Texas Administrative Code › Title 22 - EXAMINING BOARDS › Part 9 - TEXAS MEDICAL BOARD › Chapter 188 - PERFUSIONISTS › Section 188.13 - Grounds for Denial of Licensure and for Disciplinary Action

Current through Reg. 49, No. 28; July 12, 2024
The board may refuse to issue a license to any person and
				  may, following notice of hearing as provided for in the APA, take disciplinary
				  action against any perfusionist that:
(1) fraudulently or deceptively obtains or
				attempts to obtain a license;
(2)
				fraudulently or deceptively uses a license or misrepresents his or her
				qualifications or credentials;
(3)
				falsely represents that the person is a physician;
(4) violates the Act, Code of Ethics, Code of
				Ethics promulgated by the ABCP or any rule relating to the practice of
				perfusion;
(5) is convicted of a
				felony, or has imposition of deferred adjudication or pre-trial
				diversion;
(6) habitually uses
				drugs or alcohol to the extent that, in the opinion of the board, the person
				cannot safely perform as a perfusionist;
(7) has been adjudicated as mentally
				incompetent or has a mental or physical condition that renders the person
				unable to safely perform as a perfusionist;
(8) has acted in an unprofessional or
				dishonorable manner that is likely to deceive, defraud, or injure any member of
				the public;
(9) has failed to
				practice as a perfusionist in an acceptable manner consistent with public
				health and welfare;
(10) has
				committed any act that is in violation of the laws of this state if the act is
				connected with practice as a perfusionist; a complaint, indictment, or
				conviction of a law violation is not necessary for the enforcement of this
				provision. Proof of the commission of the act while in practice as a
				perfusionist or under the guise of practice as a perfusionist is sufficient for
				action by the board under this section;
(11) has had the person's license or other
				authorization to practice as a perfusionist suspended, revoked, or restricted
				or who has had other disciplinary action taken by another state, territory,
				Canadian province or country regarding practice as a perfusionist or had
				disciplinary action taken by the uniformed services of the United States. A
				certified copy of the record of the state, territory, Canadian province,
				country or uniformed services of the United States taking the action is
				conclusive evidence of it;
(12)
				unlawfully advertises in a false, misleading, or deceptive manner as defined by
				§
									101.201
				of the Texas Occupations Code or promotes or endorses products in a false or
				misleading manner;
(13) alters,
				with fraudulent intent, any perfusionist license, certificate, or
				diploma;
(14) uses any perfusionist
				license, certificate, or diploma that has been fraudulently purchased, issued,
				or counterfeited or that has been materially altered;
(15) is removed or suspended or has
				disciplinary action taken by his peers in any professional association or
				society, whether the association or society is local, regional, state, or
				national in scope, or is being disciplined by a licensed hospital or medical
				staff of a hospital, including removal, suspension, limitation of privileges,
				or other disciplinary action, if that action, in the opinion of the board, was
				based on unprofessional conduct or professional incompetence that was likely to
				harm the public. This action does not constitute state action on the part of
				the association, society, or hospital medical staff;
(16) has repeated or recurring meritorious
				health care liability claims that in the opinion of the board evidence
				professional incompetence likely to harm the public;
(17) sexually abuses or exploits another
				person through the licensee's practice as a perfusionist;
(18) provides medically unnecessary services
				to a patient or submitting a billing statement to a patient or a third party
				payer that the licensee knew or should have known was improper, as further
				provided by §
									311.0025 of the
				Texas Health and Safety Code and §
									101.203
				of the Texas Occupations Code. "Improper" means the billing statement is false,
				fraudulent, misrepresents services provided, or otherwise does not meet
				professional standards;
(19)
				violates a board order;
(20) fails
				to comply with a board subpoena or request for information or action;
(21) provides false information to the
				board;
(22) fails to cooperate with
				board staff;
(23) refers a patient
				to a facility, laboratory, or other healthcare establishment without disclosing
				the existence of the licensee's ownership interest in the entity to the
				patient;
(24) behaving in an
				abusive or assaultive manner towards a patient or the patient's family or
				representatives that interferes with patient care or could be reasonably
				expected to adversely impact the quality of care rendered to a
				patient;
(25) fails to timely
				respond to communications from a patient;
(26) fails to complete the required amounts
				of CE;
(27) fails to maintain the
				confidentiality of a patient;
(28)
				behaves in a disruptive manner toward licensees, hospital personnel, other
				medical personnel, patients, family members or others that interferes with
				patient care or could be reasonably expected to adversely impact the quality of
				care rendered to a patient;
(29)
				enters into any agreement whereby a licensee, peer review committee, hospital,
				medical staff, or medical society is restricted in providing information to the
				board;
(30) contacts or attempt to
				contact a complainant, witness, medical peer review committee member, or
				professional review body regarding statements used in an active investigation
				by the board for purposes of intimidation. It is not a violation for a licensee
				under investigation to have contact with a complainant, witness, medical peer
				review committee member, or professional review body if the contact is in the
				normal course of business and unrelated to the investigation.
(31) defaults on student loans;
(32) fails to pay child support as required
				by court order;
(33) aids or abets,
				directly or indirectly, the practice of perfusion by any person not duly
				licensed to practice as a perfusionist by the board;
(34) fails to practice in an acceptable
				professional manner consistent with public health and welfare, including, but
				not limited to, failing to treat a patient according to the generally accepted
				standard of care, negligence in performing perfusion services, failing to use
				proper diligence in one's professional practice, failing to safeguard against
				potential complications;
(35) fails
				to adequately supervise the provisionally licensed perfusionist according to
				Act or rules adopted by the board; or
(36) lacks the competency, skill or ability
				to provide perfusion services according to the standard of care.