By: Cortez, Oliverson, Guerra H.B. No. 2143
A BILL TO BE ENTITLED
AN ACT
relating to protection for physician assistants who refuse to
engage in certain conduct.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 204, Occupations Code, is
amended by adding Section 204.210 to read as follows:
Sec. 204.210. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN
CONDUCT. (a) A person may not suspend, terminate, or otherwise
discipline, discriminate against, or retaliate against:
(1) a physician assistant who refuses to engage in an
act or omission as provided by Subsection (b); or
(2) a person who advises a physician assistant of the
physician assistant's rights under this section.
(b) A physician assistant may refuse to engage in an act or
omission relating to patient care that would constitute grounds for
reporting the physician assistant to the physician assistant board
under Section 204.208 or that violates this chapter or a rule
adopted under this chapter if the physician assistant notifies the
person at the time of the refusal that the reason for refusing is
that the act or omission:
(1) constitutes grounds for reporting the physician
assistant to the physician assistant board; or
(2) is a violation of this chapter or a rule adopted
under this chapter.
(c) An act by a person under Subsection (a) does not
constitute a violation of this section if a medical peer review
committee determines:
(1) that the act or omission the physician assistant
refused to engage in was not:
(A) conduct reportable to the physician
assistant board under Section 204.208; or
(B) a violation of this chapter or a rule adopted
under this chapter; or
(2) that:
(A) the act or omission in which the physician
assistant refused to engage was conduct reportable to the physician
assistant board or a violation of this chapter or a rule adopted
under this chapter; and
(B) the person:
(i) rescinds any disciplinary or
discriminatory action taken against the physician assistant;
(ii) compensates the physician assistant
for any lost wages; and
(iii) restores to the physician assistant
any lost benefits.
(d) A physician assistant's rights under this section may
not be nullified by a contract.
(e) An appropriate licensing agency may take action against
a person who violates this section.
SECTION 2. Section 204.210, Occupations Code, as added by
this Act, applies only to an act or omission that occurs on or after
the effective date of this Act. An act or omission that occurs
before the effective date of this Act is covered by the law in
effect on the date the act or omission occurred, and the former law
is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.