Current through Register Vol. 49, No. 9, September, 2024
SECTION 3.
DEFINITIONS.
A.
Automatic licensure means
granting the occupational licensure without an individual having met
occupational licensure requirements provided under the Arkansas Code or by
other provisions in these Rules.
B.
ABCP means the American Board of Cardiovascular
Perfusion.
C.
BLS
means basic life support.
D.
CPS means cardiopulmonary support.
E.
ECMO means extracorporeal
membrane oxygenation.
F.
Extracorporeal circulation means the diversion of a patient's
blood through a heart-lung machine or a similar device that assumes the
functions of the patient's heart, lungs, kidneys, liver, or other
organs.
G.
Licensed
Perfusionist means a person licensed under Ark. Code Ann. 17-104- 101 et
seq., as amended.
H.
Perfusion means the functions necessary for the support,
treatment, measurement, or supplementation of the cardiovascular, circulatory,
respiratory systems or other organs, or a combination of those activities, and
to ensure the safe management of physiologic functions by monitoring and
analyzing the parameters of the systems under an order and supervision of a
licensed physician, including:
1. The use of
extracorporeal circulation, long-term cardiopulmonary support techniques
including, but not limited to, extracorporeal carbon-dioxide removal and
extracorporeal membrane oxygenation, and associated therapeutic and diagnostic
technologies;
2. Counter pulsation,
ventricular assistance, autotransfusion, blood conservation techniques,
myocardial and organ preservation, extracorporeal life support, and isolated
limb perfusion;
3. The use of
techniques involving blood management, advanced life support, related
functions;
4. The administration of
pharmacological and therapeutic agents or blood products or anesthetic agents
through the extracorporeal circuit or through an intravenous line for perfusion
purposes as ordered by a physician;
5. The performance and use of:
6. Anticoagulation monitoring and
analysis;
7. Blood gas and
chemistry monitoring and analysis;
8. Hematologic monitoring and
analysis;
9. Hypothermia;
10. Hyperthermia;
11. Hemoconcentration and hemodilution;
and
12. Hemodialysis.
13. The observation of signs and symptoms
related to perfusion services, the determination of whether the signs and
symptoms exhibit abnormal characteristics, and the implementation of
appropriate reporting, perfusion protocols, or changes in or the initiation of
emergency procedures.
I.
PADCAB means perfusion-assisted direct coronary artery
bypass.
J.
PALS means
pediatric advanced life support.
K.
Perfusion protocols means perfusion related policies and protocols
developed or approved by a licensed health care facility or a physician through
collaboration with administrators, licensed perfusionists, and other health
care professionals.
L.
Provisional licensed perfusionist means a person provisionally
licensed under Ark. Code Ann.
17-104-101 et seq., as
amended.
M.
Returning
military veteran means a former member of the United Armed Forces who
was discharged from active duty under circumstances other than
dishonorable.
N.
Uniformed
service member means an active or reserve component member of the United
States Air Force, United States Army, United States Coast Guard, United States
Marine Corps, United States Navy, United States Space Force, or National Guard;
an active component member of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps; or an active or reserve component
member of the United States Commissioned Corps of the Public Health
Service.
O.
Uniformed service
veteran means a former member of the United States uniformed services
discharged under conditions other than dishonorable.
P.
VAD means ventricular assist
device.
SECTION 4.
LICENSURE.
A. Requirements.
1. Any person is eligible to make application
to the board and receive a license, subject to the provisions of Ark. Code Ann.
17-104-101 et seq. as
amended.
2. A licensed perfusionist
shall conform to the Code of Ethics as approved by the State Board of Health.
See Section 5.
3. A licensed
perfusionist shall at all times hold the well-being of the patient to be
paramount and shall not act in such a way as to bring the member's interested
into conflict with the patient's interests. A licensed perfusionist shall
deliver health care services without regard to race, color, creed, national
origin, sex, age, religion, sexual preference or physical and/or mental
condition.
4. The applicant shall
make application upon a form prepared by the Department.
5. A perfusionist shall practice perfusion
only when duly licensed to do so pursuant to the provisions of the Perfusion
Licensure Act, Ark. Code Ann.
17-104-101 et seq., as
amended.
