reglab/housing_qa huggingface dataset:
TX Occ Code § 301.354 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter H. Practice by License Holder|Section 301.354. Nurse First Assistants; Assisting at Surgery by Other Nurses

Sec. 301.354.  NURSE FIRST ASSISTANTS; ASSISTING AT SURGERY BY OTHER NURSES.  (a)  In this section, "nurse first assistant" means a registered nurse who:(1)  has completed a nurse first assistant educational program approved or recognized by an organization recognized by the board; and(2)  is either:(A)  certified in perioperative nursing by an organization recognized by the board; or(B)  recognized by the board as an advanced practice nurse and qualified by education, training, or experience to perform the tasks involved in perioperative nursing.(b)  Unless the person is a nurse first assistant, the person may not use:(1)  the title "nurse first assistant" or "registered nurse first assistant";(2)  the abbreviation "R.N.F.A."; or(3)  any other title or abbreviation that implies to the public that the person is qualified as a nurse first assistant under this section.(c)  A health maintenance organization or an insurer, including an insurer offering a preferred provider benefit plan, may not, by contract or any other method, require a physician to use the services of a nurse first assistant.(d)  A nurse who is not a nurse first assistant may assist a physician, podiatrist, or dentist in the performance of surgery if the nurse:(1)  assists under the direct personal supervision and in the physical presence of the physician, podiatrist, or dentist;(2)  is in the same sterile field as the physician, podiatrist, or dentist;(3)  is employed by:(A)  the physician, podiatrist, or dentist;(B)  a group to which the physician, podiatrist, or dentist belongs; or(C)  a hospital licensed or owned by the state; and(4)  is qualified by education, training, or experience to perform the tasks assigned to the nurse.(e)  A patient or third-party insurer may not be billed separately for the services performed by a nurse described by Subsection (d).|Added by Acts 2005, 79th Leg., Ch. 966 (H.B. 1718), Sec. 1, eff. September 1, 2005.Renumbered from Occupations Code, Section 301.353 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(57), eff. September 1, 2007.|
TX Occ Code § 301.356 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter H. Practice by License Holder|Section 301.356. Refusal of Mandatory Overtime

Sec. 301.356.  REFUSAL OF MANDATORY OVERTIME.  The refusal by a nurse to work mandatory overtime as authorized by Chapter 258, Health and Safety Code, does not constitute patient abandonment or neglect.|Added by Acts 2009, 81st Leg., R.S., Ch. 742 (S.B. 476), Sec. 2, eff. September 1, 2009.|
TX Occ Code § 301.401 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.401. Definitions

Sec. 301.401.  DEFINITIONS.  In this subchapter:(1)  "Conduct subject to reporting" means conduct by a nurse that:(A)  violates this chapter or a board rule and contributed to the death or serious injury of a patient;(B)  causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse;(C)  constitutes abuse, exploitation, fraud, or a violation of professional boundaries; or(D)  indicates that the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse's continued practice of nursing could reasonably be expected to pose a risk of harm to a patient or another person, regardless of whether the conduct consists of a single incident or a pattern of behavior.(2)  "Minor incident" means conduct by a nurse that does not indicate that the nurse's continued practice poses a risk of harm to a patient or another person.  This term is synonymous with "minor error" or "minor violation of this chapter or board rule."(3)  "Nursing educational program" means an educational program that is considered approved by the board that may lead to an initial license as a registered nurse or vocational nurse.(4)  "Nursing student" means an individual who is enrolled in a nursing educational program.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.029, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 876, Sec. 6, eff. June 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 9, eff. May 20, 2005.Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 6, eff. September 1, 2007.Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 9, eff. June 19, 2009.|
TX Occ Code § 301.4011 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.4011. Good Faith Report by Nurse

Sec. 301.4011.  GOOD FAITH REPORT BY NURSE.  In this subchapter, a report is considered to be made in good faith if:(1)  the person reporting believed that the report was required or authorized; and(2)  there was a reasonable factual or legal basis for that belief.|Added by Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 2, eff. September 1, 2011.|
TX Occ Code § 301.402 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.402. Mandatory Report by Nurse

Sec. 301.402.  MANDATORY REPORT BY NURSE.(a)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(3), eff. September 1, 2007.(b)  A nurse shall report to the board in the manner prescribed under Subsection (d) if the nurse has reasonable cause to suspect that:(1)  another nurse has engaged in conduct subject to reporting; or(2)  the ability of a nursing student to perform the services of the nursing profession would be, or would reasonably be expected to be, impaired by chemical dependency.(c)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(3), eff. September 1, 2007.(d)  A report by a nurse under Subsection (b) must:(1)  be written and signed;  and(2)  include the identity of the nurse or student and any additional information required by the board.(e)  Instead of reporting to the board under Subsection (b), a nurse may make a report required under:(1)  Subsection (b)(1) to a nursing peer review committee under Chapter 303; or(2) Subsection (b)(2) to the nursing educational program in which the student is enrolled.(f)  A person may not suspend or terminate the employment of, or otherwise discipline, discriminate against, or retaliate against, a person who:(1)  reports in good faith under this section; or(2)  advises a nurse of the nurse's rights and obligations under this section.(g)  A violation of Subsection (f) is subject to Section 301.413.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.030, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 876, Sec. 7, eff. June 20, 2003.Amended by: Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 10, eff. May 20, 2005.Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 7, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 8, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 21(3), eff. September 1, 2007.Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 3, eff. September 1, 2011.|
TX Occ Code § 301.4025 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.4025. Optional Report by Nurse

