reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.202. Scope of Practice

Sec. 204.202.  SCOPE OF PRACTICE.  (a)  The practice of a physician assistant includes providing medical services delegated by a supervising physician that are within the education, training, and experience of the physician assistant.
(b)  Medical services provided by a physician assistant may include:
(1)  obtaining patient histories and performing physical examinations;
(2)  ordering or performing diagnostic and therapeutic procedures;
(3)  formulating a working diagnosis;
(4)  developing and implementing a treatment plan;
(5)  monitoring the effectiveness of therapeutic interventions;
(6)  assisting at surgery;
(7)  offering counseling and education to meet patient needs;
(8)  requesting, receiving, and signing for the receipt of pharmaceutical sample prescription medications and distributing the samples to patients in a specific practice setting in which the physician assistant is authorized to prescribe pharmaceutical medications and sign prescription drug orders as provided by Section 157.0512 or 157.054;
(9)  prescribing or ordering a drug or device as provided by Subchapter B, Chapter 157; and
(10)  making appropriate referrals.
(c)  The activities listed by Subsection (b) may be performed in any place authorized by a supervising physician, including a clinic, hospital, ambulatory surgical center, patient home, nursing home, or other institutional setting.
(d)  A physician assistant's signature attesting to the provision of a service the physician assistant is legally authorized to provide satisfies any documentation requirement for that service established by a state agency.
(e)  A physician assistant is the agent of the physician assistant's supervising physician for any medical services that are delegated by that physician and that:
(1)  are within the physician assistant's scope of practice;  and
(2)  are delineated by protocols, practice guidelines, or practice directives established by the supervising physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 112, Sec. 3, eff. May 11, 2001;  Acts 2001, 77th Leg., ch. 178, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 14.054(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 13, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.203. Identification Requirements

Sec. 204.203.  IDENTIFICATION REQUIREMENTS.  A physician assistant shall:
(1)  keep the physician assistant's license available for inspection at the physician assistant's primary place of business;  and
(2)  when engaged in the physician assistant's professional activities, wear a name tag identifying the license holder as a physician assistant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.204. Supervision Requirements

Sec. 204.204.  SUPERVISION REQUIREMENTS.  (a)  A physician assistant shall be supervised by a supervising physician.  A physician assistant may have more than one supervising physician.  The supervising physician oversees the activities of, and accepts responsibility for, medical services provided by the physician assistant.
(b)  Supervision of a physician assistant by a supervising physician must be continuous.  The supervision does not require the constant physical presence of the supervising physician where physician assistant services are being performed, but, if a supervising physician is not present, the supervising physician and the physician assistant must be, or must be able to easily be, in contact with one another by radio, telephone, or another telecommunication device.
(c)  The number of physician assistants a physician may supervise in a practice setting may not be less than the number of physician assistants to whom a physician may delegate the authority to prescribe or order a drug or device in that practice setting under Subchapter B, Chapter 157.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 418 (S.B. 406), Sec. 14, eff. November 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.2045. Volunteer Care and Services Performed During Disaster

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 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)(1) or (2) without holding a license in this state.
Added by Acts 2005, 79th Leg., Ch. 580 (H.B. 1577), Sec. 1, eff. June 17, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 1053 (H.B. 1978), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.205. Requirements for Supervising Physician

Sec. 204.205.  REQUIREMENTS FOR SUPERVISING PHYSICIAN.  A supervising physician must:
(1)  hold an unrestricted and active license as a physician in this state;
(2)  notify the medical board of the physician's intent to supervise a physician assistant;
(3)  submit to the medical board a statement that the physician will:
(A)  supervise the physician assistant according to medical board rule;  and
(B)  retain professional and legal responsibility for the care provided by the physician assistant;  and
(4)  receive approval from the medical board to supervise the physician assistant.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.206. Establishment of Certain Functions and Standards

