Texas Occupations Code 301.352 – Protection for Refusal to Engage in Certain Conduct
(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.
Terms Used In Texas Occupations Code 301.352
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(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:
(1) that the act or omission the nurse refused to engage in was not:
(A) conduct reportable to the board under § 301.403;
(B) a minor incident; or
(C) a violation of this chapter or a board rule; or
(2) that:
(A) the act or omission in which the nurse refused to engage was conduct reportable to the board, a minor incident, or a violation of this chapter or a board rule; and
(B) the person:
(i) rescinds any disciplinary or discriminatory action taken against the nurse;
(ii) compensates the nurse for lost wages; and
(iii) restores to the nurse any lost benefits.
(c) A nurse’s rights under this section may not be nullified by a contract.
(d) An appropriate licensing agency may take action against a person who violates this section.
(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(2), eff. September 1, 2007.
(f) A violation of this section is subject to § 301.413.