| (B) The nurse has no reason to believe the incident-based
nursing peer review committee made its determination in bad faith.
(2) A nurse may not be suspended, terminated, or otherwise
disciplined, retaliated, or discriminated against for filing a report
in good faith under this section and TOC §301.402(f) (retaliation
for a report made in good faith prohibited) or advising a nurse of
the nurse's rights and obligations under this section and §301.402(f).
A violation of this subsection or TOC §301.402(f) is subject
to TOC §301.413 that provides a nurse the right to file a civil
suit to recover damages. The nurse may also file a complaint with
the regulatory agency that licenses or regulates the nurse's practice
setting. The BON does not have regulatory authority over practice
settings or civil liability.
(k) State Agency Duty to Report. A state agency that
has reason to believe that a nurse has engaged in conduct subject
to reporting shall report the nurse in writing to:
(1) the Board; or
(2) the applicable nursing peer review committee in
lieu of reporting to Board.
(l) Integrity of Incident-Based Nursing Peer Review
Process.
(1) Incident-based nursing peer review must be conducted
in good faith. A nurse who knowingly participates in incident-based
nursing peer review in bad faith is subject to disciplinary action
by the Board.
(2) The CNO or nurse administrator of a facility, association,
school, agency, or of any other setting that utilizes the services
of nurses is responsible for knowing the requirements of this rule
and for taking reasonable steps to assure that incident-based nursing
peer review is implemented and conducted in compliance with the NPA,
NPR Law, and this section.
(3) A determination by an incident-based nursing peer
review committee, a CNO, nurse administrator, or an individual nurse
to report a nurse to the Board cannot be overruled, dismissed, changed,
or reversed. An incident-based nursing peer review committee, CNO,
and individual nurse each have a separate responsibility to protect
the public by reporting a nurse to the Board as set forth in TOC §§301.402,
301.405, 217.11(1)(K) of this title, and this section.
(m) Reporting Conduct of other Practitioners or Entities:
Whistleblower Protections.
(1) This section does not expand the authority of any
incident-based nursing peer review committee or the Board to make
determinations outside the practice of nursing.
(2) In a written, signed report to the appropriate
licensing Board or accrediting body, and in accordance with TOC §301.4025
(report of unsafe practices of non-nurse entities), a nurse may report
a licensed health care practitioner, agency, or facility that the
nurse has reasonable cause to believe has exposed a patient to substantial
risk of harm as a result of failing to provide patient care that conforms
to:
(A) minimum standards of acceptable and prevailing
professional practice, for a report made regarding a practitioner;
or
(B) statutory, regulatory, or accreditation standards,
for a report made regarding an agency or facility.
(3) A nurse may report to the nurse's employer or another
entity at which the nurse is authorized to practice any situation
that the nurse has reasonable cause to believe exposes a patient to
substantial risk of harm as a result of a failure to provide patient
care that conforms to minimum standards of acceptable and prevailing
professional practice or to statutory, regulatory, or accreditation
standards. For purposes of this subsection, an employer or entity
includes an employee or agent of the employer or entity.
(4) A person may not suspend or terminate the employment
of, or otherwise discipline, retaliate, or discriminate against, a
person who reports, in good faith, under this subsection or who advises
a nurse of the nurse's rights and obligations under this subsection.
A violation of this subsection is subject to TOC §301.413 (NPA)
that provides a nurse the right to file a civil suit to recover damages.
The nurse may also file a complaint with the regulatory agency that
licenses or regulates the nurse's practice setting. The BON does not
have regulatory authority over practice settings or civil liability.
|
| Source Note: The provisions of this §217.19 adopted to be effective May 11, 2008, 33 TexReg 3633; amended to be effective January 9, 2012, 37 TexReg 62; amended to be effective April 26, 2018, 43 TexReg 2413 |