6. A licensed perfusionist
shall notify the Department of the suspension, probation, revocation or any
final disciplinary action of any past or currently held permits, licenses, or
certificates required to practice perfusion in this or any jurisdiction of the
US, US territories, District of Columbia or the province of Canada within 30
days of final adjudication.
7. A
licensed perfusionist shall report to the Department any alleged violation of
status, rules and regulations governing the practice of perfusion in the state
of Arkansas within 30 days of the alleged violation.
8. A licensed perfusionist shall not procure
or attempt to procure a license or renewal of a license to practice perfusion
by fraud or deceit.
9. A licensed
perfusionist shall not practice perfusion after a license has expired or has
been suspended, revoked or not renewed.
10. A licensed perfusionist shall not
practice perfusion under cover of any permit, license or certificate illegally
or fraudulently obtained or issued.
11. A licensed perfusionist shall not obtain
or attempt to obtain any fee, charge, tuition or other compensation by fraud,
deception or misrepresentation or willfully over charge or over treat
patients.
12. A licensed
perfusionist shall not willfully perform inappropriate or unnecessary
treatment, diagnostic tests or perfusion services.
13. A licensed perfusionist shall not
delegate professional responsibilities to a person who is not qualified by
training, skill, competency, age, experience or licensure to perform such
responsibilities.
14. A licensed
perfusionist shall not violate or attempt, directly or indirectly, or assist or
enable any person to violate, any provisions, document, section, lawful rule,
or regulation or any Code of Ethics adopted pursuant to Ark. Code Ann.
17-104-101 et seq.
15. A licensed perfusionist shall keep the
Department informed of any address change.
B. New Applicants
1. All new applicants for a perfusionist
license shall submit a signed application to the Department for consideration;
and
2. Shall meet the requirements
of the ABCP for Certification and be certified by the ABCP.
C. Military
1. This Rules applies to
(a) Uniformed service members stationed in
Arkansas
(b) Uniformed service
veteran who resides in or establishes residency in the State of
Arkansas;
(c) The spouse of (a) or
(b) including a:
(i) Uniformed service member
who is assigned a tour of duty that excludes the spouse from accompanying the
uniformed service member and the spouse relocates to Arkansas;
(ii) Uniformed service member is killed or
succumb to his or her injuries or illness in the line of duty if the spouse
establishes residency in Arkansas.
2. Automatic license may be granted to the
persons listed in SECTION 4.C if:
(a) The
person is a holder in good standing of occupational licensure with similar
scope of practice issued in another state, territory, or district of the United
States; and,
(b) The person pays
the licensure fee is §
17-107-204
3. Credit toward initial licensure
(a) Relevant and applicable uniformed service
education, training, or service-issued credential shall be accepted toward
initial licensure of a uniformed service member or a uniformed service veteran
who makes application within one (1) year of his or her discharge from
uniformed service.
4.
Expiration Dates and Continuing Education
(a)
A license expiration date shall be extended for a deployed uniformed service
member or a spouse for one hundred eighty (180) days following the date of the
uniformed service member's return from deployment.
(b) A uniformed service member or spouse
shall be exempt from continuing education requirement in Section 14 of these
Rules for one hundred eighty (180) days following the date of the uniformed
service member's return from deployment.
(c) Any uniformed service member or spouse
exercising the exemption shall provide evidence of completion of continuing
education before renewal or grant of a subsequent license.
D. Renewal. Each renewal period
the licensee must be able to provide proof of:
1. current certification by the American
Board of Cardiovascular Perfusion (ABCP) or its successor; or
2.
(a)
thirty (30) hours of perfusion-related continuing professional
(b) education which may include ACLS, PALS,
and BLS, of which at least ten (10) hours shall be meetings, programs or
activities accredited for continuing education hours by ABCP or its successor;
and
(c) forty (40) clinical
activities annually.
(i) Clinical activities
are defined as:
(A) Bypass, Primary
(B) Instructor
(C) Veno-Venous Bypass
(D) Pump Assisted Coronary or Organ Perfusion
(PADCAB/isolated limb perfusion)
(E) CPS
(F) ECMO
(G) VAD
(H) Documented intraoperative pump
standby
(I) Bypass first
assistant.
