Texas Occupations Code 160.012 – Discipline or Discrimination Prohibited
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(a) A person may not suspend, terminate, or otherwise discipline or discriminate against a person who reports to the board under this subtitle.
(b) A person has a cause of action against a health care entity, or an owner or employee of a health care entity, that suspends or terminates the employment of the person or otherwise disciplines or discriminates against the person for reporting to the board under § 160.002, 160.003, or 160.004. The person may recover:
(1) the greater of:
(A) actual damages, including damages for mental anguish regardless of whether other injury is shown; or
(B) $1,000;
(2) exemplary damages;
(3) court costs; and
(4) reasonable attorney’s fees.
Terms Used In Texas Occupations Code 160.012
- Board: means the Texas Medical Board. See Texas Occupations Code 151.002
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Health care entity: means :
(A) a hospital licensed under Chapter 241 or Texas Occupations Code 151.002 - Person: means an individual, unless the term is expressly made applicable to a partnership, association, or corporation. See Texas Occupations Code 151.002
- Plaintiff: The person who files the complaint in a civil lawsuit.
(c) In addition to amounts recovered under Subsection (b), a person whose employment is suspended or terminated in violation of this section is entitled to:
(1) either:
(A) reinstatement in the person’s former position; or
(B) severance pay in an amount equal to three months of the person’s most current salary; and
(2) compensation for wages lost during the period of suspension or termination.
(d) A person who brings an action under this section has the burden of proof. It is a rebuttable presumption that the person’s employment was suspended or terminated for reporting an act that imperils the welfare of a patient if:
(1) the person is suspended or terminated not later than the 90th day after the date of making a report in good faith; and
(2) the board or a court determines that the reported case made the subject of the cause of action was a case in which the person was required to report under § 160.002, 160.003, or 160.004.
(e) An action under this section may be brought in the district court of the county in which:
(1) the plaintiff resides;
(2) the plaintiff was employed by the defendant; or
(3) the defendant conducts business.