RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF OSTEOPATHIC MEDICINE
[49 PA. CODE CH. 25]
Application for Temporary Graduate Perfusionist License
[53 Pa.B. 2963]
[Saturday, June 3, 2023]The State Board of Osteopathic Medicine (Board) amends § 25.804 (relating to application for temporary graduate perfusionist license) to read as set forth in Annex A.
Effective Date
This final-omitted rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
By Act 120 of November 2, 2016 (P.L. 974, No. 120) (Act 120 of 2016), section 13.3(h) of the Osteopathic Medical Practice Act (act) (63 P.S. § 271.13c(h)), was amended to delete the provision which provided that a temporary graduate perfusionist license expires immediately upon notice that the license holder has failed the examination required for licensure. Section 16 of the act (63 P.S. § 271.16) authorizes the Board to adopt regulations as are reasonably necessary to carry out the purposes of the act. The Board adopts this final-omitted rulemaking to conform its existing regulation to the new statutory provision.
Background and Purpose
To qualify for licensure as a perfusionist in this Commonwealth, an applicant must hold current National certification from the American Board of Cardiovascular Perfusion (ABCP). To obtain National certification, an individual must have successfully completed the ABCP certification examination. The certification examination consists of two parts: the Perfusion Basic Science Examination (PBSE) and the Clinical Applications in Perfusion Examination (CAPE). The ABCP places no limits on the number of times an individual may take the PBSE or CAPE. Graduates of perfusion education programs are eligible to sit for the PBSE. Graduates of perfusion education programs who have completed at least 40 independent perfusions may sit for the CAPE. Graduates of perfusion education programs are eligible to sit for the PBSE. Graduates of perfusion education programs who have completed at least 40 independent perfusions may sit for the CAPE.
The Board may issue a temporary graduate license to practice perfusion to an individual who has graduated from an educational program, which allows the graduate to practice perfusion under direct supervision of a licensed perfusionist. 63 P.S. § 271.13c(h)(2). The temporary permit allows individuals to complete the experiential requirement that is prerequisite to taking the CAPE.
Prior to Act 120 of 2016, the act required that ''the [temporary graduate] license shall expire immediately upon notice that the individual has failed the required examination under this act.'' Id. at 63 P.S. § 271.13c(h)(2). The practical effect of this provision was that a graduate perfusionist license holder only had one opportunity to take and pass the perfusion examination. Examination failure was near-catastrophic to the career of a perfusionist candidate in this Commonwealth. The graduate license holder would typically lose their job at a hospital because the graduate license expired ''immediately upon notice that the individual has failed the required examination under this act.'' Id.
To conform the Commonwealth's requirements to National standards, the General Assembly enacted Act 120 of 2016 to delete the provision which provided that the temporary license would expire if the license-holder failed the PBSE or CAPE. The Board must now conform its regulations to the statute.
The Board's existing regulation at 49 Pa. Code § 25.804(e) reflects the outdated and repealed provision requiring immediate expiration of the temporary graduate perfusionist license. Section 25.804(e) must be amended to reflect Act 120 of 2016. The Board has determined that this amendment is necessary to align the Board's regulations with the self-executing provisions of Act 120 of 2016.
Omission of Proposed Rulemaking
Under section 204 of the Commonwealth Documents Law (CDL) (45 P.S. § 1204) the Board is authorized to omit the procedures for a proposed rulemaking in sections 201 and 202 of the CDL (45 P.S. §§ 1201 and 1202) if the Board finds that the specified procedures are impracticable, unnecessary or contrary to the public interest. The Board has determined that publication of a proposed rulemaking is unnecessary under the circumstances because Act 120 of 2016 requires the Board to amend its regulations to conform to the statutory amendment. The Board is thus promulgating this regulation as a final-omitted rulemaking under the Regulatory Review Act (RRA) (71 P.S. §§ 745.1—745.14), with notice of proposed rulemaking omitted under section 204 of the CDL.
