Exceptions to General Licensure Requirement

(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. (MA REG. # 1344, Dated 7-28-17) (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). 3.02: continued 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 auto- transfusion 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. (3.03: Licensure by Grandparenting: Reserved)