reglab/housing_qa huggingface dataset:
TX Occ Code § 301.4106 (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 301.4106. Peer Assistance Programs

Sec. 301.4106.  PEER ASSISTANCE PROGRAMS.  The board by rule shall develop guidelines to:(1)  outline the roles and responsibilities of the board and a peer assistance program established or approved by the board under Chapter 467, Health and Safety Code;(2)  outline the process for a peer assistance program to refer to the board complaints alleging a violation of the practice of nursing;(3)  establish requirements for successfully completing a peer assistance program and for notification of the board of the successful completion by a nurse the board has ordered to attend or referred to the program;(4)  establish a clear procedure based on meaningful performance goals for evaluating the success of a peer assistance program established or approved by the board under Chapter 467, Health and Safety Code;(5)  establish individualized requirements for participants in a peer assistance program, including the duration of participation in a peer assistance program for substance use, based on the individual's diagnosis and needs; and(6)  ensure that participation requirements and treatment plans for peer assistance program participants who are referred to peer assistance for similar reasons are administered consistently.|Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 25, eff. September 1, 2007.Amended by: Acts 2017, 85th Leg., R.S., Ch. 509 (H.B. 2950), Sec. 12, eff. September 1, 2017.|
TX Occ Code § 301.411 (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 301.411. Effect of Failure to Report

Sec. 301.411.  EFFECT OF FAILURE TO REPORT.  (a)  A person is not liable in a civil action for failure to file a report required by this subchapter.(b)  The appropriate state licensing agency may take action against a person regulated by the agency for a failure to report as required by this subchapter.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.|
TX Occ Code § 301.412 (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 301.412. Reporting Immunity

Sec. 301.412.  REPORTING IMMUNITY.  A person who in good faith makes a report required or authorized under this subchapter, or a person who advises a nurse of the nurse's right or obligation to report under this subchapter:(1)  is immune from civil and criminal liability that, in the absence of the immunity, might result from making the report or giving the advice; and(2)  may not be subjected to other retaliatory action as a result of making the report or giving the advice.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 5, eff. September 1, 2011.|
TX Occ Code § 301.414 (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 301.414. Notice and Review of Report

Sec. 301.414.  NOTICE AND REVIEW OF REPORT.  (a)  The board shall notify each nurse who is reported to the board under Section 301.402, 301.403, 301.405, 301.406, 301.407, 301.408, or 301.409 of the filing of the report unless the notification would jeopardize an active investigation.(b)  The nurse or the nurse's authorized representative is entitled on request to review any report submitted to the board under a section specified under Subsection (a) unless doing so would jeopardize an active investigation.  The board may not reveal the identity of the person making or signing the report.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.039, eff. Sept. 1, 2003.|
TX Occ Code § 301.415 (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 301.415. Rebuttal Statement

Sec. 301.415.  REBUTTAL STATEMENT.  (a)  A nurse who is entitled to receive notice under Section 301.414 or the authorized representative of the nurse may file with the board a statement of reasonable length containing the nurse's rebuttal of any information in the report to the board.(b)  The statement made under Subsection (a) must accompany the part of the report being rebutted.(c)  In investigating the report, the board shall:(1)  review the statement made under Subsection (a);  and(2)  evaluate each reason asserted by the nurse to justify the nurse's conduct.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.040, eff. Sept. 1, 2003.|
TX Occ Code § 301.416 (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 301.416. Investigation

Sec. 301.416.  INVESTIGATION.  (a)  Except as provided by Subsections (b) and (c), a report under this subchapter shall be treated as a complaint under Section 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.(c)  The board is not required to investigate a report filed by an insurer under Section 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.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.041, eff. Sept. 1, 2003.|
TX Occ Code § 301.417 (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 301.417. Confidentiality Requirements; Disclosure of Information

