(a) The board may issue a provisional license to an applicant who:
  (1) files an application and pays the application fee as specified in Chapter 175 of this title (relating to Fees and Penalties);
  (2) meets all the qualifications for a license under the Act and this chapter, with the exception of passage of the required competency examination described in §188.4 of this chapter (relating to Qualifications for Licensure); and
  (3) practices under the supervision and direction of a licensee while performing perfusion, as described in this section.
(b) Supervision.
  (1) A provisional licensed perfusionist shall be under the supervision and direction of a currently licensed perfusionist who resides in Texas.
  (2) Supervision and direction shall be defined as procedural guidance provided by a licensed perfusionist.
  (3) The supervising licensed perfusionist must sign the application for a provisional license and the application for renewal of the provisional license.
  (4) The supervising licensee must:
    (A) have an unrestricted license in Texas;
    (B) not have an investigation or proceeding pending for the restriction, cancellation, suspension, revocation, or other discipline of the supervisor's license, permit, or authority to practice medicine or perfusion; and
    (C) not have been the subject of a disciplinary order, unless the order was administrative in nature.
  (5) An applicant or provisional licensee may request the board to approve that supervision and direction be performed by a licensed physician in lieu of a licensed perfusionist.
    (A) The request for a variance must be in writing and must include the following:
      (i) the individual's name and address;
      (ii) the reason(s) why a licensed perfusionist is not reasonably available to provide supervision and direction; and
      (iii) the name, address, and copies of the credentials for verification that the physician is licensed by the Texas Medical Board and certified and/or eligible for certification by the American Board of Thoracic Surgeons, Inc., or certified and/or eligible for certification in cardiovascular surgery by the American Osteopathic Board of Surgery.
    (B) The applicant will be notified of approval or denial of the request in writing.
(c) Termination. The supervising licensee must submit written notification of termination of supervision to the board and the supervisee within 14 days of when supervision has ceased. The provisional licensed perfusionist shall make a good faith effort to ensure that the supervising licensee submits an appropriate notification.
(d) Changes. Any change in the supervision shall be submitted in writing to the Executive Director. The signature of the supervising licensee shall be included in the written notice.
(e) Required supervisor. A provisional licensed perfusionist must have a supervising licensed perfusionist or licensed physician at all times whether or not the provisional licensed perfusionist is actively employed.
(f) An applicant shall be determined ineligible for a provisional license if the applicant:
  (1) has had a perfusionist license or certificate suspended or revoked by another state, territory, Canadian province or country;
  (2) holds a perfusionist license or certificate issued by another state, territory, Canadian province or country that is subject to a restriction, disciplinary order, or probationary order; or
  (3) has an unacceptable criminal history.
(g) A provisional license expires on the earlier of:
  (1) the date the board issues the provisional license holder a full Texas perfusionist license or denies the provisional license holder's application for a full license;
  (2) one year after the date the provisional license was issued; or
  (3) upon determination by the Executive Director that the provisional license holder is ineligible for licensure pursuant to the Act or this chapter.
(h) An individual may not renew a provisional license more than five times.

Source Note: The provisions of this §188.7 adopted to be effective July 7, 2016, 41 TexReg 4828