Texas Occupations Code 301.416 – Investigation
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(a) Except as provided by Subsections (b) and (c), a report under this subchapter shall be treated as a complaint under § 301.457.
(b) If the board determines that the reported conduct does not indicate that the continued practice of nursing by the nurse poses a risk of harm to a client or other person, the board, with the written consent of the nurse and the person making the report, may elect not to proceed with an investigation or to file formal charges. The board shall:
(1) maintain a record of the report; and
(2) investigate the report if it receives two or more reports involving separate incidents regarding the nurse in any five-year period.
Terms Used In Texas Occupations Code 301.416
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The board is not required to investigate a report filed by an insurer under § 301.408, but shall:
(1) maintain a record of the report; and
(2) investigate the report if it receives two or more reports involving separate incidents regarding the nurse in any five-year period.