Texas 2021 - 87th Regular

Texas House Bill HB4352 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R8740 ANG-F
2	2	By: Beckley H.B. No. 4352
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the scope of practice of physician assistants.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 204.202(a), (b), and (c), Occupations
10	10	Code, are amended to read as follows:
11	11	(a) The practice of a physician assistant includes
12	12	providing medical and surgical services delegated by a
13	13	collaborating [supervising] physician that are within the skills
14	14	[education, training, and experience] of the physician assistant, a
15	15	component of the physician assistant's scope of practice, and
16	16	provided through collaboration with a physician.
17	17	(b) Medical and surgical services provided by a physician
18	18	assistant may include:
19	19	(1) obtaining patient histories and performing
20	20	physical examinations;
21	21	(2) evaluating, diagnosing, managing, and providing
22	22	medical treatment;
23	23	(3) ordering, [or] performing, and interpreting
24	24	diagnostic studies and therapeutic procedures;
25	25	[(3) formulating a working diagnosis;]
26	26	(4) educating patients on health promotion and disease
27	27	prevention [developing and implementing a treatment plan];
28	28	(5) providing consultation on request [monitoring the
29	29	effectiveness of therapeutic interventions]; and
30	30	(6) writing medical orders [assisting at surgery;
31	31	[(7) offering counseling and education to meet patient
32	32	needs;
33	33	[(8) requesting, receiving, and signing for the
34	34	receipt of pharmaceutical sample prescription medications and
35	35	distributing the samples to patients in a specific practice setting
36	36	in which the physician assistant is authorized to prescribe
37	37	pharmaceutical medications and sign prescription drug orders as
38	38	provided by Section 157.0512 or 157.054;
39	39	[(9) prescribing or ordering a drug or device as
40	40	provided by Subchapter B, Chapter 157; and
41	41	[(10) making appropriate referrals].
42	42	(c) The activities listed by Subsection (b) may be performed
43	43	in a health care facility or other location [any place authorized by
44	44	a supervising physician], including a clinic, hospital, ambulatory
45	45	surgical center, patient home, nursing home, or other institutional
46	46	setting.
47	47	SECTION 2. Section 204.204, Occupations Code, is amended to
48	48	read as follows:
49	49	Sec. 204.204. COLLABORATION [SUPERVISION] REQUIREMENTS.
50	50	(a) A physician assistant shall collaborate with [be supervised
51	51	by] a collaborating [supervising] physician. A physician assistant
52	52	may have more than one collaborating [supervising] physician. The
53	53	collaborating [supervising] physician oversees the [activities of,
54	54	and accepts responsibility for,] medical services provided by the
55	55	physician assistant.
56	56	(b) Collaboration with [Supervision of] a physician
57	57	assistant by a collaborating [supervising] physician must be
58	58	continuous. The collaboration [supervision] does not require the
59	59	constant physical presence of the collaborating [supervising]
60	60	physician where physician assistant services are being performed,
61	61	but, if a collaborating [supervising] physician is not present, the
62	62	collaborating [supervising] physician and the physician assistant
63	63	must be, or must be able to easily be, in contact with one another by
64	64	radio, telephone, or another telecommunication device.
65	65	(c) The number of physician assistants a physician may
66	66	collaborate with [supervise] in a practice setting may not be less
67	67	than the number of physician assistants to whom a physician may
68	68	delegate the authority to prescribe or order a drug or device in
69	69	that practice setting under Subchapter B, Chapter 157.
70	70	SECTION 3. Sections 204.2045(a) and (c), Occupations Code,
71	71	are amended to read as follows:
72	72	(a) The collaboration [supervision] and delegation
73	73	requirements of this chapter and Subtitle B do not apply to medical
74	74	tasks performed by a physician assistant:
75	75	(1) during a disaster under the state emergency
76	76	management plan adopted under Section 418.042, Government Code;
77	77	(2) during a disaster declared by the governor or
78	78	United States government; or
79	79	(3) as a volunteer for a charitable organization or at
80	80	a public or private event, including a religious event, sporting
81	81	event, community event, or health fair.
82	82	(c) A physician assistant may perform tasks described by
83	83	this section:
84	84	(1) by collaborating with [under the supervision of]
85	85	any physician who is also performing volunteer work in the
86	86	disaster, for the charitable organization, or at the public or
87	87	private event; or
88	88	(2) without collaborating with [the supervision of] a
89	89	physician, if a physician is not available to provide supervision.
90	90	SECTION 4. Section 204.205, Occupations Code, is amended to
91	91	read as follows:
92	92	Sec. 204.205. REQUIREMENTS FOR COLLABORATING [SUPERVISING]
93	93	PHYSICIAN. A collaborating [supervising] physician must have a
94	94	practice agreement with the physician assistant with whom the
95	95	physician will collaborate regarding the scope of practice of the
96	96	physician assistant that is based on the physician assistant's
97	97	practice level and taking into consideration the physician
98	98	assistant's education, training, and experience[:
99	99	[(1) hold an unrestricted and active license as a
100	100	physician in this state;
101	101	[(2) notify the medical board of the physician's
102	102	intent to supervise a physician assistant;
103	103	[(3) submit to the medical board a statement that the
104	104	physician will:
105	105	[(A) supervise the physician assistant according
106	106	to medical board rule; and
107	107	[(B) retain professional and legal
108	108	responsibility for the care provided by the physician assistant;
109	109	and
110	110	[(4) receive approval from the medical board to
111	111	supervise the physician assistant].
112	112	SECTION 5. Section 204.206, Occupations Code, is amended to
113	113	read as follows:
114	114	Sec. 204.206. ESTABLISHMENT OF CERTAIN FUNCTIONS AND
115	115	STANDARDS. Each physician assistant and the physician assistant's
116	116	collaborating [supervising] physician shall ensure that:
117	117	(1) the physician assistant's scope of function is
118	118	identified;
119	119	(2) delegation of medical tasks is appropriate to the
120	120	physician assistant's level of education, training, and experience
121	121	[competence];
122	122	(3) the relationship between the physician assistant
123	123	and the collaborating [supervising] physician and the access of the
124	124	physician assistant to the supervising physician are defined; and
125	125	(4) a process is established for evaluating the
126	126	physician assistant's performance.
127	127	SECTION 6. Section 204.207, Occupations Code, is amended to
128	128	read as follows:
129	129	Sec. 204.207. ASSUMPTION OF PROFESSIONAL LIABILITY. A
130	130	physician assistant shall be legally responsible for the care
131	131	provided by the physician assistant [(a) Each supervising physician
132	132	retains legal responsibility for a physician assistant's patient
133	133	care activities, including the provision of care and treatment to a
134	134	patient in a health care facility].
135	135	[(b) If a physician assistant is employed by an entity,
136	136	including a health care facility, the entity shares the legal
137	137	responsibility for the physician assistant's acts or omissions with
138	138	the physician assistant's supervising physician.]
139	139	SECTION 7. This Act takes effect September 1, 2021.