Sec. 204.206.  ESTABLISHMENT OF CERTAIN FUNCTIONS AND STANDARDS.  Each physician assistant and the physician assistant's supervising physician shall ensure that:
(1)  the physician assistant's scope of function is identified;
(2)  delegation of medical tasks is appropriate to the physician assistant's level of competence;
(3)  the relationship between the physician assistant and the supervising physician and the access of the physician assistant to the supervising physician are defined;  and
(4)  a process is established for evaluating the physician assistant's performance.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.207. Assumption of Professional Liability

Sec. 204.207.  ASSUMPTION OF PROFESSIONAL LIABILITY.  (a)  Each supervising physician retains legal responsibility for a physician assistant's patient care activities, including the provision of care and treatment to a patient in a health care facility.
(b)  If a physician assistant is employed by an entity, including a health care facility, the entity shares the legal responsibility for the physician assistant's acts or omissions with the physician assistant's supervising physician.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.208. Duty to Report; Medical Peer Review

Sec. 204.208.  DUTY TO REPORT;  MEDICAL PEER REVIEW.  (a)  A medical peer review committee in this state, physician assistant, physician assistant student, or physician lawfully practicing medicine in this state shall report relevant information to the physician assistant board related to the acts of a physician assistant in this state if, in the person's opinion, a physician assistant poses a continuing threat to the public welfare through practice as a physician assistant.  The duty to report under this section may not be nullified through contract.
(b)  Sections 160.002, 160.003, 160.006, 160.007(d), 160.009, 160.013, 160.014, and 160.015 apply to medical peer review relating to the practice of a physician assistant.
(c)  A person, including a health care entity or medical peer review committee, that without malice furnishes records, information, or assistance to the physician assistant board is immune from any civil liability arising from that act.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.055, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.209. Jointly Owned Entities With Physicians

Sec. 204.209.  JOINTLY OWNED ENTITIES WITH PHYSICIANS.  (a)  A physician assistant who jointly owns an entity with a physician shall report annually to the physician assistant board the ownership interest and other information required by physician assistant board rule.
(b)  The physician assistant board shall assess a fee for processing each report required by Subsection (a).
(c)  A report filed under Subsection (a) is public information for purposes of Chapter 552, Government Code.
Added by Acts 2011, 82nd Leg., R.S., Ch. 782 (H.B. 2098), Sec. 5, eff. June 17, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter E. Practice by License Holder › Section 204.210. Protection for Refusal to Engage in Certain Conduct

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.
Added by Acts 2017, 85th Leg., R.S., Ch. 928 (S.B. 1625), Sec. 9, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter F. Complaints and Investigative Information › Section 204.251. Complaint Information and Status

Sec. 204.251.  COMPLAINT INFORMATION AND STATUS.  (a)  The physician assistant board shall keep information on file about each complaint filed with the board.
(b)  If a written complaint is filed with the physician assistant board relating to a person licensed by the board, the board, as often as quarterly and until final determination of the action to be taken on the complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an active investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter F. Complaints and Investigative Information › Section 204.2511. Conduct of Investigation

Sec. 204.2511.  CONDUCT OF INVESTIGATION.  The physician assistant board shall complete a preliminary investigation of a complaint filed with the physician assistant board not later than the 30th day after the date of receiving the complaint.  The physician assistant board shall first determine whether the physician assistant constitutes a continuing threat to the public welfare.  On completion of the preliminary investigation, the physician assistant board shall determine whether to officially proceed on the complaint.  If the physician assistant board fails to complete the preliminary investigation in the time required by this section, the physician assistant board's official investigation of the complaint is considered to commence on that date.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.21, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter F. Complaints and Investigative Information › Section 204.252. License Holder Access to Complaint Information