(ii) Of the 40
clinical activities above, a maximum of 15 activities may be documented
intraoperative pump standbys or bypass first assistant. The standbys must be
documentable in an audit. For each ECMO or VAD case, one case credit will be
awarded for initiating and maintaining on shift (4 hours minimum), or managing
one shift (8 hours minimum), or the duration of the case. Cases performed as
the Clinical Instructor in an accredited program are considered primary
perfusions and may be included in this category.
3. Regular licenses are renewable every two
years. Provisional licenses are renewable for 12 months.
4. A uniformed service Member, Veteran, or
Spouse may have an extension of their perfusion license expiration up to 180
days following the date of the service members return from
deployment.
5. The period of
completion of the continuing professional education and clinical activities
requirements shall be the 24 (twenty-four) month period beginning January 1 and
ending December 31 of each renewal period. A licensee who has failed to obtain
and report, in a timely fashion their continuing professional education and
clinical activities shall not engage in the practice of perfusion unless an
extension is obtained pursuant to number six (6) below of this rule.
6. A Uniformed Service Member, Veteran, or
Spouse may be granted up to 180 days following the date of the service members
return from deployment to complete the required continuing education.
7. Each licensee shall certify by signature,
under penalty of perjury, that he/she has completed the required units of
continuing professional education and clinical activities on the renewal
form.
8. Each licensee shall retain
records documenting completion of the continuing professional education and
clinical activities requirements for a minimum of three years after the
reporting period in which the continuing professional education and clinical
activities was completed. The Board may conduct an audit of licensees to verify
compliance with the continuing professional education and clinical activities
requirements. Licensees shall assist the board in its audit by providing timely
and complete responses to the board's inquiries.
9. A licensee who cannot complete the
continuing professional education and clinical activities requirements because
of personal illness, military service or other circumstances beyond the
licensee's control which the board deems to be sufficient to impose an
insurmountable hardship may apply for an extension of time to complete the
continuing professional education and clinical activities requirements. Any
extension of time to complete the continuing professional education and
clinical activities requirements will be granted solely at the discretion of
the board. The licensee must make a written application for extension of time
prior to the January 31 deadline or completion of the continuing professional
education and clinical activities requirement. A processing fee of $50.00 shall
accompany the application for extension. The licensee shall provide full and
complete written documentation of the grounds supporting the reasons for which
an extension is sought. A licensee who requests an extension of time to
complete the continuing professional education and clinical activities
requirements shall not engage in the active practice of perfusion unless the
board grants the licensee's request for extension and the licensee received
express written authorization to engage in the active practice of perfusion.
(a) The board, solely in its discretion, may
grant an extension based on unforeseeable circumstances beyond the licensee's
control which impose an insurmountable hardship precluding the licensee from
obtaining the required continuing professional education and clinical
activities. At a minimum, the licensee must provide written documentation
explaining specifically and in detail the nature of the circumstances were
unforeseeable and beyond the licensee's control, the period during which the
circumstances were in existence, the number of continuing professional
education units and clinical activities earned in the reporting period and the
licensee's plan for completing the balance of the requirements. The board, in
its discretion, shall determine if the situation described in the licensee's
application constitutes unforeseeable circumstances beyond the licensee's
control which impose an unsurmountable hardship precluding the licensee from
obtaining the required continuing professional education and clinical
activities.
(b) The licensee who is
granted an extension of time shall complete the balance of his/her continuing
professional education and clinical activities requirements no later than six
months after return to work immediately following the end of the reporting
period for which an extension was sought and shall provide the board with
written documentation of his/her completion of the continuing education
requirements no later than August 10 immediately following the end of the
reporting period for which an extension was sought. Failure to complete the
continuing professional education and clinical activities requirements by
January 31st or to file the documentation with the board by August 10 shall
constitute a violation of Section D.3.
10. A licensee who has failed to complete and
report in a timely fashion the required units of continuing professional
education and clinical activities and engages in the active practice of
perfusion without the express written authority of the board shall be deemed to
have engaged in the unauthorized practice of perfusion.
E. Provisional License.
1. A license as a provisional licensed
perfusionist may be issued by the board to a person who has:
(a) successfully completed an accredited
perfusion education program recognized by ABCP or its successor;
(b) filed an application;
(c) paid an application fee; and
(d) submitted such evidence of successful
completion of the education and clinical activities as required by the
board.
