By: Sheffield (Senate Sponsor - Buckingham) H.B. No. 1978
(In the Senate - Received from the House April 27, 2017;
May 3, 2017, read first time and referred to Committee on Health &
Human Services; May 16, 2017, reported favorably by the following
vote: Yeas 9, Nays 0; May 16, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to physician assistant services performed as volunteer
care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 204.2045, Occupations Code, is amended
to read as follows:
Sec. 204.2045. VOLUNTEER CARE AND SERVICES PERFORMED DURING
DISASTER. (a) The supervision and delegation requirements of this
chapter and Subtitle B do not apply to medical tasks performed by a
physician assistant:
(1) during a disaster under the state emergency
management plan adopted under Section 418.042, Government Code;
(2) during [, or] a disaster declared by the governor
or United States government; or
(3) as a volunteer for a charitable organization or at
a public or private event, including a religious event, sporting
event, community event, or health fair.
(a-1) This section does not apply to medical tasks performed
by a physician assistant for compensation or other remuneration.
(b) A physician assistant performing medical tasks under
this section:
(1) is entitled to the immunity from liability
provided by Section 74.151, Civil Practice and Remedies Code; and
(2) is acting within the scope of the physician
assistant's license for purposes of immunity under Section
84.004(c), Civil Practice and Remedies Code.
(c) A physician assistant may perform tasks described by
this section:
(1) under the supervision of any physician who is also
performing volunteer work in the disaster, for the charitable
organization, or at the public or private event; or
(2) without the supervision of a physician, if a
physician is not available to provide supervision.
(d) A physician assistant employed by the United States
government or licensed in another state may perform medical tasks
in this state in circumstances described by Subsection (a) without
holding a license in this state.
SECTION 2. Section 204.2045, Occupations Code, as amended
by this Act, applies only to services performed on or after the
effective date of this Act. Services performed before that date are
governed by the law in effect on the date the services were
performed, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2017.
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