Texas Occupations Code
§ 303.005 — REQUEST FOR PEER REVIEW COMMITTEE DETERMINATION
OC § 303.005Title 3. HEALTH PROFESSIONS · Part E. REGULATION OF NURSING · Ch. 303. NURSING PEER REVIEW
Statute text
View on source(a)In this section, "duty to a patient" means conduct required by standards of practice or professional conduct adopted by the board for nurses. The term includes administrative decisions directly affecting a nurse's ability to comply with that duty. (a-1) For purposes of this section, a nurse or nurse administrator acts in good faith in connection with a request made or an action taken by the nurse or nurse administrator if there is a reasonable factual or legal basis for the request or action.
(b)Except as provided by Subsection (b-1), if a person who is required to establish a nursing peer review committee under Section 303.0015 requests a nurse to engage in conduct that the nurse believes violates a nurse's duty to a patient, the nurse may request, on a form developed by the board or on another form that meets standards developed by the board, a determination by a nursing peer review committee under this chapter of whether the conduct violates a nurse's duty to a patient. (b-1) If a nurse is unable to complete a form required by Subsection (b) due to immediate patient care needs, the nurse may request a nursing peer review committee determination by orally notifying the nurse's supervisor of the request. After receiving oral notification of a request, the nurse's supervisor shall record in writing:
(1)the name of the nurse making the request;
(2)the date and time of the request;
(3)the location where the conduct or assignment that is the subject of the request occurred;
(4)the name of the person who requested the nurse engage in the conduct or made the assignment that is the subject of the request;
…
Legislative history
Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 16, eff. May 20, 2005. Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 18, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 21(6), eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 18.001, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 8, eff. September 1, 2011. Acts 2019, 86th Leg., R.S., Ch. 816 (H.B. 2410), Sec. 1, eff. September 1, 2019.