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By: Madla S.B. No. 520
(In the Senate - Filed February 15, 2005; February 28, 2005,
read first time and referred to Committee on State Affairs;
April 25, 2005, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 25, 2005,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 520 By: Madla
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.
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