2. A provisional
licensed perfusionist shall be under the supervision and direction of a
licensed perfusionist at all times during which the provisional licensed
perfusionist performs perfusion. Rules adopted by the board governing such
supervision and direction may not require the immediate physical presence of
the supervising licensed perfusionist.
3. A person qualified for a provisional
license under these rules is entitled to receive a license as a provisional
licensed perfusionist. A provisional licensed perfusionist shall comply with
other pertinent sections of these rules.
4. A provisional license is valid for 12
months from the date it is issued and may be renewed annually not more than two
years by the same procedure established for renewal under Section 4 of these
rules. The application for renewal shall be signed by a supervising licensed
perfusionist.
F.
Reciprocity. License shall be granted to the licensee of another state if the
applicant holds a current certification issued by the ABCP in good standing, or
its successor and pays the appropriate application fee.
1. The applicant shall not have had a license
revoked, suspend or put on probation for:
(a)
An act of bad faith; or
(b) A
violation of law, rule, or ethics;
2. The applicant shall be sufficiently
competent in the field of perfusion; and
3. An applicant shall submit an application,
the required fee, and required documentation. Required documentation shall
include:
(a) Copy of ABCP
Certification;
(b) Evidence of
current and active licensure in that state;
(c) A list of the names of all states in
which the applicant is currently licensed or has been previously licensed;
and,
(d) Letters of good standing
or other information from each state in which the applicant is currently or has
ever been licensed showing that the applicant has not had his license revoked,
suspended or probationary status as described above.
4. The applicant shall receive a temporary
license immediately upon submission of the application, the required fee, and
the required documentation.
G. Displaying of License.
1. Perfusionists shall display their license
in an appropriate and public manner; or
2. Maintain on file in the health care
facility in which the licensed perfusionists is working, an accurate copy of
the perfusionists license; and
H. Fees.
1.
Initial application for consideration of licensure which requires a complete
certification of stated qualifications and credentials in the application shall
be $150.00.
2. For renewal of
license occurring every two years which checks the current credentials and
clinical activities of the already licensed perfusionist shall be
$100.00.
3. Fee for a provisional
license is $150.00 annually.
4. Fee
for reciprocity is $100.00.
5. Fee
for an extension is $50.00.
I. Continuing Education and Clinical
Activities. Licensed perfusionists and provisional licensed perfusionists shall
meet the continuing education and clinical activities requirements of American
Board of Cardiovascular Perfusion or its successor. A Uniformed Service Member
may be granted additional time to complete (See 4C.4b. and c.).
J. Procedure on Denial, Reprimand, Probation,
Civil Penalties, Suspension, or Revocation.
1.
Grounds for Discipline. The board shall have sole authority to deny or suspend
any license to practice perfusion issued by the board or applied for in
accordance with the provisions of this chapter, or to otherwise discipline a
licensee upon determination of:
(a) Any
violation of Ark. Code Ann.
17-104-101 et seq.; or
(b) Any violation of a rule or code of ethics
adopted by the board; or
(c)
Unprofessional conduct, which includes, but is not limited to:
(i) Incompetence or gross negligence in
carrying out usual perfusion functions;
(ii) A conviction of practicing perfusion
without a license or a provisional license;
(iii) The use of advertising relating to
perfusion in a manner which violates state law;
(iv) Procuring a license or provisional
license by fraud, misrepresentation or mistake;
(v) Making or giving any false statement or
information in connection with the application for the license or provisional
license.
(vi) A plea of guilty,
nolo contendere, or a finding of guilt of a felony listed under § 17-2102
or any offense substantially related to the qualifications, functions, or
duties of a perfusionist, in which event the record shall be conclusive
evidence; or
(vii) Impersonating an
applicant or acting as proxy for an applicant in any examination required under
Act 888 for the issuance of a license.
(d) If a license suspension is probated, the
department may require the licensee to:
(i)
Report on a regular basis to the department on matters that are the basis of
the probation.
(ii) Limit the
practice to the areas prescribed by the department; or
(iii) Continue the person's professional
education until the licensee reaches a degree of skill, in those areas that are
the basis of the probation, satisfactory to the department.
