86R11715 SOS-F
By: Klick H.B. No. 2410
A BILL TO BE ENTITLED
AN ACT
relating to a request for a nursing peer review determination.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 303.005, Occupations Code, is amended by
amending Subsections (b) and (d) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), if [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
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.
(b-1) If a nurse is unable to complete the form required by
Subsection (b) due to immediate patient care needs, the nurse may
orally request a determination by notifying the nurse's supervisor.
The nurse must submit the form required by Subsection (b) before
leaving the practice site.
(d) If a nurse requests a peer review determination under
Subsection (b) or (b-1) and refuses to engage in the requested
conduct pending the peer review, the determination of the peer
review committee shall be considered in any decision by the nurse's
employer to discipline the nurse for the refusal to engage in the
requested conduct, but the determination is not binding if a nurse
administrator believes in good faith that the peer review committee
has incorrectly determined a nurse's duty. This subsection does
not affect the protections provided by Subsection (c)(1) or Section
301.352.
SECTION 2. The changes in law made by this Act apply only to
conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurs, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.