By J. Lyn Carl, GalleryWatch.com
Austin, TX –
Legislation to allow physicians' assistants (PA's) to render aid in the event of local, state or national disasters without fear of liability (HB 2242) was filed today by Rep. Suzanna Gratia Hupp (R-Lampasas).
Flanked by a half dozen PA's who are members of the Army National Guard and who will deployed Friday to Afghanistan to become part of the United States' "Operation Enduring Freedom," Hupp noted that national and world events have demonstrated that in the event of disaster, a "rapid, coordinated response" from every available health profession is essential.
However, she noted, current Texas law prohibits PA's from acting "freely" in providing emergency care. Gov. Rick Perry has announced the formation of the "Texas Medical Rangers," a component of the Texas National Guard medical group that includes PA's, said Hupp, and while those PA's can perform medical help abroad, they are limited by Texas statute from providing that same assistance in the state if needed.
She said she found it strange that "the Commander in Chief has faith in their abilities abroad, but the state of Texas does not."
"This is something Texas needs to do," said co-author Rep. Sid Miller (R-Stephenville). "It's common sense. It's the right thing to do."
Hupp said as a licensed chiropractor, Texas' Good Samaritan law covers her liability if she drives by an accident and stops and renders aid. "These folks (PA's) who have far greater emergency skills than I do - they're not covered." She called that "absurd," and said because of the law, PA's are "almost afraid to stop and render aid for fear of liability."
Texas Army National Guard Major John Drobnica introduced several other members of the Guard who will be deployed to Afghanistan, all rural health, emergency room or primary care PA's.
He said in Texas, PA's are limited by law to site-based practice at a certain physical address and that is the only place they can practice their skill. He said the 3,500 PA's in Texas should have "an equal opportunity to use their training and skill to stop and render aid whenever an emergency occurs," and not just in major disasters.
Steve Salyer, member of a grassroots political action committee representing PA's, said that when the Columbia space shuttle broke up over East Texas in 2003, a Texas National Guard civil support team, including PA's, was one of the first teams on the scene, prepared to protect anyone in close proximity to the disaster from the biological, chemical and medical hazards that could have occurred. Had such a disaster occurred in a heavily populated urban area, PA's in that area would not be allowed to offer aid without fear of liability.
The Texas Occupations Code, said Salyer, does not allow PA's to render aid legally in the event of an accident or disaster. "A PA can only practice at their designated practice site," he said. "We don't live in the same world of the 1990's when the PA code was written." Saying Texas must be prepared in the event of disaster or tragedy, Salyer said HB 2242 brings the state "one step closer" to being prepared for a local or national disaster or emergency.
"This is one of those rare bills," said Salyer. "It costs nothing, it does good things for the profession and for the people of Texas."