82R7114 NC-D
By: Thompson H.B. No. 2426
A BILL TO BE ENTITLED
AN ACT
relating to certain rights and duties of nurses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter H, Chapter 301, Occupations Code, is
amended by adding Sections 301.357 and 301.358 to read as follows:
Sec. 301.357. DUTY TO ACT AS PATIENT ADVOCATE. A registered
nurse shall act as a patient's advocate and may engage in acts of
collective patient advocacy.
Sec. 301.358. DUTY TO ASSESS MEDICAL ORDER. A registered
nurse providing direct care to a patient shall assess a medical
order before the implementation of the order to determine if the
order is:
(1) issued by a person who is legally authorized to
issue the order; and
(2) in the best interest of the patient.
SECTION 2. Section 301.413(b), Occupations Code, is amended
to read as follows:
(b) A person may not suspend, terminate, or otherwise
discipline or discriminate against a person who:
(1) reports, without malice, under this subchapter;
(2) requests, in good faith, a nursing peer review
committee determination under Section 303.005; [or]
(3) refuses to engage in conduct as authorized by
Section 301.352;
(4) exercises the right of free speech relating to a
report filed under this subchapter, regardless of whether the
expression is made while on duty;
(5) engages, in good faith, in collective patient
advocacy; or
(6) refuses, in good faith, an unsafe assignment.
SECTION 3. Section 303.005, Occupations Code, is amended by
amending Subsection (b) and adding Subsection (c-1) to read as
follows:
(b) If a person who is required to establish a nursing peer
review committee under Section 303.0015 requests a nurse to engage
in conduct that the nurse believes violates a nurse's duty to a
patient, the nurse may:
(1) request, on a form developed or approved by the
board, a determination by a nursing peer review committee under
this chapter of whether the conduct violates a nurse's duty to a
patient; or
(2) refuse the request if the nurse believes, in good
faith, that the conduct is unsafe.
(c-1) A nurse who refuses to engage in conduct as provided
by Subsection (b)(2):
(1) may not be disciplined or discriminated against
for making the refusal;
(2) shall file a report under Section 301.4025 against
the person making the request under Subsection (a); and
(3) may not be disciplined by the board for refusing to
engage in that conduct.
SECTION 4. This Act takes effect September 1, 2011.