Texas Health and Safety Code
§ 161.135 — RETALIATION AGAINST NONEMPLOYEES PROHIBITED
HS § 161.135Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 161. PUBLIC HEALTH PROVISIONS · Art. L. ABUSE, NEGLECT, AND UNPROFESSIONAL OR UNETHICAL CONDUCT IN HEALTH CARE FACILITIES
Statute text
View on source(a)A hospital, mental health facility, or treatment facility may not retaliate against a person who is not an employee for reporting a violation of law, including a violation of this chapter, a rule adopted under this chapter, or a rule of another agency.
(b)A hospital, mental health facility, or treatment facility that violates Subsection (a) is liable to the person retaliated against. A person who has been retaliated against in violation of Subsection (a) may sue for injunctive relief, damages, or both.
(c)A person suing under this section has the burden of proof, except that it is a rebuttable presumption that the plaintiff was retaliated against if:
(1)before the 60th day after the date on which the plaintiff made a report in good faith, the hospital, mental health facility, or treatment facility:
(A)discriminates in violation of Section 161.134 against a relative who is an employee of the facility;
(B)transfers, disciplines, suspends, terminates, or otherwise discriminates against the person or a relative who is a volunteer in the facility or who is employed under the patient work program administered by the department;
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Legislative history
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0477, eff. April 2, 2015.