Sec. 204.252.  LICENSE HOLDER ACCESS TO COMPLAINT INFORMATION.  (a)  The physician assistant board shall provide a license holder who is the subject of a formal complaint filed under this chapter with access to all information in its possession that the board intends to offer into evidence in presenting its case in chief at the contested hearing on the complaint, subject to any other privilege or restriction established by rule, statute, or legal precedent.  The board shall provide the information not later than the 30th day after receipt of a written request from the license holder or the license holder's counsel, unless good cause is shown for delay.
(b)  Notwithstanding Subsection (a), the board is not required to provide:
(1)  board investigative reports;
(2)  investigative memoranda;
(3)  the identity of a nontestifying complainant;
(4)  attorney-client communications;
(5)  attorney work product;  or
(6)  other material covered by a privilege recognized by the Texas Rules of Civil Procedure or the Texas Rules of Evidence.
(c)  The provision of information does not constitute a waiver of privilege or confidentiality under this chapter or other law.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter F. Complaints and Investigative Information › Section 204.253. Health Care Entity Request for Information

Sec. 204.253.  HEALTH CARE ENTITY REQUEST FOR INFORMATION.  On the written request of a health care entity, the physician assistant board shall provide to the entity:
(1)  information about a complaint filed against a license holder that was resolved after investigation by:
(A)  a disciplinary order of the board;  or
(B)  an agreed settlement;  and
(2)  the basis of and current status of any complaint under active investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter F. Complaints and Investigative Information › Section 204.254. Confidentiality of Investigative Information

Sec. 204.254.  CONFIDENTIALITY OF INVESTIGATIVE INFORMATION.  A complaint, adverse report, investigation file, other report, or other investigative information in the possession of or received or gathered by the physician assistant board or a board employee or agent relating to a license holder, a license application, or a criminal investigation or proceeding is privileged and confidential and is not subject to discovery, subpoena, or other means of legal compulsion for release to any person other than the board or a board employee or agent involved in license holder discipline.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter F. Complaints and Investigative Information › Section 204.255. Permitted Disclosure of Investigative Information

Sec. 204.255.  PERMITTED DISCLOSURE OF INVESTIGATIVE INFORMATION.  (a)  Investigative information in the possession of a physician assistant board employee or agent that relates to the discipline of a license holder may be disclosed to:
(1)  a licensing authority in another state or country in which the license holder is licensed or has applied for a license;  or
(2)  a peer review committee reviewing:
(A)  an application for privileges;  or
(B)  the qualifications of the license holder with respect to retaining privileges.
(b)  If investigative information in the possession of the physician assistant board or a board employee or agent indicates that a crime may have been committed, the board shall report the information to the proper law enforcement agency.  The board shall cooperate with and assist each law enforcement agency conducting a criminal investigation of a license holder by providing information relevant to the investigation.  Confidential information disclosed by the board to a law enforcement agency under this subsection remains confidential and may not be disclosed by the law enforcement agency except as necessary to further the investigation.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.301. Disciplinary Authority of Board

Sec. 204.301.  DISCIPLINARY AUTHORITY OF BOARD.  (a)  Except as provided by Section 204.305, on a determination that an applicant or license holder committed an act described in Section 204.302, 204.303, or 204.304, the physician assistant board by order shall take any of the following actions:
(1)  deny the person's application for a license or license renewal or revoke the person's license or other authorization;
(2)  require the person to submit to the care, counseling, or treatment of a health care practitioner designated by the physician assistant board;
(3)  stay enforcement of an order and place the person on probation;
(4)  require the person to complete additional training;
(5)  suspend, limit, or restrict the person's license, including:
(A)  limiting the practice of the person to, or excluding from the practice, one or more specified activities of the practice as a physician assistant; or
(B)  stipulating periodic physician assistant board review;
(6)  assess an administrative penalty against the person under Section 204.351;
(7)  order the person to perform public service; or
(8)  administer a public reprimand.
(b)  If the physician assistant board stays enforcement of an order and places a person on probation, the board retains the right to vacate the probationary stay and enforce the original order for noncompliance with the terms of probation or impose any other remedial measure or sanction authorized by this section.
(c)  The physician assistant board may restore or reissue a license or remove any disciplinary or corrective measure that the board has imposed.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.22, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.3011. Delegation of Certain Complaint Dispositions

