Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012 Page: 64
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Section 301.352(f) provides that a violation of 301.352 is sub-
ject to 301.413.
Section 301.401(1) defines "conduct subject to reporting" as
conduct by a nurse that: (i) violates Chapter 301 or a Board rule
and contributed to the death or serious injury of a patient; (ii)
causes a person to suspect that the nurse's practice is impaired
by chemical dependency or drug or alcohol abuse; (iii) consti-
tutes abuse, exploitation, fraud, or a violation of professional
boundaries; or (iv) indicates that the nurse lacks knowledge,
skill, judgment, or conscientiousness to such an extent that
the nurse's continued practice of nursing could reasonably be
expected to pose a risk of harm to a patient or another person,
regardless of whether the conduct consists of a single incident
or a pattern of behavior.
Section 301.401(2) defines "minor incident" as conduct by a
nurse that does not indicate that the nurse's continued practice
poses a risk of harm to a patient or another person. Further,
this term is synonymous with "minor error" or "minor violation of
Chapter 301 or Board rule."
Section 301.401(3) defines "nursing educational program" as an
educational program that is considered approved by the Board
that may lead to an initial license as a registered nurse or voca-
tional nurse.
Section 301.401(4) defines "nursing student" as an individual
who is enrolled in a nursing educational program.
Section 301.4011 states that, in the Occupations Code Chapter
301, Subchapter I, a report is considered to be made in good faith
if: (i) the person reporting believed that the report was required
or authorized; and (ii) there was a reasonable factual or legal
basis for that belief.
Section 301.402(b) states that a nurse shall report to the Board
in the manner prescribed under 301.402(d) if the nurse has rea-
sonable cause to suspect that: (i) another nurse has engaged in
conduct subject to reporting; or (ii) the ability of a nursing stu-
dent to perform the services of the nursing profession would be,
or would reasonably be expected to be, impaired by chemical
dependency.
Section 301.402(d) states that a report by a nurse under
301.402(b) must: (i) be written and signed; and (ii) include the
identity of the nurse or student and any additional information
required by the Board.
Section 301.402(e) states that, instead of reporting to the Board
under 301.402(b), a nurse may make a report required un-
der: (i) 301.402(b)(1) to a nursing peer review committee un-
der Chapter 303; or (ii) 301.402(b)(2) to the nursing educational
program in which the student is enrolled.
Section 301.402(f) provides that a person may not suspend or
terminate the employment of, or otherwise discipline, discrimi-
nate against, or retaliate against, a person who reports in good
faith under 301.402 or advises a nurse of the nurse's rights and
obligations under 301.402.
Section 301.402(g) states that a violation of 301.402(f) is sub-
ject to 301.413.
Section 301.4025(a) states that, in a written, signed report to the
appropriate licensing board or accrediting body, a nurse may re-
port a licensed health care practitioner, agency, or facility that the
nurse has reasonable cause to believe has exposed a patient
to substantial risk of harm as a result of failing to provide pa-
tient care that conforms to: (i) minimum standards of acceptableand prevailing professional practice, for a report made regarding
a practitioner; or (ii) statutory, regulatory, or accreditation stan-
dards, for a report made regarding an agency or facility.
Section 301.4025(b) states that a nurse may report to the nurse's
employer or another entity at which the nurse is authorized to
practice any situation that the nurse has reasonable cause to
believe exposes a patient to substantial risk of harm as a re-
sult of a failure to provide patient care that conforms to minimum
standards of acceptable and prevailing professional practice or
to statutory, regulatory, or accreditation standards. Further, for
purposes of 301.4025(b), an employer or entity includes an em-
ployee or agent of the employer or entity.
Section 301.4025(c) states that a person may not suspend or
terminate the employment of, or otherwise discipline, discrimi-
nate against, or retaliate against a person who reports in good
faith under 301.4025 or advises a nurse of the nurse's right to
report under 301.4025.
Section 301.4025(d) states that a violation of 301.4025(c) is
subject to 301.413.
Section 301.412 states that a person who in good faith makes a
report required or authorized under the Occupations Code, Sub-
chapter I, or a person who advises a nurse of the nurse's right or
obligation to report under Subchapter I: (i) is immune from civil
and criminal liability, that in the absence of the immunity, might
result from making the report or giving the advice; and (ii) may
not be subjected to other retaliatory action as a result of making
the report or giving the advice.
Section 301.413(a) states that a person may file a counterclaim
in a pending action or prove a cause of action in a subsequent
suit to recover defense costs, including reasonable attorney's
fees and actual and punitive damages, if: (i) the person is named
as a defendant in a civil action or subjected to other retaliatory
action as a result of filing a report required or authorized, or rea-
sonably believed to be required or authorized, under the Occu-
pations Code, Subchapter I as a result of refusing to engage in
conduct as authorized by 301.352; requesting in good faith a
nursing peer review committee determination under 303.005;
or providing advice to a person regarding filing a report required
or authorized, or reasonably believed to be required or autho-
rized, under Subchapter I as a result of refusing to engage in
conduct as authorized by 301.352; or requesting in good faith
a nursing peer review committee determination under 303.005;
and (ii) the suit or retaliatory action is determined to be frivolous,
unreasonable, or taken in bad faith.
Section 301.413(b) provides that a person may not suspend, ter-
minate, or otherwise discipline, discriminate against, or retaliate
against a person who: (i) reports in good faith under the Occupa-
tions Code, Subchapter I; (ii) requests, in good faith, a nursing
peer review committee determination under 303.005; (iii) re-
fuses to engage in conduct as authorized by 301.352; or (iv)
advises a nurse of the nurse's right to report under Subchapter
I, request a nursing peer review committee determination un-
der 303.005; or refuse to engage in conduct as authorized by
301.352.
Section 301.413(b-1) states that a person suspected of violating
301.413(b) may be reported to the appropriate licensing agency
and, notwithstanding any other provision, that agency may im-
pose an administrative penalty not to exceed $25,000 against
the person if the agency finds a violation of 301.413(b). An ad-
ministrative penalty imposed under 301.413(b-1) is in addition
to other penalties the agency is authorized to impose and is sub-37 TexReg 64 January 6, 2012
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Texas. Secretary of State. Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012, periodical, January 6, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth215965/m1/63/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.