79R6914 JMM-D


By:  Nixon, Homer, Frost, Farabee                                 H.B. No. 1577



A BILL TO BE ENTITLED

AN ACT

relating to the provision of health care services by a physician 
assistant during a disaster.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 204, Occupations Code, is 
amended by adding Section 204.2045 to read as follows:
	Sec. 204.2045.  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 during a disaster under the state emergency management 
plan adopted under Section 418.042, Government Code, or a disaster 
declared by the governor or United States government.  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 is entitled to the immunity from liability provided by 
Section 74.151, 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; 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.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.