Sec. 204.3011.  DELEGATION OF CERTAIN COMPLAINT DISPOSITIONS.  (a)  The physician assistant board may delegate to a committee of medical board employees the authority to dismiss or enter into an agreed settlement of a complaint that does not relate directly to patient care or that involves only administrative violations.  The disposition determined by the committee must be approved by the physician assistant board at a public meeting.
(b)  A complaint delegated under this section shall be referred for informal proceedings under Section 204.312 if:
(1)  the committee of employees determines that the complaint should not be dismissed or settled;
(2)  the committee is unable to reach an agreed settlement; or
(3)  the affected physician assistant requests that the complaint be referred for informal proceedings.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.23, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.302. Conduct Related to Fraud or Misrepresentation

Sec. 204.302.  CONDUCT RELATED TO FRAUD OR MISREPRESENTATION.  The physician assistant board may take action under Section 204.301 against an applicant or license holder who:
(1)  fraudulently or deceptively obtains or attempts to obtain a license;
(2)  fraudulently or deceptively uses a license;
(3)  falsely represents that the person is a physician;
(4)  acts in an unprofessional or dishonorable manner that is likely to deceive, defraud, or injure the public;
(5)  fraudulently alters a physician assistant license, certificate, or diploma;
(6)  uses a physician assistant license, certificate, or diploma that has been fraudulently purchased, issued, or counterfeited or that has been materially altered;
(7)  directly or indirectly aids or abets a person not licensed to practice as a physician assistant in practicing as a physician assistant;  or
(8)  unlawfully advertises in a false, misleading, or deceptive manner, as described by Section 101.201.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.303. Conduct Related to Violation of Law

Sec. 204.303.  CONDUCT RELATED TO VIOLATION OF LAW.  (a)  The physician assistant board may take action under Section 204.301 against an applicant or license holder who:
(1)  violates this chapter or a rule adopted under this chapter;
(2)  is convicted of a felony, placed on deferred adjudication, or placed in a pretrial diversion program;
(3)  violates state law if the violation is connected with practice as a physician assistant;
(4)  fails to keep complete and accurate records of the purchase and disposal of drugs as required by Chapter 483, Health and Safety Code, or any subsequent rules;  or
(5)  writes a false or fictitious prescription for a dangerous drug as defined by Chapter 483, Health and Safety Code.
(b)  A complaint, indictment, or conviction of a law violation is not necessary for the physician assistant board to act under Subsection (a)(3).  Proof of the commission of the act while in practice as a physician assistant or under the guise of practice as a physician assistant is sufficient for action by the physician assistant board.
(c)  A failure to keep the records described under Subsection (a)(4) for a reasonable time is grounds for disciplinary action against a physician assistant.  The physician assistant board or its representative may enter and inspect a physician assistant's place or places of practice during reasonable business hours to:
(1)  verify the correctness of the records;  and
(2)  inventory the drugs on hand.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.304. Conduct Indicating Lack of Fitness

Sec. 204.304.  CONDUCT INDICATING LACK OF FITNESS.  (a)  The physician assistant board may take action under Section 204.301 against an applicant or license holder who:
(1)  habitually uses drugs or intoxicating liquors to the extent that, in the board's opinion, the person cannot safely perform as a physician assistant;
(2)  has been adjudicated as mentally incompetent;
(3)  has a mental or physical condition that renders the person unable to safely perform as a physician assistant;
(4)  has committed an act of moral turpitude;
(5)  has failed to practice as a physician assistant in an acceptable manner consistent with public health and welfare;
(6)  has had the person's license to practice as a physician assistant suspended, revoked, or restricted;
(7)  has had other disciplinary action taken by another state or by the uniformed services of the United States regarding practice as a physician assistant;
(8)  prescribes, dispenses, or administers a drug or treatment that is nontherapeutic in nature or nontherapeutic in the manner the drug or treatment is prescribed, dispensed, or administered;
(9)  is removed or suspended from, or has had disciplinary action taken by the person's peers in, any professional association or society, or is being disciplined by a licensed hospital or medical staff of a hospital, including removal, suspension, limitation of privileges, or other disciplinary action, if the reason for the discipline, in the board's opinion, is unprofessional conduct or professional incompetence likely to harm the public;
(10)  has repeated or recurring meritorious health care liability claims that, in the board's opinion, are evidence of professional incompetence likely to harm the public;  or
(11)  sexually abuses or exploits another person through the license holder's practice as a physician assistant.
(b)  A certified copy of the record of the state or uniformed services of the United States taking an action described by Subsection (a)(7) is conclusive evidence of the action.
(c)  An action described by Subsection (a)(9) does not constitute state action on the part of the association, society, or hospital medical staff.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.3045. Physical or Mental Examination

