Tex.
Occ. Code Section 301.352
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 nurse who refuses to engage in an act or omission as provided by Subsection (a-1); or(2)
a person who advises a nurse of the nurse’s rights under this section.(a-1)
A nurse may refuse to engage in an act or omission relating to patient care that would constitute grounds for reporting the nurse to the board under Subchapter I, that constitutes a minor incident, or that violates this chapter or a board rule if the nurse 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 nurse to the board; or(2)
is a violation of this chapter or a rule of the board.(b)
An act by a person under Subsection (a) does not constitute a violation of this section if a nursing peer review committee under Chapter 303 (Nursing Peer Review) determines:(1)
that the act or omission the nurse refused to engage in was not:(A)
conduct reportable to the board under Section 301.403 (Duty of Peer Review Committee to Report);(B)
a minor incident; or(C)
a violation of this chapter or a board rule; or(2)
that:(A)
the act or omission in which the nurse refused to engage was conduct reportable to the board, a minor incident, or a violation of this chapter or a board rule; and(B)
the person:(i)
rescinds any disciplinary or discriminatory action taken against the nurse;(ii)
compensates the nurse for lost wages; and(iii)
restores to the nurse any lost benefits.(c)
A nurse’s rights under this section may not be nullified by a contract.(d)
An appropriate licensing agency may take action against a person who violates this section.(e)
Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(2), eff. September 1, 2007.(f)
A violation of this section is subject to Section 301.413 (Retaliatory Action).
Source:
Section 301.352 — Protection for Refusal to Engage in Certain Conduct, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.301.htm#301.352 (accessed Jun. 5, 2024).
