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
 
 
 
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.
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