Sec. 204.3045.  PHYSICAL OR MENTAL EXAMINATION.  (a)  The physician assistant board shall adopt guidelines, in conjunction with persons interested in or affected by this section, to enable the physician assistant board to evaluate circumstances in which a physician assistant or applicant may be required to submit to an examination for mental or physical health conditions, alcohol and substance abuse, or professional behavior problems.
(b)  The physician assistant board shall refer a physician assistant or applicant with a physical or mental health condition to the most appropriate medical specialist for evaluation.  The physician assistant board may not require a physician assistant or applicant to submit to an examination by a physician having a specialty specified by the physician assistant board unless medically indicated.  The physician assistant board may not require a physician assistant or applicant to submit to an examination to be conducted an unreasonable distance from the person's home or place of business unless the physician assistant or applicant resides and works in an area in which there are a limited number of physicians able to perform an appropriate examination.
(c)  The guidelines adopted under this section do not impair or remove the physician assistant board's power to make an independent licensing decision.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.24, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.308. Subpoena

Sec. 204.308.  SUBPOENA.  (a)  The executive director or the secretary-treasurer of the medical board may issue a subpoena or subpoena duces tecum for the physician assistant board to:
(1)  conduct an investigation or a contested proceeding related to:
(A)  alleged misconduct by a physician assistant;
(B)  an alleged violation of this chapter or other law related to practice as a physician assistant;  or
(C)  the provision of health care under this chapter;
(2)  issue, suspend, restrict, or revoke a license under this chapter;  or
(3)  deny or grant an application for a license under this chapter.
(b)  Failure to timely comply with a subpoena issued under this section is a ground for:
(1)  disciplinary action by the physician assistant board or another licensing or regulatory agency with jurisdiction over the person subject to the subpoena;  and
(2)  denial of a license application.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.309. Protection of Patient Identity

Sec. 204.309.  PROTECTION OF PATIENT IDENTITY.  In a disciplinary investigation or proceeding conducted under this chapter, the physician assistant board shall protect the identity of each patient whose medical records are examined and used in a public proceeding unless the patient:
(1)  testifies in the public proceeding;  or
(2)  submits a written release in regard to the patient's records or identity.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.310. Required Suspension of License of Incarcerated Physician Assistant

Sec. 204.310.  REQUIRED SUSPENSION OF LICENSE OF INCARCERATED PHYSICIAN ASSISTANT.  Regardless of the offense, the physician assistant board shall suspend the license of a physician assistant serving a prison term in a state or federal penitentiary during the term of the incarceration.
Added by Acts 2001, 77th Leg., ch. 578, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.311. Temporary Suspension

Sec. 204.311.  TEMPORARY SUSPENSION.  (a)  The presiding officer of the physician assistant board, with board approval, shall appoint a three-member disciplinary panel consisting of board members to determine whether a person's license to practice as a physician assistant should be temporarily suspended.
(b)  If the disciplinary panel determines from the evidence or information presented to the panel that a person licensed to practice as a physician assistant would, by the person's continuation in practice, constitute a continuing threat to the public welfare, the disciplinary panel shall temporarily suspend the license of that person.
(c)  A license may be suspended under this section without notice or hearing on the complaint if:
(1)  institution of proceedings for a hearing before the physician assistant board is initiated simultaneously with the temporary suspension;  and
(2)  a hearing is held under Chapter 2001, Government Code, and this chapter as soon as possible.
(d)  Notwithstanding Chapter 551, Government Code, the disciplinary panel may hold a meeting by telephone conference call if immediate action is required and convening of the panel at one location is inconvenient for any member of the disciplinary panel.
Added by Acts 2001, 77th Leg., ch. 578, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.312. Informal Proceedings

