(a) Supervision.   (1) To meet licensure and license renewal requirements, 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 and need not be on site.   (3) The supervising licensed perfusionist must sign the application for a provisional license and the application for renewal of the provisional license. (b) Termination. The supervising licensed perfusionist must submit written notification of termination of supervision to the department and the supervisee within 14 days of when supervision has ceased. The provisional licensed perfusionst shall make a good faith effort to ensure that the supervising licensed perfusionist submits an appropriate notification. (c) Changes. Any change in the supervision shall be submitted in writing to the Executive Secretary. The signature of the supervising licensed perfusionist shall be included in the written notice. (d) Required supervisor. A provisional licensed perfusionist must have a supervising licensed perfusionist at all times whether or not the provisional licensed perfusionist is actively employed. (e) Time limits. A provisional license is valid for one year from the date it is issued and may be renewed annually for not more than three times by the procedures set out at §140.12 of this title (relating to License Renewal). (f) Variance. An applicant or provisional licensee may request the department to approve that supervision and direction be performed by a licensed physician in lieu of a licensed perfusionist.   (1) The request for a variance must be in writing and must include the following:     (A) the individual's name and address;     (B) the reason(s) why a licensed perfusionist is not reasonably available to provide supervision and direction; and     (C) the name, address, and copies of the credentials for verification that the physician is licensed by the Texas State Board of Medical Examiners 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.   (2) The applicant will be notified of approval or denial of the request in writing.

Source Note: The provisions of this §140.9 adopted to be effective April 18, 1995, 20 TexReg 2527; amended to be effective December 11, 1995, 20 TexReg 9850; amended to be effective June 10, 2001, 26 TexReg 3932; transferred effective September 1, 2005, as published in the Texas Register August 26, 2005, 30 TexReg 5007; amended to be effective June 29, 2006, 31 TexReg 5126