In this subtitle the following words have the meanings indicated. “Board” means the State Board of Physicians. “Committee” means the Perfusion Advisory Committee established under § 14–5E–05 of this subtitle. “License” means a license issued by the Board to practice perfusion. “Licensed perfusionist” means a perfusionist who is licensed by the Board under this subtitle to practice perfusion. “Practice perfusion” means to perform the functions necessary for the support, treatment, measurement, or supplementation of the cardiovascular, circulatory, or respiratory systems, or other organs to ensure the safe management of physiologic functions by monitoring and analyzing the parameters of the systems under an order and the supervision of a licensed physician. “Practice perfusion” includes: Cardiopulmonary bypass for adult, pediatric, and neonatal patients; Extracorporeal circulatory support for renal, neurological, hepatic, and vascular surgery; Extracorporeal resuscitation; Extracorporeal circulation for long–term support of failing respiratory or cardiac function; Extracorporeal membrane oxygenation; Extracorporeal carbon dioxide removal; Myocardial protection; Perfusion–assisted direct coronary artery bypass; Hemofiltration and hemodialysis; Anticoagulation and hemostasis monitoring, analysis, and intervention; Thermal regulation; Blood gas and blood chemistry monitoring, analysis, and intervention; Physiological monitoring, analysis, and intervention; Administration of blood components and pharmaceuticals; Administration of anesthetic agents through a heart lung machine at the direction of an anesthesiologist; Ventricular assist device and mechanical circulatory support management; Intra–aortic balloon counterpulsation; Temporary pacemaker management; Periodic flow augmentation therapy; Autotransfusion; Platelet gel production, autologous hemocyte tissue matrix production; Nondifferentiated progenitor cell harvest bone marrow aspirate concentrate; Acute normovolemic hemodilution; Isolated limb or organ delivery of chemotherapeutics, progenitor cells, gene therapy vectors, and other items; Organ procurement and preservation; Thermogenic lavage; Electrophysiological analysis; Therapeutic hyperthermia; Intravascular membrane oxygenation; and Renal perfusion. “Student” means an individual who, in accordance with § 14–5E–09(c) of this subtitle, is: Enrolled in an accredited educational program to qualify for a license under this subtitle; and Performing perfusion services within the accredited program under the supervision of a licensed perfusionist and without compensation. “Supervision” means the responsibility of a licensed physician to exercise on site or immediately available direction for a licensed perfusionist to ensure the safety and welfare of patients during the course of perfusion.

This subtitle does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

The Board shall adopt regulations for the licensure and practice of perfusion.

The Board shall set reasonable fees for the issuance and renewal of licenses and other services it provides to perfusionists. The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to perfusionists, including the cost of providing a rehabilitation program for perfusionists under § 14–401.1(g) of this title. The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller. The Comptroller shall distribute all fees to the Board. The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this subtitle.

There is a Perfusion Advisory Committee within the Board.

The Committee consists of seven members, appointed by the Board as follows: Three licensed perfusionists; Three licensed physicians, at least one of whom performs cardiac or cardio–thoracic surgery or is a cardiac anesthesiologist; and One consumer member. Each member of the Committee licensed by the Board must be in good standing with the Board. The consumer member of the Committee: Must be a member of the general public; May not be or ever have been: A perfusionist; Any other health care professional; or In training to be a perfusionist or other health professional; and May not: Participate or ever have participated in a commercial or professional field related to perfusion; Have a household member who participates in a commercial or professional field related to perfusion; Have had within 2 years before appointment a financial interest in a person regulated by the Board; or Have had within 2 years before appointment a financial interest in the provision of goods or services to perfusionists or to the field of perfusion. Each member of the Committee must be a resident of the State. The term of a member is 3 years. The terms of members are staggered as required by regulation. At the end of a term, a member continues to serve until a successor is appointed and qualifies. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies. A member may not serve more than two consecutive full terms. From among its members, the Committee shall elect a chair every 2 years. The chair shall serve in an advisory capacity to the Board as a representative of the Committee. A quorum of the Committee consists of four members.

In addition to the powers set forth elsewhere in this subtitle, the Committee: Shall: Develop and recommend to the Board: Regulations to carry out this subtitle; and Any statutory changes that affect the profession; and Keep a record of its meetings; and May: Provide recommendations regarding the practice of perfusion; and Advise the Board on any other matters related to perfusionists.

Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice perfusion in this State. This section does not apply to: A student enrolled in an education program under § 14–5E–09(c)(2) of this subtitle while practicing perfusion in that program; or A perfusionist employed in the service of the federal government while practicing within the scope of the employment.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section. The applicant shall: Be of good moral character; Be at least 18 years old; and Complete a criminal history records check in accordance with § 14–308.1 of this title. An applicant for a license to practice perfusion shall: Submit to the Board satisfactory evidence of certification as a certified perfusionist or other national certification approved by the Board; and Meet any other educational or clinical requirements established by the Committee and approved by the Board; or Submit to the Board satisfactory evidence of graduation from a perfusion educational program that is accredited by the Commission on Accreditation of Allied Health Education Programs, or the Commission’s predecessor or successor; and Meet any other educational or clinical requirements established by the Committee and approved by the Board.

Except as provided in subsection (b) of this section, an applicant who otherwise qualifies for a license under § 14–5E–09(c)(2) of this subtitle is entitled to be licensed for a single 2–year term before taking the national certifying examination given by the American Board of Cardiovascular Perfusion or its successor organization or another examination given or approved by the Board. If an applicant was prevented from taking the national certifying examination before the single 2–year license expires because of extenuating circumstances, the applicant may apply to the Board for an extension of the term of the license. The Board shall adopt regulations to carry out paragraph (1) of this subsection that include: Criteria that an applicant must meet to receive an extension under paragraph (1) of this subsection; and Provisions as to the length of time that a license may be extended.

To apply for a license, an applicant shall: Complete a criminal history records check in accordance with § 14–308.1 of this title; Submit an application to the Board on the form that the Board requires; and Pay to the Board the application fee set by the Board. Subject to subsection (c) of this section, the Board shall issue a license to an applicant who meets the requirements of this subtitle. On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether to issue a license, the Board shall consider: The age at which the crime was committed; The nature of the crime; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Other evidence that demonstrates whether the applicant poses a threat to the public health or safety. The Board may not issue a license if the criminal history record information required under § 14–308.1 of this title has not been received.

A license authorizes an individual to practice perfusion in this State while the license is effective.

A license expires on a date set by the Board, unless the license is renewed for an additional term as provided in this section. The term of a license issued by the Board may not exceed 3 years. At least 1 month before a license expires, the Board shall send to the licensed perfusionist a renewal notice that states: The date on which the current license expires; The date by which the renewal application must be received by the Board for the renewal to be issued and sent before the license expires; The amount of the renewal fee; and For licensees who qualified for an initial license under § 14–5E–09(c)(2) of this subtitle, that the licensee must submit satisfactory evidence of a passing score on the examination as required under subsection (c)(2) of this section. Except as otherwise provided in this subtitle, before a license expires, the licensed perfusionist periodically may renew it for an additional term, if the licensee: Otherwise is entitled to be licensed; Is of good moral character; Pays to the Board a renewal fee set by the Board; and Except as provided in paragraph (2) of this subsection, submits to the Board: A renewal application on the form that the Board requires; and Satisfactory evidence of compliance with any continuing education or competency requirements and other requirements set under this section for license renewal. A licensee who qualified for an initial license under § 14–5E–09(c)(2) of this subtitle shall submit to the Board satisfactory evidence of a passing score on the national certifying examination given by the American Board of Cardiovascular Perfusion or its successor organization or another examination given or approved by the Board. In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education or competency requirements as a condition of the renewal of a license under this section. The Board shall renew the license of each licensee who meets the requirements of this section. The Board may not renew the license of a licensee who fails to submit satisfactory evidence of a passing score on the examination as required under subsection (c)(2) of this section. The Board shall reinstate the license of an individual who has failed to renew the license for any reason if the individual: Applies for reinstatement after the date the license expires; Meets the renewal requirements of this section; and Pays to the Board the reinstatement fee set by the Board. Beginning October 1, 2016, the Board shall require a criminal history records check in accordance with § 14–308.1 of this title for: Renewal applicants as determined by regulations adopted by the Board; and Each former licensee who files for reinstatement under subsection (f) of this section. On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 14–308.1 of this title, in determining whether disciplinary action should be taken, based on the criminal history record information, against a licensee who renewed or reinstated a license, the Board shall consider: The age at which the crime was committed; The nature of the crime; The circumstances surrounding the crime; The length of time that has passed since the crime; Subsequent work history; Employment and character references; and Other evidence that demonstrates whether the licensee poses a threat to the public health or safety. The Board may renew or reinstate a license only if the licensee or applicant attests that the licensee or applicant has submitted to a criminal history records check under § 14–308.1 of this title. A disciplinary panel may impose a civil penalty of up to $100 per continuing education credit in lieu of a sanction under § 14–5E–16 of this subtitle, for a first offense for failure of a licensee to obtain the continuing education credits required by the Board.

A licensee shall notify the Board in writing of a change in name or address within 30 days after the change. A licensed perfusionist who fails to comply with the requirements of paragraph (1) of this subsection is subject to an administrative penalty of $100. Each licensed perfusionist shall: Keep a copy of the license in the licensee’s employment file; and Make the license available for inspection on request.