Sec. 301.4025.  OPTIONAL REPORT BY NURSE.  (a)  In a written, signed report to the appropriate licensing board or accrediting body, a nurse may report a licensed health care practitioner, agency, or facility that the nurse has reasonable cause to believe has exposed a patient to substantial risk of harm as a result of failing to provide patient care that conforms to:(1)  minimum standards of acceptable and prevailing professional practice, for a report made regarding a practitioner; or(2)  statutory, regulatory, or accreditation standards, for a report made regarding an agency or facility.(b)  A nurse may report to the nurse's employer or another entity at which the nurse is authorized to practice any situation that the nurse has reasonable cause to believe exposes a patient to substantial risk of harm as a result of a failure to provide patient care that conforms to minimum standards of acceptable and prevailing professional practice or to statutory, regulatory, or accreditation standards.  For purposes of this subsection, an employer or entity includes an employee or agent of the employer or entity.(c)  A person may not suspend or terminate the employment of, or otherwise discipline, discriminate against, or retaliate against, a person who:(1)  reports in good faith under this section; or(2)  advises a nurse of the nurse's right to report under this section.(d)  A violation of Subsection (c) is subject to Section 301.413.|Added by Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 9, eff. September 1, 2007.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 4, eff. September 1, 2011.|
TX Occ Code § 301.403 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.403. Duty of Peer Review Committee to Report

Sec. 301.403.  DUTY OF PEER REVIEW COMMITTEE TO REPORT.  (a)  Except as provided by Subsection (b), a nursing peer review committee operating under Chapter 303 that determines that a nurse has engaged in conduct subject to reporting shall file with the board a written, signed report that includes:(1)  the identity of the nurse;(2)  a description of any corrective action taken against the nurse;(3)  a recommendation whether the board should take formal disciplinary action against the nurse and the basis for the recommendation;(4)  a description of the conduct subject to reporting;(5)  the extent to which any deficiency in care provided by the reported nurse was the result of a factor beyond the nurse's control; and(6)  any additional information the board requires.(b)  A report under Subsection (a) is not required if:(1)  the nursing peer review committee determines that the reported conduct was a minor incident that is not required to be reported under board rule; or(2)  the nurse has been reported to the board for the conduct under Section 301.405.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.031, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 11, eff. May 20, 2005.Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 10, eff. September 1, 2007.|
TX Occ Code § 301.404 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.404. Duty of Nursing Educational Program to Report

Sec. 301.404.  DUTY OF NURSING EDUCATIONAL PROGRAM TO REPORT.  A nursing educational program that has reasonable cause to suspect that the ability of a nursing student to perform the services of the nursing profession would be, or would reasonably be expected to be, impaired by chemical dependency shall file with the board a written, signed report that includes the identity of the student and any additional information the board requires.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.032, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 11, eff. September 1, 2007.|
TX Occ Code § 301.405 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.405. Duty of Person Employing Nurse to Report

Sec. 301.405.  DUTY OF PERSON EMPLOYING NURSE TO REPORT.  (a)  This section applies only to a person who employs, hires, or contracts for the services of a nurse, including:(1)  a health care facility, including a hospital, health science center, nursing home, or home health agency;(2)  a state agency;(3)  a political subdivision;(4)  a school of nursing;  and(5)  a temporary nursing service.(b)  A person that terminates, suspends for more than seven days, or takes other substantive disciplinary action, as defined by the board, against a nurse, or a substantially equivalent action against a nurse who is a staffing agency nurse, because the nurse engaged in conduct subject to reporting shall report in writing to the board:(1)  the identity of the nurse;(2)  the conduct subject to reporting that resulted in the termination, suspension, or other substantive disciplinary action or substantially equivalent action; and(3)  any additional information the board requires.(c)  If a person who makes a report required under Subsection (b) is required under Section 303.0015 to establish a nursing peer review committee, the person shall submit a copy of the report to the nursing peer review committee.  The nursing peer review committee shall review the conduct to determine if any deficiency in care by the reported nurse was the result of a factor beyond the nurse's control.  A nursing peer review committee that determines that there is reason to believe that the nurse's deficiency in care was the result of a factor beyond the nurse's control shall report the conduct to the patient safety committee at the facility where the reported conduct occurred, or if the facility does not have a patient safety committee, to the chief nursing officer.(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(4), eff. September 1, 2007.(e)  The requirement under Subsection (c) that a nursing peer review committee review the nurse and the incident does not subject a person's administrative decision to discipline a nurse to the peer review process.(f)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(4), eff. September 1, 2007.(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(4), eff. September 1, 2007.(h)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(4), eff. September 1, 2007.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.033, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 12, eff. May 20, 2005.Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 12, eff. September 1, 2007.Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 21(4), eff. September 1, 2007.|
TX Occ Code § 301.406 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.406. Duty of Certain Professional Associations and Organizations to Report