Sec. 301.417.  CONFIDENTIALITY REQUIREMENTS;  DISCLOSURE OF INFORMATION.  (a)  A report required or authorized under this subchapter and the identity of the person making the report are confidential and may not be disclosed except as provided by this section and Section 301.414.(b)  The board may disclose the information to the same extent that the board may disclose information relating to a complaint under Section 301.466.(c)  Repealed by Acts 2005, 79th Leg., Ch. 113, Sec. 18, eff. May 20, 2005.(d)  In addition to the other authorizations of this section, the information may be disclosed in:(1)  a civil action in which a reporting person is named as a defendant as a result of making the report;  or(2)  the prosecution of a cause of action based on a claim that the reporting person was subject to retaliatory action as a result of making the report.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 13, eff. May 20, 2005.Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 18, eff. May 20, 2005.|
TX Occ Code § 301.418 (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 301.418. Disclosure of Charges or Disciplinary Action

Sec. 301.418.  DISCLOSURE OF CHARGES OR DISCIPLINARY ACTION.  (a)  This subchapter does not prevent disclosure under Section 301.466 of formal charges filed by the board or a final disciplinary action taken by the board as a result, in whole or in part, of submission of a report under this subchapter.(b)  A report or information submitted as required or authorized by this subchapter arising out of the provision or failure to provide nursing services may not be made available in a liability action for:(1)  discovery;(2)  court subpoena;  or(3)  introduction into evidence.(c)  A person is not prevented from taking disciplinary action against a nurse by:(1)  the filing of a report under this subchapter with the board;(2)  an investigation by the board;  or(3)  the disposition of a matter by the board.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.042, eff. Sept. 1, 2003.|
TX Occ Code § 301.419 (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 301.419. General Provisions Regarding Duty to Report; Minor Incidents

Sec. 301.419.  GENERAL PROVISIONS REGARDING DUTY TO REPORT;  MINOR INCIDENTS.  (a)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(5), eff. September 1, 2007.(b)  The board shall adopt rules governing reporting required under this subchapter to minimize:(1)  unnecessary duplicative reporting;  and(2)  the reporting of a minor incident.(c)  If the board determines that a report submitted under this subchapter is without merit, the board shall expunge the report from the nurse's file.(d)  The board shall inform, in the manner the board determines appropriate, nurses, facilities, agencies, and other persons of their duty to report under this subchapter.(e)  The reporting required under this subchapter does not constitute state action on behalf of the person reporting.(f)  The duty to report or any other requirement of this subchapter may not be nullified by a contract.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.043, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 21(5), eff. September 1, 2007.|
TX Occ Code § 301.451 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.451. Certain Prohibited Practices

Sec. 301.451.  CERTAIN PROHIBITED PRACTICES.  A person may not:(1)  sell, fraudulently obtain, or fraudulently furnish a nursing diploma, license, renewal license, or record;(2)  assist another person in selling, fraudulently obtaining, or fraudulently furnishing a nursing diploma, license, renewal license, or record;(3)  practice nursing under a diploma, license, or record that was:(A)  obtained unlawfully or fraudulently;  or(B)  signed or issued unlawfully or under false representation;  or(4)  practice nursing in a period in which the person's license is suspended or revoked.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.044, eff. Sept. 1, 2003.|
TX Occ Code § 301.4515 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.4515. Use of Certain Nursing Titles

Sec. 301.4515.  USE OF CERTAIN NURSING TITLES.  Unless the person is practicing under the delegated authority of a registered nurse or is otherwise authorized by state or federal law, a person may not use, in connection with the person's name:(1)  the title "nurse aide," "nurse assistant," or "nurse technician";  or(2)  any other similar title.|Added by Acts 2003, 78th Leg., ch. 876, Sec. 8, eff. June 20, 2003.|
TX Occ Code § 301.453 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.453. Disciplinary Authority of Board; Methods of Discipline

