Texas House Bill HB1373

Texas 2009 - 81st Regular

Caption

Relating to the waiver of sovereign immunity for claims based on retaliation against a nurse for engaging in protected patient advocacy activities.

Impact

The enactment of HB 1373 will empower nurses to stand up against retaliation without the barrier of sovereign immunity that previously protected governmental entities. By facilitating legal recourse, the legislation underscores the importance of patient advocacy and reinforces the protections granted to healthcare professionals under state law. This change is expected to encourage nurses to engage in advocacy without fear of retaliation, thereby promoting better patient care and safety standards.

Summary

House Bill 1373 aims to address the issue of retaliation against nurses who engage in protected patient advocacy activities. The bill amends Section 301.413 of the Occupations Code to include provisions that allow nurses employed by or contracting with state or local governmental entities to sue these entities for retaliation. This marks a significant change in the legal landscape by waiving the sovereign immunity of governmental entities for such claims, enabling nurses to seek relief in state court for specific grievances related to their advocacy efforts.

Contention

One notable point of contention regarding HB 1373 is its potential implications for governmental entities and the healthcare system as a whole. Opponents may argue that allowing lawsuits against state and local entities could lead to an increase in litigation, straining public resources and potentially impacting the operations of healthcare services. Supporters, however, contend that the importance of protecting nurses who advocate for patient rights far outweighs these concerns, as it fosters an environment where patient care is prioritized over institutional comfort.