SRC-SLL S.B. 1081 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1081
By: Barrientos
Jurisprudence
4-21-97
As Filed


DIGEST 

Currently, the law provides limited protection for nurses who refuse to
engage in certain conduct. This bill will provide regulations regarding
peer review protections for registered nurses when advocating for patients
or refusing to engage in unsafe care and when an employer reports
inappropriate patient care. 

PURPOSE

As proposed, S.B. 1081 provides regulations regarding peer review
protections for registered nurses when advocating for patients or refusing
to engage in unsafe care and when an employer reports inappropriate
patient care. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Article 4525d, V.T.C.S.,  as follows:

Art.  4525d.  PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT

Sec.  1.  Prohibits a person from suspending, terminating, or otherwise
disciplining or discriminating against a registered nurse because the
nurse engages in certain conduct. Provides that an act by a person under
Subsection (a) does not constitute a violation of this article if a
nursing peer review committee finds that the act or omission was not an
act or omission that a reasonable, prudent registered nurse would not have
refused to commit. Makes a conforming change. 

Sec.  2.  Prohibits an employer, employment agency, employment
clearinghouse, or other person from providing certain information to
certain persons about a registered nurse. Requires this subsection to
apply regardless of whether the person states the conduct is reportable as
long as the act or omission described is conduct reportable under Section
1, Article 4525a.  Prohibits Subsection (a) from applying if a nursing
peer review committee has found the act or omission of the registered
nurse constitutes conduct reportable to the Board of Nurse Examiners under
Section 1, Article 4525a. 

Sec.  3.  Created from existing text.

Sec.  4.  Provides that a registered nurse has a cause of action against a
person violating this article.  Sets forth remedies.  Authorizes an action
under this article to be brought in certain district courts. 

Sec.  5.  Created from existing text.

SECTION 2. Effective date: September 1, 1997.


 SECTION 3. Emergency clause.