2. Proceedings.
Proceedings shall be as follows:
(a)
Opportunity for licensee or applicant to have a hearing. Except as provided in
Section 4.J.2.b.2. below, every licensee or applicant for a license shall be
afforded notice and an opportunity to be heard before the board. The board
shall have authority to take any action the effect of which would be to:
(i) Deny a license after examination for any
cause other than failure to pass an examination;
(ii) Withhold the renewal or reinstatement of
a license for any cause;
(iii)
Revoke a license;
(iv) Suspend a
license;
(v) Probate a
license;
(vi) Reprimand a
license;
(vii) Levy civil
penalties.
(b) Suspension
of license without prior notice or hearing. If the Department finds that the
continued practice by a licensee of the occupation or profession for which
he/she is licensed will create an immediate hazard to the public, the board may
suspend the license pending a hearing without prior notice of hearing.
(i) When the Department contemplates taking
any action, it shall give a written notice to the licensee at the last address
of record, which contains a statement:
(A)
That the Department has sufficient evidence which, if not rebutted or
explained, will justify the Department in taking the contemplated action;
(1) Indicating the general nature of the
evidence, and detailed allegations of violation the licensee is charged with;
and
(2) That a hearing will be held
on a date certain, no sooner than 20 days after the mailing of the notice to
the last address of record and at the hearing the board will receive the
evidence.
(B) When the
Department shall summarily suspend a license pending a hearing, it shall give
written notice of the general nature of the evidence and detailed allegations
of the violation the licensee is charged with:
(1) The Department has sufficient evidence
which, if not rebutted or explained, will justify revocation of the license by
the board;
(2) Indicating the
general nature of the evidence against the licensee;
a. That, based on the evidence indicated, the
Department has determined the continuation of practice of the occupation or
profession of the licensee will create an immediate hazard to the public and
has therefore suspended the license of the licensee effective as the date such
notice is served;
b. The board will
then set an immediate hearing for a full evidentiary presentation by the
licensee and the Department.
(3) In any hearing before the board involving
the suspension or revocation of the license, the burden shall be on the
Department to present competent evidence to justify the action taken or
proposed by the board.
K. Civil
Penalties. The board may, after providing notice and a hearing, levy civil
penalties in an amount not to exceed $500.00 for each violation against those
individuals or entities found to be in violation.
1. Each day of violation shall be a separate
offense.
2. These penalties shall
be in addition to other penalties which may be imposed by the board pursuant to
this Chapter Section.
3. Unless the
penalty assessed under this subsection is paid within 30 calendar days
following the date for an appeal from the order, the board shall have the power
to file suit in the Circuit Court of Pulaski County to obtain a judgment for
the amount of penalty not paid.
L. Method of Serving Notice of Hearing. Any
notice required may be served either personally or by an officer authorized by
law to serve process, or by registered mail or certified mail with return
receipt requested, directed to the licensee or applicant at his or her last
known address. If notice is served personally, it shall be deemed to have been
served at the time when the officer delivers the notice to the person
addressed. Where notice is served by registered or certified mail, it shall be
deemed to have been served on the date borne by the return receipt showing
delivery of the notice to the addressee or refusal of the addressee to accept
this notice. An attempt to serve notice at the last address of record shall
constitute official notice.
M.
Venue of Hearing. Board hearings held under provisions of this rule shall be
conducted at the board office or elsewhere in Pulaski County.
N. Hearings Public. All hearings under this
Section shall be open to the public. At all such hearings at least a quorum of
the board shall be present to hear and determine the matter.
O. Rights of Persons Entitled to Hearing. A
person entitled to be heard pursuant to this section shall have the right to:
1. Be represented by counsel;
2. Present all relevant evidence by means of
witnesses, books, papers and documents;
3. Examine all opposing witnesses on any
matter relevant to the issues;
4.
Have subpoenas and subpoenas ducestecum issued to compel the attendance of
witnesses and the production of relevant books, papers and documents upon
making written request therefore to the board; and
5. Have a transcript of the hearing made at
his or her own expense.
P. Powers of the board in Connection with
Hearing. In connection with any hearing held pursuant to the provisions of this
section, the Board or its hearing officer shall have power to:
1. Have counsel to develop the
case;
2. Administer oaths or
affirmations to witnesses called to testify;
3. Take testimony;
4. Examine witnesses;
5. Have a transcript of the hearing made at
the expense of the board; and
6.
