Tex. Occ. Code § 301.402 · Subchapter I. REPORTING VIOLATIONS AND PATIENT CARE CONCERNS
MANDATORY REPORT BY NURSE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(3), eff.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(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(3), eff.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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/OC/htm/OC.301.htm
- Text hash
- sha256 68be281832031eb91906dd6ba5b956f7acf0e4839d7a8b01e7992303b2dc82c4
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
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