85R3749 JCG-F
 
  By: Sheffield H.B. No. 1978
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to physician assistant services performed as volunteer
  care.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 204.2045, Occupations Code, is amended
  to read as follows:
         Sec. 204.2045.  VOLUNTEER CARE AND 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:
               (1)  during a disaster under the state emergency
  management plan adopted under Section 418.042, Government Code;
               (2)  during [, or] a disaster declared by the governor
  or United States government; or
               (3)  as a volunteer for a charitable organization or at
  a public or private event, including a religious event, sporting
  event, community event, or health fair.
         (a-1)  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:
               (1)  is entitled to the immunity from liability
  provided by Section 74.151, Civil Practice and Remedies Code; and
               (2)  is acting within the scope of the physician
  assistant's license for purposes of immunity under Section
  84.004(c), 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, for the charitable
  organization, or at the public or private event; 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.  Section 204.2045, Occupations Code, as amended
  by this Act, applies only to services performed on or after the
  effective date of this Act. Services performed before that date are
  governed by the law in effect on the date the services were
  performed, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2017.