Direct a continuance of any case.
Q. Rules of Evidence. In proceedings held
pursuant to this rule, the Board may admit any evidence and may give probative
effect to evidence that is of a kind commonly relied on by reasonably prudent
men in the conduct of serious affairs. The Board may in their discretion
exclude incompetent, irrelevant, immaterial and unduly repetitious
evidence.
R. Manner and Time of
Rendering Decision. After a hearing has been completed, the members of the
Board shall proceed to consider the case and as soon as practicable shall
render their decision. If the hearing was conducted by a hearing officer, the
decision shall be rendered by the Board at a meeting where quorums of the
members of the Board are present and participating in the decision. In any case
the decision must be rendered within 90 days after the hearing.
S. Service of Written Decision. Within a
reasonable time after the decision is rendered, the Board shall serve upon the
person whose license is involved a written copy of the decision, either
personally or by registered mail to the last known address. If the decision is
sent by registered mail, it shall be deemed to have been served on the date
borne on the return receipt.
T.
Procedure Where Persons Fails to Request or Appear for Hearing. If a person
duly notified fails to appear for a disciplinary hearing and no continuance has
been granted, the Board, or its hearing officer, shall hear the evidence of
such witnesses as may have appeared, and the Board shall proceed to consider
the matter and dispose of it on the basis of the evidence before it in the
manner required.
U. Contents of
Decision. The decision of the Board shall contain:
1. Findings of fact made by the
Board;
2. Conclusions of law
reached by the Board;
3. The order
of the Board based upon these findings of fact and conclusions of law;
and
4. A statement informing the
person whose license is involved of his right to request a judicial review and
the time within which such request must be made.
V. Initial Licensure Fee Waiver
1. Pursuant to Act 725 of 2021, an applicant
may receive a waiver of the initial licensure fee, if eligible. Eligible
applicants are applicants who:
(a) Are
receiving assistance through the Arkansas, or current state of residence
equivalent, Medicaid Program, the Supplemental Nutrition Assistance Program
(SNAP), the Special Supplemental Nutritional Program for Women, Infants, and
Children (SSNP), the Temporary Assistance for Needy Families Program (TEA) or
the Lifeline Assistance Program (LAP);
(b) Were approved for unemployment within the
last twelve (12) months; or
(c)
Have an income that does not exceed two hundred percent (200%) of the federal
poverty income guidelines.
2. Applicants shall provide documentation
showing their receipt of benefits from the appropriate State Agency.
(a) For Medicaid, SNAP, SSNP, TEA, or LAP,
documentation from the Arkansas Department of Human Services (DHS), or current
state of residence equivalent agency;
(b) For unemployment benefits approval in the
last twelve (12) months, the Arkansas Department of Workforce Services, or
current state of residence equivalent agency; or
(c) For proof of income, copies of all United
States Internal Revenue Service Forms indicating applicant's total personal
income for the most recent tax year e.g., "W2," "1099," etc.
3. Applicants shall attest that
the documentation provided under (b) is a true and correct copy and fraudulent
or fraudulently obtained documentation shall be grounds for denial or
revocation of license.
SECTION 5.
CODE OF ETHICS
PREAMBLE: The purpose of a code of ethics is to acknowledge a
profession's acceptance of the responsibility and trust conferred upon it by
society and to recognize the internal obligations inherent in that trust. The
following paragraphs delineate the standards governing the conduct of
perfusionists in their professional interactions with patients, colleagues,
other health professionals and the general public. Realizing that no code can
encompass all ethical responsibilities of the perfusionists, this enumeration
of obligations in the code of ethics is not comprehensive and does not
constitute a denial of the existence of other obligations, equally imperative,
and not specifically mentioned herein. This code of ethics shall be binding on
all perfusionists in Arkansas.
A.
CANON 1
1. Perfusionists must uphold the
dignity and honor of the profession, accept its disciplines and expose without
hesitation illegal, unethical and incompetent conduct.
2. INTERPRETIVE STATEMENTS
(a) Perfusionists are part of a collaborative
effort to deliver proper health care to the patient under the perfusionist
care.
