Bill Text: TX HB2426 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to certain rights and duties of nurses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-14 - Referred to Public Health [HB2426 Detail]
Download: Texas-2011-HB2426-Introduced.html
82R7114 NC-D | ||
By: Thompson | H.B. No. 2426 |
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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; [ |
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(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. |