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The 191st General Court of the Commonwealth of Massachusetts

Section 216: Authorized activities for nonlicensed perfusionists

Section 216. No person shall hold himself out as a perfusionist or as being able to practice perfusion services in the commonwealth unless he is licensed in accordance with sections 213 to 219, inclusive. No person who is not so licensed may use the letters LP or PLP or any other words or abbreviations indicating he is a licensed perfusionist or provisionally licensed perfusionist.

Nothing in this section shall be construed to prevent or restrict the practice, service or activities of:

(a) any person licensed in the commonwealth by any other statute from engaging in activities within the scope of practice of the profession or occupation for which he is licensed provided that he does not represent to the public, directly or indirectly, that he is licensed under sections 213 to 219, inclusive, and that he does not use any name, title or designation indicating that the person is licensed under said sections 213 to 219, inclusive;

(b) any person employed as a perfusionist by the federal government or an agency thereof if such person provides perfusion services solely under the direction and control of the organization by which he is employed;

(c) a student enrolled in an accredited perfusion education program if perfusion services performed by the student are an integral part of the student's course of study and are performed under the direct supervision of a licensed perfusionist assigned to supervise the student and who is on duty and immediately available in the assigned patient care area and if the person is designated by a title which clearly indicates his status as a student or trainee;

(d) any person performing perfusion services in the commonwealth and who is certified by the American Board of Cardiovascular Perfusion if the activities are performed for not more than 14 days per calendar year in association with a perfusionist licensed under this section; or

(e) any person performing autotransfusion who possesses appropriate training and practices within the American Association of Blood Banks' guidelines under the supervision of a licensed physician.

Any person acting or purporting to act as a licensed perfusionist without first obtaining a license to practice under this chapter shall be punished by a fine of not more than $5,000 or by imprisonment in the house of correction for not more than one year, or by both such fine and imprisonment. A second or subsequent conviction shall be punished by a fine of not more than $10,000 or by two years imprisonment in the house of correction, or by both such fine and imprisonment.

Any person who receives money or the equivalent thereof as a fee, commission, compensation or profit by unlicensed practice shall, in addition to any other penalty, be liable for a fine of not less than the sum of money so received and not more than three times the sum so received as may be determined by the board.