(b) The perfusionist has a
personal, as well as a professional, obligation to protect and safeguard the
patients from illegal and unethical actions or the incompetence of any
person.
(c) The perfusionist must
maintain personal integrity and establish the appropriate means to fully
protect his freedom of conscience for the delivery of services to the
patient.
(d) A perfusionist who
demonstrates incompetence or illegal conduct as it pertains to the Code of
Ethics shall be exposed to the proper authorities.
B. CANON 2
1. Perfusionists shall respect the patients'
rights and dignity and shall uphold the doctrine of confidentiality regarding
privileged patient information.
2.
INTERPRETIVE STATEMENTS
(a) Information about
the patient's clinical situation will be kept confidential, unless otherwise
required by law, in order to protect the welfare of an individual or community.
Written guidelines or protocols of an institution or department may be
instrumental in deciding the manner in which confidential information is
handled for release.
C. CANON 3
1. Perfusionists shall provide only those
services for which they are qualified. Perfusionists shall not misrepresent in
any manner, either directly or indirectly, their skills, training, professional
credentials, identity or services.
2. INTERPRETIVE STATEMENTS
(a) Perfusionists will accept responsibility
for the exercise of sound judgement in the delivery of services to the patient
and shall be accountable for the quality of the service provided.
(b) Perfusionists will provide accurate
information about the profession, and services they provide, as well as the
perfusionists' own qualifications.
(c) The perfusionists shall not engage in
practices beyond their competence or training.
(d) Perfusionists shall not delegate to a
less qualified person any activity which requires the unique skill, knowledge
and judgement of a formally educated perfusionist. Services rendered by
supportive personnel will be under the supervision of a formally educated
perfusionist.
D. CANON 4
1. Perfusionists shall strive to improve
their medical knowledge and skills on a continuing basis.
2. INTERPRETIVE STATEMENTS
(a) Perfusionists shall support quality
didactic and clinical education.
(b) Professional conduct will be maintained
toward perfusionists peers, students, medical staff and patients.
(c) Perfusionists shall participate in
educational activities, either by individual study or through continuing
education, which will enhance their basic knowledge in order to continue to
provide quality health care to the patient.
E. CANON 5
1. Perfusionists shall maintain and promote
high standards for perfusion practice which may include education, research and
scientific presentations or publications.
F. CANON 6
1. A perfusionist shall at all times hold the
well-being of the patient to be paramount and shall not act in such a way as to
bring the member's interests into conflict with the patient's interests. A
perfusionist shall deliver health care services without regard to race, color,
creed, national origin, sex, age, religion, sexual preference or physical or
mental condition.
2. INTERPRETIVE
STATEMENTS
(a) A perfusionist professional
practice and adherence to ethical principles shall take preference over
business practices.
(b)
Perfusionists shall place service before material gain.
(c) A perfusionist shall fully disclose to
clientele other business practices that may appear as conflict of interest to
clientele and/or public. These may include but are not limited to:
(i) Consultant for fee.
(ii) Clinical instructor (support staff for
industry).
(iii) Sales
representative.
(iv) Technical
advisor.
(v) Lecture for
fee.
(vi) Acceptance of fees,
gratuities, funding from industry.
3. In that the ultimate concern is to improve
patient care, it is our position that clinicians engaged in the practice of
cardiopulmonary bypass are required to and must be allowed to periodically
evaluate the equipment which is utilized in cardiopulmonary bypass in the
effort of continuously improving patient care which should include not only
patient outcomes but safety as well.
4. To this end, the State Board of Health
holds that each perfusionist has the following ethical and professional
responsibilities:
(a) The perfusionist being
the most qualified individual, by training, education, experience, and job
description has the responsibility to evaluate, recommend, select, and
implement the components of the extra-corporeal circuit so that patient safety
and care are optimized.
(b) The
perfusionist will always attempt to fairly evaluate all competing products and
services, with the principal selection criteria being that of regard for
patient safety and well-being.
(c)
The perfusionist shall always base any decision on product and service
selection on clinical evaluations and documented clinical and scientific
data.
5. In conclusion,
it is the responsibility of the perfusionist to make decisions regarding the
selection of clinical products with the patient as the primary
concern.