Texas 2025 - 89th Regular

Texas Senate Bill SB2043 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15132 KKR-D
2	2	By: Hughes S.B. No. 2043
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to prohibited retaliation against a physician or health
10	10	care provider for reporting certain violations or taking certain
11	11	actions with respect to the provision of health care services;
12	12	providing a civil remedy.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle H, Title 4, Health and Safety Code, is
15	15	amended by adding Chapter 332 to read as follows:
16	16	CHAPTER 332. PROHIBITED RETALIATION AGAINST HEALTH CARE PROVIDERS
17	17	Sec. 332.001. DEFINITIONS. In this chapter:
18	18	(1) "Health care facility" means a public or private
19	19	organization, corporation, partnership, sole proprietorship,
20	20	association, agency, network, joint venture, or other entity that
21	21	provides health care services to patients. The term includes a
22	22	hospital, clinic, medical center, ambulatory surgical center,
23	23	private physician's office, pharmacy, nursing home, laboratory or
24	24	diagnostic facility, infirmary, dispensary, medical school,
25	25	nursing school, pharmacy school, or medical training facility.
26	26	(2) "Health care provider" means a nurse, nurse aide,
27	27	medical assistant, hospital employee, allied health professional,
28	28	counselor, therapist, laboratory technician, clinic employee,
29	29	nursing home employee, pharmacist, pharmacy employee, researcher,
30	30	medical, pharmacy, or nursing school student, professional,
31	31	paraprofessional, or, without regard to whether the person holds a
32	32	license, any other person who furnishes or assists in the
33	33	furnishing of a health care service.
34	34	(3) "Health care service" means any phase of patient
35	35	medical care or treatment. The term includes:
36	36	(A) examination, testing, diagnosis, referral,
37	37	prognosis, dispensing or administering a drug or device, ancillary
38	38	research, instruction, therapy, treatment, and preparing for or
39	39	performing a surgery or procedure; and
40	40	(B) record-making procedures, preparation of
41	41	treatment notes, and any other care or treatment rendered by a
42	42	physician, health care provider, or health care facility.
43	43	(4) "Physician" means an individual licensed to
44	44	practice medicine in this state.
45	45	Sec. 332.002. RETALIATION PROHIBITED. (a) A person,
46	46	including a health care facility, a political subdivision of this
47	47	state, a public official of this state, the Texas Medical Board or
48	48	another agency of this state, or a medical school or other
49	49	institution that conducts education or training programs for health
50	50	care providers may not take an adverse action against a physician or
51	51	health care provider because the physician or provider:
52	52	(1) except as prohibited by law, testifies, assists,
53	53	or participates in or is preparing to testify, assist, or
54	54	participate in a proceeding to present information about:
55	55	(A) any act or omission that the physician or
56	56	provider reasonably believes relates to a violation of a law, rule,
57	57	regulation, or ethical guideline with respect to the provision of
58	58	health care services;
59	59	(B) treatment practices or methods that may put
60	60	patient health at risk;
61	61	(C) a substantial and specific danger to public
62	62	health or safety;
63	63	(D) gross mismanagement or waste of funds; or
64	64	(E) abuse of authority;
65	65	(2) provides, causes to be provided, or is preparing
66	66	to provide or cause to be provided information described by
67	67	Subdivision (1) to:
68	68	(A) the physician's or provider's employer;
69	69	(B) the attorney general, the Health and Human
70	70	Services Commission, or any state agency charged with protecting
71	71	patients with respect to the provision of health care services and
72	72	public health and safety; or
73	73	(C) the United States Department of Health and
74	74	Human Services, the Office of Civil Rights of the United States
75	75	Department of State, or any other federal agency charged with
76	76	protecting patients with respect to the provision of health care
77	77	services and public health and safety; or
78	78	(3) engages in speech, expression, or association that
79	79	is protected from government interference, unless it is shown by
80	80	clear and convincing evidence that the physician's or provider's
81	81	speech, expression, or association was the direct cause of physical
82	82	harm to an individual with whom the physician or provider had a
83	83	practitioner-patient relationship during the three years
84	84	immediately preceding the incident of physical harm.
85	85	(b) Violations under this section include discrimination
86	86	against or taking an adverse action with regard to:
87	87	(1) licensure;
88	88	(2) certification;
89	89	(3) employment terms, benefits, seniority status,
90	90	promotion, or transfer;
91	91	(4) staff appointments or other privileges;
92	92	(5) denial of admission or participation in a program
93	93	for which the physician or health care provider is otherwise
94	94	eligible;
95	95	(6) imposition of a burden in the terms or conditions
96	96	of employment;
97	97	(7) denial of aid, assistance, or benefits;
98	98	(8) conditional receipt of the aid, assistance, or
99	99	benefits; or
100	100	(9) coercion or disqualification of the physician or
101	101	provider receiving aid, assistance, or benefits.
102	102	Sec. 332.003. CIVIL REMEDIES. (a) A physician or health
103	103	care provider who is injured by a violation of this chapter may
104	104	bring a civil action against another person, entity, or political
105	105	subdivision of this state that violates this chapter. A physician
106	106	or provider who brings an action under this section may obtain:
107	107	(1) injunctive relief;
108	108	(2) damages incurred by the physician or provider,
109	109	including:
110	110	(A) actual damages for all psychological,
111	111	emotional, and physical injuries resulting from the violation of
112	112	this chapter, as applicable;
113	113	(B) court costs; and
114	114	(C) reasonable attorney's fees; or
115	115	(3) both injunctive relief and damages.
116	116	(b) Governmental immunity is waived and abolished to the
117	117	extent of liability under this section.
118	118	SECTION 2. This Act takes effect September 1, 2025.