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