A nurse must report certain suspected misconduct or chemical-dependency impairment to the board, and reports must be written, signed, and include identifying information and any board-required details.
Sec. 301.402. MANDATORY REPORT BY NURSE. (a) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(3), eff. September 1, 2007. (b) A nurse shall report to the board in the manner prescribed under Subsection (d) if the nurse has reasonable cause to suspect that: (1) another nurse has engaged in conduct subject to reporting; or (2) the ability of a nursing student to perform the services of the nursing profession would be, or would reasonably be expected to be, impaired by chemical dependency. (c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(3), eff. September 1, 2007. (d) A report by a nurse under Subsection (b) must: (1) be written and signed; and (2) include the identity of the nurse or student and any additional information required by the board. (e) Instead of reporting to the board under Subsection (b), a nurse may make a report required under: (1) Subsection (b)(1) to a nursing peer review committee under Chapter 303; or (2) Subsection (b)(2) to the nursing educational program in which the student is enrolled. (f) A person may not suspend or terminate the employment of, or otherwise discipline, discriminate against, or retaliate against, a person who: (1) reports in good faith under this section; or (2) advises a nurse of the nurse's rights and obligations under this section. (g) A violation of Subsection (f) is subject to Section 301.413. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.030, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 876, Sec. 7, eff. June 20, 2003. Amended by: Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 10, eff. May 20, 2005. Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 7, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 8, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 21(3), eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 3, eff. September 1, 2011.