(a) An employer may disclose information about a current or former employee’s job performance to a prospective employer of the current or former employee on the request of the prospective employer or the employee.
(b) An employer may not disclose information about a licensed nurse or licensed vocational nurse that relates to conduct that is protected under § 301.352 or 303.005, Occupations Code. The employer must provide an affected nurse an opportunity to submit a statement of reasonable length to the employer to establish the application of § 301.352 or 303.005, Occupations Code.