Sec. 204.312.  INFORMAL PROCEEDINGS.  (a)  The physician assistant board by rule shall adopt procedures governing:
(1)  informal disposition of a contested case under Section 2001.056, Government Code; and
(2)  informal proceedings held in compliance with Section 2001.054, Government Code.
(b)  Rules adopted under this section must require that:
(1)  an informal meeting in compliance with Section 2001.054, Government Code, be scheduled not later than the 180th day after the date the complaint is filed with the physician assistant board, unless good cause is shown by the physician assistant board for scheduling the informal meeting after that date;
(2)  the physician assistant board give notice to the license holder of the time and place of the meeting not later than the 30th day before the date the meeting is held;
(3)  the complainant and the license holder be provided an opportunity to be heard;
(4)  at least one of the physician assistant board members participating in the informal meeting as a panelist be a member who represents the public;
(5)  the physician assistant board's legal counsel or a representative of the attorney general be present to advise the physician assistant board or the medical board's staff; and
(6)  a member of the medical board's staff be at the meeting to present to the physician assistant board's representative the facts the staff reasonably believes it could prove by competent evidence or qualified witnesses at a hearing.
(c)  An affected physician assistant is entitled to:
(1)  reply to the staff's presentation; and
(2)  present the facts the physician assistant reasonably believes the physician assistant could prove by competent evidence or qualified witnesses at a hearing.
(d)  After ample time is given for the presentations, the physician assistant board representative shall recommend that the investigation be closed or shall attempt to mediate the disputed matters and make a recommendation regarding the disposition of the case in the absence of a hearing under applicable law concerning contested cases.
(e)  If the license holder has previously been the subject of disciplinary action by the physician assistant board, the physician assistant board shall schedule the informal meeting as soon as practicable but not later than the deadline prescribed by Subsection (b)(1).
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.27, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.313. Physician Assistant Board Representation in Informal Proceedings

Sec. 204.313.  PHYSICIAN ASSISTANT BOARD REPRESENTATION IN INFORMAL PROCEEDINGS.  (a)  In an informal meeting under Section 204.312, at least two panelists shall be appointed to determine whether an informal disposition is appropriate.  At least one of the panelists must be a licensed physician assistant.
(b)  Notwithstanding Subsection (a) and Section 204.312(b)(4), an informal proceeding may be conducted by one panelist if the affected physician assistant waives the requirement that at least two panelists conduct the informal proceeding.  If the physician assistant waives that requirement, the panelist may be any member of the physician assistant board.
(c)  The panel requirements described by Subsections (a) and (b) apply to an informal proceeding conducted by the physician assistant board under Section 204.312, including a proceeding to:
(1)  consider a disciplinary case to determine if a violation has occurred; or
(2)  request modification or termination of an order.
(d)  The panel requirements described by Subsections (a) and (b) do not apply to an informal proceeding conducted by the physician assistant board under Section 204.312 to show compliance with an order of the physician assistant board.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.28, eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 928 (S.B. 1625), Sec. 10, eff. September 1, 2017.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.3145. Limit on Access to Investigation Files

Sec. 204.3145.  LIMIT ON ACCESS TO INVESTIGATION FILES.  The physician assistant board shall prohibit or limit access to an investigation file relating to a license holder in an informal proceeding in the manner provided by Section 164.007(c).
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.29, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.315. Surrender of License

Sec. 204.315.  SURRENDER OF LICENSE.  (a)  The physician assistant board may accept the voluntary surrender of a license.
(b)  A surrendered license may not be returned to the license holder unless the physician assistant board determines, under physician assistant board rules, that the former holder of the license is competent to resume practice.
(c)  The physician assistant board by rule shall establish guidelines for determining the competency of a former license holder to return to practice.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.30, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.316. Refund