Unless a disciplinary panel agrees to accept the surrender of a license, a licensed perfusionist may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of the quorum of the disciplinary panel, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license, if the applicant or licensee: Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another; Fraudulently or deceptively uses a license; Is guilty of: Immoral conduct in the practice of perfusion; or Unprofessional conduct in the practice of perfusion; Is: Professionally incompetent; Physically incompetent; or Mentally incompetent; Abandons a patient; Is habitually intoxicated; Is addicted to or habitually abuses any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article; Provides professional services while: Under the influence of alcohol; or Using any narcotic or controlled dangerous substance as defined in § 5–101 of the Criminal Law Article or any other drug that is in excess of therapeutic amounts or without valid medical indication; Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain; Willfully makes or files a false report or record in the practice of perfusion; Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report; Breaches patient confidentiality; Pays or agrees to pay any sum or provide any form of remuneration or material benefit to any person for bringing or referring a patient or accepts or agrees to accept any sum or any form of remuneration or material benefit from an individual for bringing or referring a patient; Willfully makes a misrepresentation while practicing perfusion; Willfully practices perfusion with an unauthorized individual or aids an unauthorized individual in the practice of perfusion; Willfully delegates a perfusion duty to an unlicensed individual; Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine; Is disciplined by a licensing or disciplinary authority or is convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; Fails to meet appropriate standards for the delivery of perfusion services; Willfully submits false statements to collect fees for which services are not provided; Has been subject to investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes; and Has: Surrendered the license, if any, issued by the state or country; or Allowed the license, if any, issued by the state or country to expire or lapse; Willfully fails to report suspected child abuse in violation of § 5–704 of the Family Law Article; Sells, prescribes, gives away, or administers drugs for illegal or illegitimate medical purposes; Practices or attempts to practice beyond the authorized scope of practice; Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; Practices or attempts to practice a perfusion procedure or uses or attempts to use perfusion equipment if the applicant or licensee has not received education and training in the performance of the procedure or the use of the equipment; Fails to cooperate with a lawful investigation of the Board or a disciplinary panel; or Fails to complete a criminal history records check under § 14–308.1 of this title. Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board or a disciplinary panel takes any action under subsection (a) of this section, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board or the disciplinary panel in accordance with the hearing requirements of § 14–405 of this title. On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside. After completion of the appellate process if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General. If, after a hearing under § 14–405 of this title, a disciplinary panel finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or place a licensee on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation. The Board shall pay any fines collected under this section into the General Fund. In addition to any sanction authorized under this section, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.

Any person aggrieved by a final decision of the Board under this subtitle may take a direct judicial appeal. The appeal shall be made as provided for judicial review of final decisions in Title 10, Subtitle 2 of the State Government Article. An order of the Board may not be stayed pending review. The Board may appeal from any decision that reverses or modifies its order.

Except as provided in subsections (b) and (d) of this section, each employer of a licensed perfusionist shall submit to the Board a report if: The employer: Reduced, suspended, revoked, restricted, denied, conditioned, or did not renew the licensed perfusionist’s clinical privileges, employment, or other ability to practice or treat patients; Involuntarily terminated or restricted the licensee’s employment or staff membership; or Asked the licensee to voluntarily resign because of the licensed perfusionist’s conduct or while the licensee is being investigated; and The action described under item (i) of this paragraph was taken: For reasons that might be grounds for disciplinary action under § 14–5E–16 of this subtitle; Because the licensed perfusionist may have engaged in an act that may constitute unprofessional conduct; Because the licensed perfusionist may be unable to practice perfusion with reasonable skill and safety because of a physical or mental condition or professional incompetence; or Because the licensed perfusionist may have harmed or placed one or more patients or the public at unreasonable risk of harm by engaging in an act that creates an immediate or continuing danger. A report required under paragraph (1) of this subsection shall include: The action taken by the employer; A detailed explanation of the reasons for the action, including references to specific patient medical records, if any, that informed the employer’s action; and The steps taken by the employer to investigate the conduct of the licensed perfusionist. The Board may request from the employer additional information regarding an action described in paragraph (1) of this subsection that was taken by the employer. If an employer receives a request made under subparagraph (i) of this paragraph, the employer shall promptly provide the additional information. If an employer knows that the conduct of a licensed perfusionist requires that the employer submit a report under subsection (a)(1) of this section because the licensed perfusionist is impaired by alcohol or another substance, the employer is not required to report the licensed perfusionist to the Board if: The employer knows that the licensed perfusionist is: In a substance use disorder treatment program that is accredited by The Joint Commission, or is certified by the Department; or Under the care of a health care practitioner who is competent and capable of dealing with substance use disorders; and The employer is able to verify that the licensed perfusionist remains in the treatment program until successful discharge; and The action or condition of the licensed perfusionist has not caused injury to any person while the perfusionist is practicing as a licensed perfusionist. If the employer knows that the licensed perfusionist is noncompliant with the substance use disorder program, the employer of the licensed perfusionist shall report the licensed perfusionist’s noncompliance to the Board. The Board may extend the reporting under this section for good cause shown. A person is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of substance use disorder patient records. The Board may enforce this section by subpoena. Any person shall have the immunity from liability described under § 5–715(d) of the Courts Article for giving any of the information required by this section. An employer required to make a report to the Board under this section shall submit the report within 10 days after the action requiring the report. A report made under this section is privileged, not subject to inspection under the Public Information Act, and not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and decision of the Board or a disciplinary panel under this title. A disciplinary panel may impose a civil penalty of up to $5,000 for knowingly failing to report under this section. A disciplinary panel may impose a civil penalty of up to $5,000 per incident for a report made by an employer in bad faith. The Board shall remit any penalty collected under this subsection into the General Fund of the State.

