reglab/statecodes huggingface dataset:
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter G. License Renewal › Section 301.302. Renewal of Expired License by Out-of-State Practitioner

Sec. 301.302.  RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE PRACTITIONER.  (a)  A person who was licensed to practice professional nursing or vocational nursing in this state, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding application may obtain a new license without examination.
(b)  The person must pay to the board a fee that is equal to the amount of the initial fee for the license and the renewal fee.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.024, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 22, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter G. License Renewal › Section 301.303. Continuing Competency

Sec. 301.303.  CONTINUING COMPETENCY.  (a)  The board may recognize, prepare, or implement continuing competency programs for license holders under this chapter and may require participation in continuing competency programs as a condition of renewal of a license.  The programs may allow a license holder to demonstrate competency through various methods, including:
(1)  completion of targeted continuing education programs;  and
(2)  consideration of a license holder's professional portfolio, including certifications held by the license holder.
(b)  The board may not require participation in more than a total of 20 hours of continuing education in a two-year licensing period.
(c)  If the board requires participation in continuing education programs as a condition of license renewal, the board by rule shall establish a system for the approval of programs and providers of continuing education.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(1), eff. September 1, 2007.
(e)  The board may adopt other rules as necessary to implement this section.
(f)  The board may assess each program and provider under this section a fee in an amount that is reasonable and necessary to defray the costs incurred in approving programs and providers.
(g)  The board by rule may establish guidelines for targeted continuing education required under this chapter.  The rules adopted under this subsection must address:
(1)  the nurses who are required to complete the targeted continuing education program;
(2)  the type of courses that satisfy the targeted continuing education requirement;
(3)  the time in which a nurse is required to complete the targeted continuing education;
(4)  the frequency with which a nurse is required to meet the targeted continuing education requirement; and
(5)  any other requirement considered necessary by the board.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 876, Sec. 3, 4, eff. June 20, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 2, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 21(1), eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 889 (H.B. 2426), Sec. 23, eff. September 1, 2007.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter G. License Renewal › Section 301.304. Continuing Education in Tick-Borne Diseases

Sec. 301.304.  CONTINUING EDUCATION IN TICK-BORNE DISEASES.  (a)  As part of the continuing education requirements under Section 301.303, a license holder whose practice includes the treatment of tick-borne diseases shall be encouraged to participate, during each two-year licensing period, in continuing education relating to the treatment of tick-borne diseases.
(b)  The board shall adopt rules to identify the license holders who are encouraged to complete continuing education under Subsection (a) and establish the content of that continuing education.  In adopting rules, the board shall seek input from affected parties and review relevant courses, including courses that have been approved in other states.  Rules adopted under this section must provide that continuing education courses representing an appropriate spectrum of relevant medical clinical treatment relating to tick-borne diseases qualify as approved continuing education courses for license renewal.
(c)  If relevant, the board shall consider a license holder's participation in a continuing education course approved under Subsection (b) if:
(1)  the license holder is being investigated by the board regarding the license holder's selection of clinical care for the treatment of tick-borne diseases; and
(2)  the license holder completed the course not more than two years before the start of the investigation.
(d)  The board may adopt other rules to implement this section, including rules under Section 301.303(c) for the approval of education programs and providers.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1092 (S.B. 1360), Sec. 3, eff. September 1, 2011.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1306 (H.B. 2975), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter G. License Renewal › Section 301.305. Continuing Education in Nursing Jurisprudence and Nursing Ethics

Sec. 301.305.  CONTINUING EDUCATION IN NURSING JURISPRUDENCE AND NURSING ETHICS.  (a)  As part of a continuing competency program under Section 301.303, a license holder shall complete at least two hours of continuing education relating to nursing jurisprudence and nursing ethics before the end of every third two-year licensing period.
(b)  The board shall adopt rules implementing the requirement under Subsection (a) in accordance with the guidelines for targeted continuing education under Section 301.303(g).
(c)  The board may not require a license holder to complete more than four hours of continuing education under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter G. License Renewal › Section 301.306. Forensic Evidence Collection Component in Continuing Education