Sec. 204.316.  REFUND.  (a)  Subject to Subsection (b), the physician assistant board may order a license holder to pay a refund to a consumer as provided in an agreement resulting from an informal settlement conference instead of or in addition to imposing an administrative penalty under Section 204.351.
(b)  The amount of a refund ordered as provided in an agreement resulting from an informal settlement conference may not exceed the amount the consumer paid to the license holder for a service regulated by this chapter.  The physician assistant board may not require payment of other damages or estimate harm in a refund order.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.31, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.317. Modification of Findings or Rulings by Administrative Law Judge

Sec. 204.317.  MODIFICATION OF FINDINGS OR RULINGS BY ADMINISTRATIVE LAW JUDGE.  The physician assistant board may change a finding of fact or conclusion of law or vacate or modify an order of an administrative law judge only if the physician assistant board makes a determination required by Section 2001.058(e), Government Code.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.32, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter G. Disciplinary Proceedings › Section 204.318. Expert Immunity

Sec. 204.318.  EXPERT IMMUNITY.  An expert who assists the physician assistant board is immune from suit and judgment and may not be subjected to a suit for damages for any investigation, report, recommendation, statement, evaluation, finding, or other action taken without fraud or malice in the course of assisting the board in a disciplinary proceeding.  The attorney general shall represent the expert in any suit resulting from a service provided by the person in good faith to the physician assistant board.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.33, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter H. Penalties and Other Enforcement Provisions › Section 204.351. Administrative Penalty

Sec. 204.351.  ADMINISTRATIVE PENALTY.  (a)  The physician assistant board by order may impose an administrative penalty against a person licensed under this chapter who violates this chapter or a rule or order adopted under this chapter.
(b)  The penalty may be in an amount not to exceed $5,000. Each day a violation continues or occurs is a separate violation for purposes of imposing a penalty.
(c)  The physician assistant board shall base the amount of the penalty on:
(1)  the severity of patient harm;
(2)  the severity of economic harm to any person;
(3)  the severity of any environmental harm;
(4)  increased potential for harm to the public;
(5)  any attempted concealment of misconduct;
(6)  any premeditated or intentional misconduct;
(7)  the motive for the violation;
(8)  prior misconduct of a similar or related nature;
(9)  the license holder's disciplinary history;
(10)  prior written warnings or written admonishments from any government agency or official regarding statutes or regulations relating to the misconduct;
(11)  violation of a board order;
(12)  failure to implement remedial measures to correct or mitigate harm from the misconduct;
(13)  lack of rehabilitative potential or likelihood of future misconduct of a similar nature;
(14)  relevant circumstances increasing the seriousness of the misconduct;  and
(15)  any other matter that justice may require.
(d)  The physician assistant board by rule shall prescribe the procedure by which it may impose an administrative penalty.  A proceeding under this section is subject to Chapter 2001, Government Code.
(e)  If the physician assistant board by order determines that a violation has occurred and imposes an administrative penalty, the board shall give notice to the person of the board's order.  The notice must include a statement of the person's right to judicial review of the order.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter H. Penalties and Other Enforcement Provisions › Section 204.352. Criminal Penalty

Sec. 204.352.  CRIMINAL PENALTY.  (a)  A person commits an offense if, without holding a license issued under this chapter, the person:
(1)  holds the person out as a physician assistant;
(2)  uses any combination or abbreviation of the term "physician assistant" to indicate or imply that the person is a physician assistant;  or
(3)  acts as a physician assistant.
(b)  An offense under this section is a felony of the third degree.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle C - Other Professions Performing Medical Procedures › Chapter 204 - Physician Assistants › Subchapter H. Penalties and Other Enforcement Provisions › Section 204.353. Cease and Desist Order

Sec. 204.353.  CEASE AND DESIST ORDER.  (a)  If it appears to the physician assistant board that a person who is not licensed under this chapter is violating this chapter, a rule adopted under this chapter, or another state statute or rule relating to physician assistant practice, the board after notice and opportunity for a hearing may issue a cease and desist order prohibiting the person from engaging in the activity.
(b)  A violation of an order under this section constitutes grounds for imposing an administrative penalty under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 269 (S.B. 419), Sec. 2.35, eff. September 1, 2005.