Following the filing of charges or notice of initial denial of license application, the Board shall disclose the filing to the public on the Board’s Web site. The Board shall create and maintain a public individual profile on each licensee that includes the following information: A summary of charges filed against the licensee, including a copy of the charging document, until a disciplinary panel has taken action under § 14–5E–16 of this subtitle based on the charges or has rescinded the charges; A description of any disciplinary action taken by the Board or a disciplinary panel against the licensee within the most recent 10–year period that includes a copy of the public order; A description in summary form of any final disciplinary action taken by a licensing board in any other state or jurisdiction against the licensee within the most recent 10–year period; A description of a conviction or entry of a plea of guilty or nolo contendere by the licensee for a crime involving moral turpitude that is the basis for disciplinary action taken under § 14–5E–16(c) of this subtitle; and The public address of the licensee. In addition to the requirements of subsection (b) of this section, the Board shall include on each licensee’s profile a statement of information to be taken into consideration by a consumer when viewing a licensee’s profile, including a disclaimer stating that a charging document does not indicate a final finding of guilt by a disciplinary panel. The Board: On receipt of a written request for a licensee’s profile from any person, shall forward a written copy of the profile to the person; and Shall maintain a Web site that serves as a single point of entry where all licensee profile information is available to the public on the Internet. The Board shall provide a mechanism for the notification and prompt correction of any factual inaccuracies in a licensee’s profile. The Board shall include information relating to charges filed against a licensee by a disciplinary panel and any final disciplinary action taken by a disciplinary panel against a licensee in the licensee’s profile within 10 days after the charges are filed or the action becomes final.

Subject to subsection (c) of this section, on the application of an individual whose license has been revoked, a disciplinary panel, on the affirmative vote of a majority of its full authorized membership, may reinstate a revoked license. A disciplinary panel may not reinstate a revoked license that has been revoked for a period of more than 1 year unless the licensee: Meets the requirements for reinstatement as established under this title; and Completes a criminal history records check in accordance with § 14–308.1 of this title.

Except as otherwise provided in this subtitle, a person may not practice, attempt to practice, or offer to practice perfusion in this State unless licensed to practice perfusion by the Board.

Unless authorized to practice perfusion under this subtitle, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice perfusion in this State. Unless authorized to practice perfusion under this subtitle, a person may not use the titles “certified clinical perfusionist”, “licensed perfusionist”, or “licensed clinical perfusionist”, the abbreviations “C.C.P.”, “L.P.”, or “L.C.P.”, or any other words, letters, or symbols with the intent to represent that the person practices perfusion, holds a certificate as a certified clinical perfusionist issued by the American Board of Cardiovascular Perfusion or its successor entity, or holds a license as a licensed perfusionist issued by the Board.

A person may not provide, attempt to provide, offer to provide, or represent that the person provides perfusion services unless the perfusion is provided by an individual who is authorized to practice perfusion under this subtitle.

Except as otherwise provided in this subtitle, a licensed physician may not employ or supervise an individual practicing perfusion without a license. Except as otherwise provided in this subtitle, an employer may not employ an individual to practice perfusion without a license. A disciplinary panel may impose a civil penalty of up to $5,000 for a violation of this section. The Board shall remit any penalty collected under this section into the General Fund of the State.

A person who violates any provision of §§ 14–5E–20 through 14–5E–22 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both. A person who violates any provision of §§ 14–5E–20 through 14–5E–22 of this subtitle is subject to a civil fine of not more than $5,000 to be levied by a disciplinary panel. The Board shall pay any penalty collected under this section into the Board of Physicians Fund.

This subtitle may be cited as the Maryland Perfusion Act.

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act and subject to the termination of this title under § 14–702 of this title, this subtitle and all regulations adopted under this subtitle shall terminate and be of no effect after July 1, 2030.