Description of Amendment
Act 120 of 2016 deleted the existing statutory provision which provided: ''The license shall expire immediately upon notice that the individual has failed the required examination under this act.'' The Board amends § 25.804 by deleting subsection (e) to conform the regulation with the statutory amendment. Subsection (e) currently provides that ''A temporary graduate perfusionist license expires upon notice to the Board that the holder has failed the Nationally-recognized certifying agency's certification examination. The holder of a temporary graduate perfusionist license who fails the examination shall immediately cease practicing and return the license to the Board.''
Fiscal Impact and Paperwork Requirements
There is no fiscal impact and no paperwork requirements associated with this final-omitted rulemaking which conforms the Board's regulations to current statutory provisions.
Regulatory Review
Under section 5.1(c) of the RRA (71 P.S. § 745.5a(c)), on March 30, 2023, the Board submitted copies of the final-omitted rulemaking, with a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC), the Senate Consumer Protection and Professional Licensure Committee (SPC/PLC) and the House Professional Licensure Committee (HPLC). On the same date, the Board submitted a copy of the final-omitted rulemaking to the Office of Attorney General under section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732-204(b)).
Under section 5.1(e) and (j.2) of the RRA (71 P.S. § 745.5a(e) and (j.2)), on May 17, 2023, the final-omitted rulemaking was deemed approved by the SPC/PLC and the HPLC. Under section 5.1(e) of the RRA, IRRC met on May 18, 2023, and approved the final-omitted rulemaking. OAG approved the final-omitted rulemaking on April 24, 2023.
Additional Information
For additional information about the amendment, submit inquires to Shana M. Walter, Counsel, State Board of Osteopathic Medicine, P.O. Box 69523, Harrisburg, PA 17106-9523 or by e-mail to RA-STRegulatoryCounsel@ pa.gov.
Findings
The Board finds that:
(1) Public notice of the Board's intention to amend its regulations under the procedures in sections 201 and 202 of the CDL has been properly omitted under section 204 of the CDL because public comment is unnecessary given that the amendments adopted by this order are required to conform to the amendments to the Osteopathic Medical Practice Act (63 P.S. §§ 271.1—271.18).
(2) The amendment of the Board's regulations in the manner provided in this order is necessary and appropriate for the administration of the Osteopathic Medical Practice Act.
Order
The Board, acting under its authorizing statute, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 25, are amended by amending § 25.804 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to form and legality as required by law.
(c) The Board shall submit this order and Annex A to IRRC, the SPC/PLC, and the HPLC as required by law.
(d) The Board shall certify this order and Annex and deposit them with the Legislative Reference Bureau as required by law.
(e) This order shall take effect upon notice or publication in the Pennsylvania Bulletin.
WILLIAM B. SWALLOW, DO,
Chairperson(Editor's Note: See 53 Pa.B. 3055 (June 3, 2023), for IRRC's approval order.)
Fiscal Note: 16A-5332. No fiscal impact; recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 25. STATE BOARD OF OSTEOPATHIC MEDICINE
Subchapter N. PERFUSIONISTS § 25.804. Application for temporary graduate perfusionist license.
(a) An applicant for a temporary graduate perfusionist license shall submit, on forms made available by the Board, a completed application, including the necessary supporting documents, and pay the fee in § 25.231 (relating to schedule of fees) for an application for a temporary graduate perfusionist license.
(b) The Board may grant a temporary graduate perfusionist license, which authorizes the license holder to practice only under the supervision and direction of a perfusionist licensed under the act, to an applicant who:
(1) Demonstrates that the applicant is eligible for and has applied to sit for the examination of a certifying agency approved by a Nationally-recognized accrediting agency approved by the Board.
(2) Demonstrates that the applicant has graduated from an accredited perfusion program approved by the Board.
(3) Demonstrates that the applicant is at least 18 years of age and of good moral character.
(4) Demonstrates that the applicant has obtained professional liability insurance as required under section 13.3(k) of the act (63 P.S. § 271.13c(k)).
(5) Otherwise complies with this subchapter.
(c) The Board may deny an application for a temporary graduate perfusionist license upon the grounds for disciplinary action in § 25.809 (relating to disciplinary action for licensed perfusionists).
(d) A temporary graduate perfusionist license expires 2 years after the date of issuance and may not be renewed.
(e) [Reserved].
[Pa.B. Doc. No. 23-728. Filed for public inspection June 2, 2023, 9:00 a.m.]
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