Sec. 301.453.  DISCIPLINARY AUTHORITY OF BOARD;  METHODS OF DISCIPLINE.  (a)  If the board determines that a person has committed an act listed in Section 301.452(b), the board shall enter an order imposing one or more of the following:(1)  denial of the person's application for a license, license renewal, or temporary permit;(2)  issuance of a written warning;(3)  administration of a public reprimand;(4)  limitation or restriction of the person's license, including:(A)  limiting to or excluding from the person's practice one or more specified activities of nursing; or(B)  stipulating periodic board review;(5)  suspension of the person's license;(6)  revocation of the person's license; or(7)  assessment of a fine.(b)  In addition to or instead of an action under Subsection (a), the board, by order, may require the person to:(1)  submit to care, counseling, or treatment by a health provider designated by the board as a condition for the issuance or renewal of a license;(2)  participate in a program of education or counseling prescribed by the board, including a program of remedial education;(3)  practice for a specified period under the direction of a registered nurse or vocational nurse designated by the board;(4)  perform public service the board considers appropriate; or(5)  abstain from the consumption of alcohol or the use of drugs and submit to random periodic screening for alcohol or drug use.(c)  The board may probate any penalty imposed on a nurse and may accept the voluntary surrender of a license.  The board may not reinstate a surrendered license unless it determines that the person is competent to resume practice.(d)  If the board suspends, revokes, or accepts surrender of a license, the board may impose conditions for reinstatement that the person must satisfy before the board may issue an unrestricted license.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.046, eff. Sept. 1, 2003.Amended by: Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 11, eff. June 19, 2009.Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 6, eff. September 1, 2013.|
TX Occ Code § 301.4531 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.4531. Schedule of Sanctions

Sec. 301.4531.  SCHEDULE OF SANCTIONS.  (a)  The board by rule shall adopt a schedule of the disciplinary sanctions that the board may impose under this chapter.  In adopting the schedule of sanctions, the board shall ensure that the severity of the sanction imposed is appropriate to the type of violation or conduct that is the basis for disciplinary action.(b)  In determining the appropriate disciplinary action, including the amount of any administrative penalty to assess, the board shall consider:(1)  whether the person:(A)  is being disciplined for multiple violations of either this chapter or a rule or order adopted under this chapter; or(B)  has previously been the subject of disciplinary action by the board and has previously complied with board rules and this chapter;(2)  the seriousness of the violation;(3)  the threat to public safety; and(4)  any mitigating factors.(c)  In the case of a person described by:(1)  Subsection (b)(1)(A), the board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a single violation; and(2)  Subsection (b)(1)(B), the board shall consider taking a more severe disciplinary action, including revocation of the person's license, than the disciplinary action that would be taken for a person who has not previously been the subject of disciplinary action by the board.|Added by Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 27, eff. September 1, 2007.|
TX Occ Code § 301.454 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.454. Notice and Hearing

Sec. 301.454.  NOTICE AND HEARING.  (a)  Except in the case of a temporary suspension authorized under Section 301.455 or 301.4551 or an action taken in accordance with an agreement between the board and a license holder, the board may not take any disciplinary action relating to a license unless:(1)  the board has served notice to the license holder of the facts or conduct alleged to warrant the intended action; and(2)  the license holder has been given an opportunity, in writing or through an informal meeting, to show compliance with all requirements of law for the retention of the license.(b)  If an informal meeting is held, a board member, staff member, or board representative who attends the meeting is considered to have participated in the hearing of the case for the purposes of ex parte communications under Section 2001.061, Government Code.(c)  A person is entitled to a hearing conducted by the State Office of Administrative Hearings if the board proposes to:(1)  refuse to admit the person to examination;(2)  refuse to issue a license or temporary permit;(3)  refuse to renew a license;  or(4)  suspend or revoke the person's license or permit.(d)  The State Office of Administrative Hearings shall use the schedule of sanctions adopted by the board for any sanction imposed as the result of a hearing conducted by that office.(e)  Notwithstanding Subsection (a), a person is not entitled to a hearing on a refusal to renew a license if the person:(1)  fails to submit a renewal application;  or(2)  submits an application that:(A)  is incomplete;(B)  shows on its face that the person does not meet the renewal requirements;  or(C)  is not accompanied by the correct fee.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 7, eff. September 1, 2013.|
TX Occ Code § 301.455 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.455. Temporary License Suspension or Restriction

