Tex. Codes » Occupations Code · TITLE 3. HEALTH PROFESSIONS · SUBTITLE E. REGULATION OF NURSING · CHAPTER 301. NURSES
Texas Codes

Tex. Occ. Code § 301.401 (2026)

Definitions

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Sec. 301.401. DEFINITIONS. In this subchapter:

(1) "Conduct subject to reporting" means conduct by a nurse that:

(A) violates this chapter or a board rule and contributed to the death or serious injury of a patient;

(B) causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse;

(C) constitutes abuse, exploitation, fraud, or a violation of professional boundaries; or

(D) indicates that the nurse lacks knowledge, skill, judgment, or conscientiousness to such an extent that the nurse's continued practice of nursing could reasonably be expected to pose a risk of harm to a patient or another person, regardless of whether the conduct consists of a single incident or a pattern of behavior.

(2) "Minor incident" means conduct by a nurse that does not indicate that the nurse's continued practice poses a risk of harm to a patient or another person. This term is synonymous with "minor error" or "minor violation of this chapter or board rule."

(3) "Nursing educational program" means an educational program that is considered approved by the board that may lead to an initial license as a registered nurse or vocational nurse.

(4) "Nursing student" means an individual who is enrolled in a nursing educational program.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.029, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 876, Sec. 6, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 9, eff. May 20, 2005.

Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 6, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 999 (H.B. 3961), Sec. 9, eff. June 19, 2009.

Notes of Decisions
Cited in 2 cases, 2013–2015 · leading case: Duffie v. Wichita Cnty., 990 F. Supp. 2d 695 (N.D. Tex. 2013).
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Duffie v. Wichita Cnty., 990 F. Supp. 2d 695 (N.D. Tex. 2013). “Plaintiffs’ State Law Claims In addition to Plaintiffs’ § 1983 claims, Plaintiffs allege that the County and Officer Defendants have violated Texas Occupations Code § 301.401 et seq., which provides in relevant part: “[A] person may not suspend or terminate the employment of, or…”
Maria Zamarripa v. Bay Area Health Care Grp., Ltd., No. 13-15-00024-CV (Tex. App.—Corpus Christi July 6, 2015). “(v) except for minor incidents (Texas Occupations Code §§ 301.401(2), 301.”
Tex. Occ. Code § 301.401(2): 1 case
Maria Zamarripa v. Bay Area Health Care Grp., Ltd., No. 13-15-00024-CV (Tex. App.—Corpus Christi July 6, 2015). “(v) except for minor incidents (Texas Occupations Code §§ 301.401(2), 301.”
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