This section protects physician assistants from retaliation when they refuse certain patient-care acts or omissions, and it limits contract terms from wiping out those rights.
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. SUBCHAPTER F. COMPLAINTS AND INVESTIGATIVE INFORMATION