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A BILL TO BE ENTITLED
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AN ACT
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relating to certain rights and duties of nurses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter H, Chapter 301, Occupations Code, is |
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amended by adding Sections 301.357 and 301.358 to read as follows: |
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Sec. 301.357. DUTY TO ACT AS PATIENT ADVOCATE. A registered |
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nurse shall act as a patient's advocate and may engage in acts of |
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collective patient advocacy. |
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Sec. 301.358. DUTY TO ASSESS MEDICAL ORDER. A registered |
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nurse providing direct care to a patient shall assess a medical |
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order before the implementation of the order to determine if the |
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order is: |
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(1) issued by a person who is legally authorized to |
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issue the order; and |
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(2) in the best interest of the patient. |
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SECTION 2. Section 301.413(b), Occupations Code, is amended |
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to read as follows: |
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(b) A person may not suspend, terminate, or otherwise |
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discipline or discriminate against a person who: |
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(1) reports, without malice, under this subchapter; |
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(2) requests, in good faith, a nursing peer review |
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committee determination under Section 303.005; [or] |
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(3) refuses to engage in conduct as authorized by |
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Section 301.352; |
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(4) exercises the right of free speech relating to a |
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report filed under this subchapter, regardless of whether the |
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expression is made while on duty; |
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(5) engages, in good faith, in collective patient |
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advocacy; or |
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(6) refuses, in good faith, an unsafe assignment. |
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SECTION 3. Section 303.005, Occupations Code, is amended by |
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amending Subsection (b) and adding Subsection (c-1) to read as |
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follows: |
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(b) If a person who is required to establish a nursing peer |
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review committee under Section 303.0015 requests a nurse to engage |
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in conduct that the nurse believes violates a nurse's duty to a |
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patient, the nurse may: |
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(1) request, on a form developed or approved by the |
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board, a determination by a nursing peer review committee under |
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this chapter of whether the conduct violates a nurse's duty to a |
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patient; or |
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(2) refuse the request if the nurse believes, in good |
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faith, that the conduct is unsafe. |
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(c-1) A nurse who refuses to engage in conduct as provided |
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by Subsection (b)(2): |
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(1) may not be disciplined or discriminated against |
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for making the refusal; |
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(2) shall file a report under Section 301.4025 against |
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the person making the request under Subsection (a); and |
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(3) may not be disciplined by the board for refusing to |
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engage in that conduct. |
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SECTION 4. This Act takes effect September 1, 2011. |