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AN ACT
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relating to physician assistant services performed as volunteer |
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care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 204.2045, Occupations Code, is amended |
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to read as follows: |
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Sec. 204.2045. VOLUNTEER CARE AND SERVICES PERFORMED DURING |
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DISASTER. (a) The supervision and delegation requirements of this |
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chapter and Subtitle B do not apply to medical tasks performed by a |
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physician assistant: |
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(1) during a disaster under the state emergency |
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management plan adopted under Section 418.042, Government Code; |
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(2) during [, or] a disaster declared by the governor |
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or United States government; or |
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(3) as a volunteer for a charitable organization or at |
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a public or private event, including a religious event, sporting |
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event, community event, or health fair. |
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(a-1) This section does not apply to medical tasks performed |
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by a physician assistant for compensation or other remuneration. |
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(b) A physician assistant performing medical tasks under |
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this section: |
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(1) is entitled to the immunity from liability |
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provided by Section 74.151, Civil Practice and Remedies Code; and |
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(2) is acting within the scope of the physician |
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assistant's license for purposes of immunity under Section |
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84.004(c), Civil Practice and Remedies Code. |
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(c) A physician assistant may perform tasks described by |
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this section: |
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(1) under the supervision of any physician who is also |
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performing volunteer work in the disaster, for the charitable |
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organization, or at the public or private event; or |
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(2) without the supervision of a physician, if a |
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physician is not available to provide supervision. |
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(d) A physician assistant employed by the United States |
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government or licensed in another state may perform medical tasks |
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in this state in circumstances described by Subsection (a)(1) or |
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(2) [Subsection (a)] |
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without holding a license in this state. |
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SECTION 2. Section 204.2045, Occupations Code, as amended |
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by this Act, applies only to services performed on or after the |
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effective date of this Act. Services performed before that date are |
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governed by the law in effect on the date the services were |
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performed, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1978 was passed by the House on April |
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26, 2017, by the following vote: Yeas 147, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1978 on May 24, 2017, by the following vote: Yeas 145, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1978 was passed by the Senate, with |
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amendments, on May 23, 2017, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |