Texas Occupations Code

§ 301.413 — RETALIATORY ACTION

OC § 301.413Title 3. HEALTH PROFESSIONS · Part E. REGULATION OF NURSING · Ch. 301. NURSES · Art. I. REPORTING VIOLATIONS AND PATIENT CARE CONCERNS

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(a)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:

(1)the person is named as a defendant in a civil action or subjected to other retaliatory action as a result of:

(A)filing a report required or authorized, or reasonably believed to be required or authorized, under this subchapter as a result of refusing to engage in conduct as authorized by Section 301.352;

(B)requesting in good faith a nursing peer review committee determination under Section 303.005; or

(C)providing advice to a person regarding:

(i)filing a report required or authorized, or reasonably believed to be required or authorized, under this subchapter as a result of refusing to engage in conduct as authorized by Section 301.352; or

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Legislative history

Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 14, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 3, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 6, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1258 (H.B. 581), Sec. 1, eff. September 1, 2013.