Sec. 301.306.  FORENSIC EVIDENCE COLLECTION COMPONENT IN CONTINUING EDUCATION.  (a)  As part of continuing education requirements under Section 301.303, a license holder who is employed to work in an emergency room setting and who is required under board rules to comply with this section shall complete at least two hours of continuing education relating to forensic evidence collection not later than:
(1)  September 1, 2008; or
(2)  the second anniversary of the initial issuance of a license under this chapter to the license holder.
(b)  The continuing education required under Subsection (a) must be part of a program approved under Section 301.303(c).
(c)  The board shall adopt rules to identify the license holders who are required to complete continuing education under Subsection (a) and to establish the content of that continuing education.  The board may adopt other rules to implement this section, including rules under Section 301.303(c) for the approval of education programs and providers.
Added by Acts 2005, 79th Leg., Ch. 782 (S.B. 39), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter G. License Renewal › Section 301.307. Continuing Education in Older Adult or Geriatric Care

Sec. 301.307.  CONTINUING EDUCATION IN OLDER ADULT OR GERIATRIC CARE.  (a)  As part of a continuing competency program under Section 301.303, a license holder whose practice includes older adult or geriatric populations shall complete at least two hours of continuing education relating to older adult or geriatric populations or maintain certification in an area of practice relating to older adult or geriatric populations.
(b)  The board shall adopt rules implementing the requirement under Subsection (a) in accordance with the guidelines for targeted continuing education under Section 301.303(g).
(c)  The board may not require a license holder to complete more than six hours of continuing education under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1189 (S.B. 1058), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter G. License Renewal › Section 301.308. Continuing Education in Human Trafficking Prevention

Sec. 301.308.  CONTINUING EDUCATION IN HUMAN TRAFFICKING PREVENTION.  (a)  As part of a continuing competency program under Section 301.303, a license holder who provides direct patient care shall complete a human trafficking prevention course approved by the executive commissioner of the Health and Human Services Commission under Section 116.002.
(b)  The board shall adopt rules to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 796 (H.B. 2059), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter H. Practice by License Holder › Section 301.351. Designations

Sec. 301.351.  DESIGNATIONS.  (a)  A person who holds a license as a registered nurse under this chapter:
(1)  is referred to as a registered nurse; and
(2)  may use the abbreviation "R.N."
(b)  A person who holds a license as a vocational nurse under this chapter:
(1)  is referred to as a licensed vocational nurse or vocational nurse; and
(2)  may use the abbreviation "L.V.N." or "V.N."
(c)  While interacting with the public in a nursing role, each nurse shall wear a clearly legible insignia identifying the nurse as a registered or vocational nurse.  The insignia may not contain information other than:
(1)  the registered or vocational nurse designation;
(2)  the nurse's name, certifications, academic degrees, or practice position;
(3)  the name of the employing facility or agency, or other employer;
(4)  a picture of the nurse; or
(5)  any other information authorized by the board.
(d)  The board may adopt rules establishing specifications for the insignia.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.027, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 876, Sec. 5, eff. June 20, 2003.
Reenacted and amended by Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 6, eff. May 20, 2005.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter H. Practice by License Holder › Section 301.352. Protection for Refusal to Engage in Certain Conduct

Sec. 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.
(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 Section 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 Section 301.413.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.028, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 7, eff. May 20, 2005.
Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 3, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 21(2), eff. September 1, 2007.
Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Occupations Code › Title 3 - Health Professions › Subtitle E - Regulation of Nursing › Chapter 301 - Nurses › Subchapter H. Practice by License Holder › Section 301.353. Supervision of Vocational Nurse

Sec. 301.353.  SUPERVISION OF VOCATIONAL NURSE.  The practice of vocational nursing must be performed under the supervision of a registered nurse, physician, physician assistant, podiatrist, or dentist.
Added by Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 8, eff. May 20, 2005.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.