(a) Each insurer that provides to a nurse liability insurance that covers claims arising from providing or failing to provide nursing care shall submit to the board the report or data required by this section at the time prescribed.
(b) The report or data must be provided for:
(1) a complaint filed in court against a nurse that seeks damages related to the nurse’s conduct in providing or failing to provide nursing care; and
(2) a settlement of a claim or lawsuit made on behalf of a nurse.

Terms Used In Texas Occupations Code 301.408

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.

(c) Not later than the 30th day after the date the insurer receives a complaint subject to Subsection (b), the insurer shall provide to the board:
(1) the name of the nurse against whom the claim is filed;
(2) the policy number;
(3) the policy limits;
(4) a copy of the petition;
(5) a copy of the answer; and
(6) other relevant information known by the insurer, as required by the board.
(d) Not later than the 30th day after the date of a judgment, dismissal, or settlement of a suit involving an insured nurse or settlement of a claim on behalf of the nurse without the filing of a lawsuit, the insurer shall provide to the board information regarding the date of the judgment, dismissal, or settlement and, if appropriate:
(1) whether an appeal has been taken from the judgment and by which party;
(2) the amount of the settlement or judgment against the nurse; and
(3) other relevant information known by the insurer, as required by the board.
(e) A nurse shall report the information required to be reported under this section if the nurse is named as a defendant in a claim arising from providing or failing to provide nursing care and the nurse:
(1) does not carry or is not covered by liability insurance; or
(2) is insured by a nonadmitted carrier.

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