Sec. 301.406.  DUTY OF CERTAIN PROFESSIONAL ASSOCIATIONS AND ORGANIZATIONS TO REPORT.  A professional association of nurses or an organization that conducts a certification or accreditation program for nurses and that expels, decertifies, or takes any other substantive disciplinary action, as defined by the board, against a nurse as a result of the nurse's failure to conform to the minimum standards of acceptable nursing practice shall report in writing to the board the identity of the nurse and any additional information the board requires.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.034, eff. Sept. 1, 2003.|
TX Occ Code § 301.407 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.407. Duty of State Agency to Report

Sec. 301.407.  DUTY OF STATE AGENCY TO REPORT.  (a)  This section applies only to a state agency that:(1)  licenses, registers, or certifies:(A)  a hospital;(B)  a nursing home;(C)  a health science center;(D)  a home health agency;  or(E)  another health care facility or agency;  or(2)  surveys a facility or agency listed in Subdivision (1) regarding the quality of nursing care provided by the facility or agency.(b)  Unless expressly prohibited by state or federal law, a state agency that has reason to believe that a nurse has engaged in conduct subject to reporting shall report the nurse in writing to the board or to a nursing peer review committee under Chapter 303.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.035, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 13, eff. September 1, 2007.|
TX Occ Code § 301.408 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.408. Duty of Liability Insurer to Report

Sec. 301.408.  DUTY OF LIABILITY INSURER TO REPORT.  (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.(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.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.036, eff. Sept. 1, 2003.|
TX Occ Code § 301.409 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.409. Duty of Prosecuting Attorney to Report

Sec. 301.409.  DUTY OF PROSECUTING ATTORNEY TO REPORT.  (a)  The attorney representing the state shall cause the clerk of the court of record in which the conviction, adjudication, or finding is entered to prepare and forward to the board a certified true and correct abstract of the court record of the case not later than the 30th day after the date:(1)  a person known to be a nurse who is licensed, otherwise lawfully practicing in this state, or applying to be licensed to practice is convicted of:(A)  a felony;(B)  a misdemeanor involving moral turpitude;(C)  a violation of a state or federal narcotics or controlled substance law;  or(D)  an offense involving fraud or abuse under the Medicare or Medicaid program;  or(2)  a court finds that a nurse is mentally ill or mentally incompetent.(b)  A prosecuting attorney shall comply with Subsection (a) even if the conviction, adjudication, or finding is entered, withheld, or appealed under the laws of this state.(c)  The abstract required under Subsection (a) must include:(1)  the name and address of the nurse or applicant;(2)  a description of the nature of the offense committed, if any;(3)  the sentence, if any;  and(4)  the judgment of the court.(d)  The board shall prepare the form of the abstract and distribute a copy to each district attorney and county attorney in this state with appropriate instructions for preparation and filing.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.037, eff. Sept. 1, 2003.|
TX Occ Code § 301.410 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.410. Report Regarding Impairment by Chemical Dependency, Mental Illness, or Diminished Mental Capacity

Sec. 301.410.  REPORT REGARDING IMPAIRMENT BY CHEMICAL DEPENDENCY, MENTAL ILLNESS, OR DIMINISHED MENTAL CAPACITY.  (a)  A person who is required to report a nurse under this subchapter because the nurse is impaired or suspected of being impaired by chemical dependency or mental illness may report to a peer assistance program approved by the board under Chapter 467, Health and Safety Code, instead of reporting to the board or requesting review by a nursing peer review committee.(b)  A person who is required to report a nurse under this subchapter because the nurse is impaired or suspected of being impaired by chemical dependency or diminished mental capacity must report to the board if the person believes that an impaired nurse committed a practice violation.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.038, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 24, eff. September 1, 2007.|
TX Occ Code § 301.4105 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter I. Reporting Violations and Patient Care Concerns|Section 301.4105. Board Responsibility Following Report

Sec. 301.4105.  BOARD RESPONSIBILITY FOLLOWING REPORT.  The board shall determine whether a nurse violated this chapter or a rule adopted under this chapter for any case reported to the board in which the nurse's ability to perform the practice of nursing was impaired or suspected of being impaired by chemical dependency or diminished mental capacity and in which the nurse is suspected of committing a practice violation.  The board, in deciding whether to take disciplinary action against the nurse for a violation of this chapter or board rules, shall balance the need to protect the public and the need to ensure the impaired nurse seeks treatment.|Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 25, eff. September 1, 2007.|