79R8930 AJA-D

By:  Hupp                                                         H.B. No. 2242



A BILL TO BE ENTITLED

AN ACT

relating to liability of physician assistants who provide certain 
emergency care.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 74.151, Civil Practice and Remedies 
Code, is amended by adding Subsection (a-1) to read as follows:
	(a-1)  A physician assistant licensed under Chapter 204, 
Occupations Code, who in good faith administers emergency care, 
including by using an automated external defibrillator, at a 
location other than a place where the physician assistant is 
authorized by a supervising physician to practice under Section 
204.202, Occupations Code, is not liable in civil damages for an act 
performed during the emergency or the continuation of care 
following the emergency unless the act is wilfully, wantonly, or 
grossly negligent.
	SECTION 2.  The change in law made by this Act applies only 
to the administration of emergency care by a physician assistant on 
or after the effective date of this Act.  The administration of 
emergency care by a physician assistant before the effective date 
of this Act is governed by the law in effect immediately before that 
date, and that law is continued in effect for that purpose.
	SECTION 3.  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.