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Article 134, Licensed Perfusionists

Disclaimer: Sections from the Education Law, Rules of the Board of Regents or Regulations of the Commissioner of Education are presented below for general informational purposes as a public service. Although reasonable efforts have been made to ensure that these sections are current, complete, and accurate, the State Education Department does not warrant or represent that this information is current, complete, and accurate. The statutes, rules, and regulations are subject to change on a regular basis. Readers are advised to consult McKinney's Consolidated Laws of New York (West Publishing Corporation) and Title 8 of the Unofficial Version New York Codes, Rules and Regulations - Title 8 (8 NYCRR), published by the Department of State, and the State Register for the official exposition of the text of these statutes, rules and regulations, as well as for amendments and any subsequent changes or revisions thereto.

As used in this article:

  1. The term "perfusionist" means a person who is licensed to practice perfusion pursuant to this article.
     
  2. The term "registered program" means a program for the education of perfusionists which has been registered by the department or determined by the department to be the substantial equivalent.
     
  3. The term "perfusion" means the provision of extracorporeal or intracorporeal patient care services to support or replace the circulatory or respiratory function of a patient, including the administration of pharmacological and therapeutic agents, and blood products, and the management, treatment and monitoring of the physiological status of a patient during the operation of extracorporeal circulation equipment or intracorporeal equipment that replaces or support circulatory or respiratory functions.

    All perfusion services shall be pursuant to the order and direction of a physician. Perfusion services may be performed in a general hospital licensed pursuant to article twenty-eight of the public health law or during the transport of patients or organs supported by extracorporeal or intracorporeal equipment.
     
  4. The term "committee" means the state committee for perfusion created by section sixty-six hundred thirty-four of this article.

*NB Effective October 21, 2016

Only a person licensed or exempt under this article shall practice perfusion. Only persons licensed as perfusionists may use the title "licensed perfusionist".

*NB Effective October 21, 2016

To qualify for licensure as a "licensed perfusionist", an applicant shall fulfill the following requirements:

  1. Application: file an application with the department;
     
  2. Education:
     
    1. has successfully completed a baccalaureate or higher degree in perfusion registered by the department, or the substantial equivalent as determined by the department; or
    2. has completed a baccalaureate or higher degree and a credit bearing certificate program in perfusion acceptable to the department; or
    3. until two years from the effective date of this article, has completed a baccalaureate or higher degree and an accredited training program in perfusion acceptable to the department pursuant to regulations.
  3. examination: has obtained a passing score on an examination acceptable to the department;
     
  4. age: at the time of application is at least twenty-one years of age;
     
  5. character: be of good moral character as determined by the department;
     
  6. Fee: pay a fee determined by the department for an initial license and for each triennial registration period.

*NB Effective October 21, 2016

An individual who meets the requirements for a license as a licensed perfusionist except for examination, experience and education and who meets the requirements enumerated under subdivisions one or two of this section may be licensed without meeting additional requirements provided that such individual submits an application to the department within two years of the effective date of this section:

  1. Applicants may be licensed if they have been practicing as a perfusionist for five years in the past ten years in an inpatient unit that provides cardiac surgery services in a hospital approved by the department of health or a substantially equivalent accrediting body acceptable to the committee and the department at least three of such years of experience having occurred during the past five years;
     
  2. Applicants who possess certification from a national certification organization acceptable to the committee and the department may be licensed if they have been employed as a perfusionist for three of the past five years.

*NB Effective October 21, 2016

  1. A state committee for perfusion shall be appointed by the board of regents upon the recommendation of the commissioner as a committee of the board for medicine to advise solely in matters relating to perfusion and shall assist on matters of licensure and professional conduct.
     
  2. The committee shall consist of no fewer than eight individuals, to be composed of a minimum of the following:
     
    1. four licensed perfusionists;
    2. two licensed physicians and
    3. two representatives of the public at large.

*NB Effective October 21, 2016

  1. Eligibility. A person who fulfills all requirements for licensure as a perfusionist except that relating to the examination shall be eligible for a limited permit.
     
  2. Limit of practice. A permittee shall be authorized to practice as a perfusionist only under the supervision of a licensed perfusionist and pursuant to the order and direction of a physician.
     
  3. Duration. A limited permit shall expire one year from the date of issuance. A limited permit may be extended for one additional year for good cause as determined by the department.
     
  4. Fees. The fee for each limited permit shall be one hundred five dollars.

*NB Effective October 21, 2016

This article shall not prohibit:

  1. The practice of perfusion by any student who is engaged in clinical training in a general hospital licensed pursuant to article twenty-eight of the public health law or during the transport of patients or organs supported by extracorporeal or intracorporeal equipment and who is enrolled in a perfusion program approved by the department, provided such practice is limited to such clinical training which shall be carried out under the direct supervision of a licensed perfusionist and pursuant to the order and direction of a physician; or
     
  2. The performance of any of the tasks or responsibilities included in the definition of perfusion by any other person licensed under this title, provided that such tasks or responsibilities are authorized by the article governing the profession pursuant to which said person is licensed; or
     
  3. The practice of perfusion by any legally qualified perfusionist of any other state or territory who is serving in the armed forces or the public health service of the United States or who is employed by the veterans administration, while engaged in the performance of his or her duties.

*NB Effective October 21, 2016