Sec. 301.455.  TEMPORARY LICENSE SUSPENSION OR RESTRICTION.  (a)  The license of a nurse shall be temporarily suspended or restricted on a determination by a majority of the board or a three-member committee of board members designated by the board that, from the evidence or information presented, the continued practice of the nurse would constitute a continuing and imminent threat to the public welfare.(b)  A license may be temporarily suspended or restricted under this section without notice or hearing on the complaint if:(1)  institution of proceedings for a hearing before the State Office of Administrative Hearings is initiated simultaneously with the temporary suspension or determination to restrict; and(2)  a hearing is held as soon as possible under this chapter and Chapter 2001, Government Code.(c)  The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 17th day after the date of the temporary suspension or restriction to determine whether probable cause exists that a continuing and imminent threat to the public welfare exists.  The probable cause hearing shall be conducted as a de novo hearing.(d)  A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension or restriction.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.047, eff. Sept. 1, 2003.Amended by: Acts 2005, 79th Leg., Ch. 1058 (H.B. 1366), Sec. 5, eff. September 1, 2005.Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193), Sec. 5, eff. September 1, 2011.|
TX Occ Code § 301.4551 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.4551. Temporary License Suspension for Drug or Alcohol Use

Sec. 301.4551.  TEMPORARY LICENSE SUSPENSION FOR DRUG OR ALCOHOL USE.  (a)  The board shall temporarily suspend the license of a nurse as provided by Section 301.455 if the nurse is under a board order prohibiting the use of alcohol or a drug or requiring the nurse to participate in a peer assistance program, and the nurse:(1)  tests positive for alcohol or a prohibited drug;(2)  refuses to comply with a board order to submit to a drug or alcohol test; or(3)  fails to participate in the peer assistance program and the program issues a letter of dismissal and referral to the board for noncompliance.(b)  For the purposes of Section 301.455(c), proof of the elements required for the board to suspend a license under this section is proof that probable cause of a continuing and imminent threat to the public welfare exists.|Added by Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 13, eff. June 19, 2009.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193), Sec. 6, eff. September 1, 2011.|
TX Occ Code § 301.456 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.456. Evidence

Sec. 301.456.  EVIDENCE.  A certified copy of the order of the denial, suspension, or revocation or other action under Section 301.452(b)(8) is conclusive evidence of that action.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.124(b), eff. Sept. 1, 2001.|
TX Occ Code § 301.458 (2021)
2021 Texas Statutes|Occupations Code|Title 3 - Health Professions|Subtitle E - Regulation of Nursing|Chapter 301 - Nurses|Subchapter J. Prohibited Practices and Disciplinary Actions|Section 301.458. Initiation of Formal Charges; Discovery

Sec. 301.458.  INITIATION OF FORMAL CHARGES;  DISCOVERY.  (a)  Unless there is an agreed disposition of the complaint under Section 301.463, if probable cause is found under Section 301.457(e)(2), the board or the board's authorized representative shall file formal charges against the nurse.(b)  A formal charge must:(1)  be written;(2)  be specific enough to enable a person of common understanding to know what is meant by the formal charge;  and(3)  contain a degree of certainty that gives the person who is the subject of the formal charge notice of each particular act alleged to violate a specific statute, board rule, or board order.(c)  A copy of the formal charge shall be served on the nurse or the nurse's counsel of record.(d)  The board shall adopt reasonable rules to promote discovery by each party to a contested case.|Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.049, eff. Sept. 1, 2003.Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 8, eff. September 1, 2013.|