Current through Register 1531, September 27, 2024
(1)
Exception for Services
Provided Pursuant to Another Professional License. Nothing in
267 CMR
3.01 shall be construed to prohibit, prevent
or otherwise restrict any person who is duly licensed or registered by any
agency of the Commonwealth of Massachusetts to practice a particular profession
or occupation from engaging in any activity which is within the lawful scope of
practice for that profession or occupation if:
(a) He or she does not represent to the
public in any manner, either directly or indirectly, that he or she is licensed
to practice as a perfusionist pursuant to
267 CMR 3.00; and
(b) He or she does not use any name, title,
or designation of any kind which indicates, either directly or indirectly, that
he or she is licensed to practice as a perfusionist pursuant to
267 CMR 3.00.
(2)
Exception for
Certain Limited Services Performed by Unlicensed Personnel.
(a) Notwithstanding any provision of
267 CMR
3.01, an individual who is not duly licensed
or registered by any agency of the Commonwealth of Massachusetts to practice a
particular profession or occupation may nevertheless perform any of the
following functions or services, as long as he or she does so pursuant to a
delegation of medical services by a physician duly licensed to practice
medicine in the Commonwealth of Massachusetts, and as long as he or she does so
in accordance with the requirements of 267 CMR 3.02(2)(b):
1. Use or performance of autotransfusion in
accordance with the requirements of 267 CMR 3.02(6);
2. Use or performance of blood conservation
techniques;
3. Use or performance
of physiologic monitoring;
4.
Performance of anticoagulation monitoring;
5. Performance of blood gas and blood
chemistry monitoring and/or analysis; or
6. Performance of hematologic monitoring
and/or analysis.
(b) An
unlicensed individual may perform any of the functions or services specified in
267 CMR 3.02(2)(a) pursuant to a delegation of medical services by a duly
licensed physician only if:
1. He or she is
performing that function or service pursuant to a delegation of medical
services by a physician duly licensed by the Massachusetts Board of
Registration in Medicine to practice medicine in the Commonwealth of
Massachusetts;
2. The licensed
physician who delegates the performance of that function or service to the
unlicensed individual in question does so in accordance with the regulations of
the Massachusetts Board of Registration in Medicine (243 CMR).
3. The licensed physician who delegates the
performance of that function or service to the unlicensed individual in
question has determined, in the reasonable exercise of sound professional
judgment, that the unlicensed individual in question possesses sufficient skill
and training to be able to perform that function or service in accordance with
accepted standards of medical practice;
4. The unlicensed individual performs the
function or service in question in accordance with accepted standards of
medical practice and under the direct, personal, on-site supervision of the
licensed physician making that delegation of medical services;
5. The unlicensed individual performing the
function or service does not represent to the public in any manner, either
directly or indirectly, that he or she is licensed to practice as a
perfusionist pursuant to
267 CMR 3.00; and
6. The unlicensed individual performing the
function or service does not use any name, title, or designation of any kind
which indicates, either directly or indirectly, that he or she is licensed to
practice as a perfusionist pursuant to
267 CMR 3.00.
(3)
Exception for Federal Government Employees. A person
who is employed as a perfusionist by the United States Government, or by any
agency thereof, shall not be required to obtain a license to practice perfusion
from the Board as long as he or she performs or provides all such perfusion
services solely under the direction and control of the federal governmental
agency by whom he or she is employed.
(4)
Temporary Practice
Exception. A person who is certified by the American Board of
Cardiovascular Perfusion and who wishes to perform perfusion services within
the Commonwealth of Massachusetts on a temporary basis may do so without
obtaining a license to practice perfusion from the Board, as long as:
(a) He or she provides all such perfusion
services in association with a perfusionist who holds a full license issued by
the Board pursuant to
267 CMR
3.04 or
3.05,
and who shall be responsible for all acts and omissions of that temporary
practitioner; and
(b) He or she
provides such perfusion services for not more than 14 days in any calendar
year.
(5)
Student Practice Exception. A student who is enrolled
in a perfusion education program may perform perfusion services within the
Commonwealth of Massachusetts without having first obtained a license to
practice perfusion from the Board, as long as:
(a) He or she is enrolled in a perfusion
education program which meets the educational standards established by the
Accreditation Committee for Perfusion Education and which has been approved by
the Commission on Accreditation of Allied Health Education Programs, or which
has otherwise been approved by the Board;
(b) He or she is performing all such
perfusion services as an integral part of his or her course of study in that
perfusion education program;
(c) He
or she performs all such perfusion services under the direct supervision of a
perfusionist who has been duly licensed by the Board pursuant to
267 CMR
3.04 or
3.05;
(d) The licensed perfusionist who is
providing supervision to the student pursuant to
267 CMR 3.01(2)(c)
has been specifically assigned to provide
such supervision to that student, and is on duty and immediately available in
the same room in which the student is performing or providing the perfusion
services; and
(e) The student is
designated and identified by a title which clearly indicates his or her status
as a student or trainee.
(6)
Exception for Persons
Performing Autotransfusion Services. A person who is performing
autotransfusion services, as defined in the clinical practice guidelines of the
American Association of Blood Banks, may do so within the Commonwealth of
Massachusetts without obtaining a license to practice as a perfusionist from
the Board, as long as:
(a) He or she
possesses an appropriate level of training in the performance of
autotransfusion services, as determined by the clinical practice guidelines of
the American Association of Blood Banks;
(b) He or she performs all such
autotransfusion services in accordance with the clinical practice guidelines of
the American Association of Blood Banks; and
(c) He or she performs all such
autotransfusion services under the direct supervision of a physician duly
licensed by the Massachusetts Board of Registration in Medicine.
