As a physician assistant (PA), being closely familiar with your scope of practice can help you ensure that you are not operating outside the limits of your license. Performing duties that you aren’t licensed to perform could lead to complaints, disciplinary action, license suspension, or even license revocation.
If your license is in jeopardy or if you are facing disciplinary action from the Texas Medical Board (TMB), you’ll need an experienced Texas physician assistant license defense lawyer. At Bertolino LLP, we make it easy to connect with a lawyer who can offer legal advice and defend your medical license. Contact us today to schedule a free case consultation.
What is a Texas Physician Assistant’s Scope of Practice?
The Texas Administrative Code (TAC) defines the scope of practice for physician assistants in Texas. PAs must provide delegated medical services under physician supervision. A PA may perform authorized services in settings approved by the supervising physician, including:
- A hospital
- An ambulatory surgical center
- A nursing home
- And other healthcare settings
In addition, under Texas law, PAs can provide the following medical services:
- Conduct physical exams
- Access patients’ medical histories
- Develop a patient diagnosis
- Create and execute a treatment plan
- Track the effectiveness of a patient’s treatment
- Help a surgeon perform a procedure
- Counsel a patient
- Offer educational resources to a patient
- Provide a patient with a referral
- Order or prescribe a medical device or drug for a patient
Of course, these services must fall within the PA’s scope of practice and be delegated by the supervising physician. The delegated services must also be addressed by protocols, practice guidelines, or practice directives established by the supervising physician.
A physician’s delegation alone does not necessarily authorize a PA to perform a particular service. The service must fall within the PA’s lawful scope of practice and comply with the applicable delegation and supervision requirements.
If you have been accused of acting outside your scope of practice as a physician assistant in Texas, the team at Bertolino LLP can help protect your professional license.
How to Become a Physician Assistant in Texas
Becoming a physician assistant in Texas requires hard work and patience. You must complete several steps just to apply for a license. We recommend that you carefully review the requirements to become a physician assistant in Texas. If you miss one of the required steps, you won’t be able to obtain your physician assistant license.
The Texas Medical Board (TMB) provides the following checklist for becoming a physician assistant:
- Complete an accredited physician assistant educational program: Aspiring PAs must complete an educational program that is accredited by the Accreditation Review Commission on Education for the Physician Assistant (ARC-PA). Students in accredited programs learn everything they need to know to fulfill PA duties correctly and lawfully.
- Pass the Physician Assistant National Certifying Examination (PANCE): The PANCE is a test of medical and surgical knowledge administered by the National Commission on Certification of Physician Assistants. Anyone who wants to become a physician assistant in Texas must pass the PANCE within six attempts.
- Receive National Commission on Certification of Physician Assistants (NCCPA) certification: Once you’ve passed the PANCE, you’ll receive NCCPA certification and the ability to use the PA-C designation. NCCPA certification is maintained through a 10-year cycle that includes continuing medical education requirements every two years and a recertification assessment at the end of the cycle.
- Pass the Texas Medical Jurisprudence Examination: PA applicants must pass the Texas Medical Jurisprudence Examination, which tests knowledge of laws and rules governing medical practice in Texas.
- Avoid disciplinary action in any previous healthcare field: If a PA applicant has worked in healthcare in another capacity and was subject to disciplinary action, they could risk denial of their license. If that’s the case for you, a lawyer can help you file an appeal.
- Demonstrate current clinical practice: Applicants generally must demonstrate current clinical practice as a physician assistant within the three years before applying. TMB recognizes several ways to satisfy this requirement, including qualifying PA practice, enrollment in an approved PA program, or service as active teaching faculty in an approved PA program.
When applying to become a licensed physician assistant in Texas, a license application lawyer from Bertolino LLP can help.
How Can You Maintain Your PA License?
Once you’ve received your PA license, you must do what’s necessary to maintain it. Aside from renewing your license every two years, you’ll also need to take certain measures to maintain it.
Exhibit Good Morals and Act Professionally
A physician assistant must operate with a patient’s best interests in mind. To keep your PA license, you must follow the rules day after day and treat patients with the respect they deserve. Even a single violation of Texas’ scope of practice laws for physician assistants could compromise your license.
Maintain Your Mental and Physical Health
Being a PA can be mentally and physically taxing. To fulfill your duties, you must prioritize your mental and physical well-being. Otherwise, you could face health risks that affect your ability to provide safe, effective patient care.
Can a Physician Assistant Practice in Different States?
Physician assistants who want to practice in another state generally must meet that state’s licensing requirements before providing care there. The PA Licensure Compact creates a streamlined pathway for eligible PAs to practice in participating states through a compact privilege.
PAs can review the compact’s eligibility requirements and FAQs to learn how the process works and which requirements must be met.
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How You Can Defend Your Professional License Against Disciplinary Action
If you receive a complaint indicating that you are suspected of operating outside Texas’ scope of practice for physician assistants, you should take it very seriously. Regardless of whether the complaint is warranted, you must work with an attorney to draft a response to the complaint.
An experienced lawyer can also help you request a review and modification of any disciplinary action that’s taken against you. They’ll collect evidence to support your case and prepare an argument to contest the action.
At Bertolino LLP, your attorney can help you through the complicated appeals process and prepare you for any investigatory interviews that you’re required to participate in. They’ll be sure to take the steps necessary to protect your license and your ability to practice as a PA.
Talk to Our Team if You are Facing Disciplinary Action
If you’re facing disciplinary action for operating outside your scope of practice as a physician assistant in Texas, our firm can help you. We’ll investigate the allegations you’re facing and search for evidence that proves they shouldn’t affect your ability to practice.
Contact the team at Bertolino LLP to schedule a free consultation. During your consultation, we’ll ask you about your situation and let you know if we can help you defend your occupational license. If we agree to take on your case, you’ll benefit from our experience and close proximity to the Texas Medical Board in downtown Austin, TX.
Call or text (512) 515-9518 or complete a Case Evaluation form
