BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1577

79R6914 JMM-D                                                                                                  By: Nixon (Janek)

                                                                                                                                       State Affairs

                                                                                                                                            5/11/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Current Texas law authorizes a physician assistant to provide medical services delegated by a supervising physician that are within the education, training, and experience of the physician assistant.  In the event of a major disaster, the demand for voluntary medical care increases.  However, state law creates a barrier to fully utilizing the skills of licensed physician assistants in such situations.

 

H.B. 1577 authorizes physician assistants to provide medical assistance during times of disaster.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Subchapter E, Chapter 204, Occupations Code, by adding Section 204.2045, as follows:

 

Sec. 204.2045.  SERVICES PERFORMED DURING DISASTER.  (a)  Provides that the supervision and delegation requirements of this chapter and Subtitle B do not apply to medical tasks performed by a physician assistant during a disaster under the state emergency management plan adopted under Section 418.042 (State Emergency Management Plan), Government Code, or a disaster declared by the governor or the United States government.  Provides that this section does not apply to medical tasks performed by a physician assistant for compensation or other remuneration.

 

(b)  Provides that a physician assistant performing medical tasks under this section is entitled to the immunity from liability provided by Section 74.151 (Liability for Emergency Care), Civil Practice and Remedies Code.

 

(c)  Authorizes a physician assistant to perform tasks described by this section with certain stipulations.

 

(d)  Authorizes a physician assistant employed by the United States government or licensed in another state to perform medical tasks in this state in circumstances described by Subsection (a) without holding a license in this state.

 

SECTION 2.  Effective date: upon passage or September 1, 2005.