| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to protection for physician assistants who refuse to |
|
|
engage in certain conduct. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter E, Chapter 204, Occupations Code, is |
|
|
amended by adding Section 204.210 to read as follows: |
|
|
Sec. 204.210. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN |
|
|
CONDUCT. (a) A person may not suspend, terminate, or otherwise |
|
|
discipline, discriminate against, or retaliate against: |
|
|
(1) a physician assistant who refuses to engage in an |
|
|
act or omission as provided by Subsection (b); or |
|
|
(2) a person who advises a physician assistant of the |
|
|
physician assistant's rights under this section. |
|
|
(b) A physician assistant may refuse to engage in an act or |
|
|
omission relating to patient care that would constitute grounds for |
|
|
reporting the physician assistant to the physician assistant board |
|
|
under Section 204.208 or that violates this chapter or a rule |
|
|
adopted under this chapter if the physician assistant notifies the |
|
|
person at the time of the refusal that the reason for refusing is |
|
|
that the act or omission: |
|
|
(1) constitutes grounds for reporting the physician |
|
|
assistant to the physician assistant board; or |
|
|
(2) is a violation of this chapter or a rule adopted |
|
|
under this chapter. |
|
|
(c) An act by a person under Subsection (a) does not |
|
|
constitute a violation of this section if a medical peer review |
|
|
committee determines: |
|
|
(1) that the act or omission the physician assistant |
|
|
refused to engage in was not: |
|
|
(A) conduct reportable to the physician |
|
|
assistant board under Section 204.208; or |
|
|
(B) a violation of this chapter or a rule adopted |
|
|
under this chapter; or |
|
|
(2) that: |
|
|
(A) the act or omission in which the physician |
|
|
assistant refused to engage was conduct reportable to the physician |
|
|
assistant board or a violation of this chapter or a rule adopted |
|
|
under this chapter; and |
|
|
(B) the person: |
|
|
(i) rescinds any disciplinary or |
|
|
discriminatory action taken against the physician assistant; |
|
|
(ii) compensates the physician assistant |
|
|
for any lost wages; and |
|
|
(iii) restores to the physician assistant |
|
|
any lost benefits. |
|
|
(d) A physician assistant's rights under this section may |
|
|
not be nullified by a contract. |
|
|
(e) An appropriate licensing agency may take action against |
|
|
a person who violates this section. |
|
|
SECTION 2. Section 204.210, Occupations Code, as added by |
|
|
this Act, applies only to an act or omission that occurs on or after |
|
|
the effective date of this Act. An act or omission that occurs |
|
|
before the effective date of this Act is covered by the law in |
|
|
effect on the date the act or omission occurred, and the former law |
|
|
is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2017. |