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Texas Occupations Code

§ 301.352 — PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT

OC § 301.352Title 3. HEALTH PROFESSIONS · Part E. REGULATION OF NURSING · Ch. 301. NURSES · Art. H. PRACTICE BY LICENSE HOLDER

Statute text

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(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 determines:

Legislative history

Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 7, eff. May 20, 2005. Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 3, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 21(2), eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193), Sec. 3, eff. September 1, 2011.