Tex. Occ. Code § 301.4025

Optional Report By Nurse

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Sec. 301.4025. OPTIONAL REPORT BY NURSE. (a) In a written, signed report to the appropriate licensing board or accrediting body, 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:

(1) minimum standards of acceptable and prevailing professional practice, for a report made regarding a practitioner; or

(2) statutory, regulatory, or accreditation standards, for a report made regarding an agency or facility.

(b) 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.

(c) 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 right to report under this section.

(d) A violation of Subsection (c) is subject to Section 301.413.

Added by Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993), Sec. 9, eff. September 1, 2007.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192), Sec. 4, eff. September 1, 2011.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2013–2023 · leading case: Castillo v. Brownsville-Valley Regional Medical Center, Inc.

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Castillo v. Brownsville-Valley Regional Medical Center, Inc. (2013) texapp · cites it 3× “Laws 1662 , 1664-65 (amended 2011) (current version at Tex. Occ.Code Ann. § 301.4025 (West 2012)) 4 ; 22 Tex.”

Katrina Hudson v. Senior Living Properties, LLC (2015) texapp · cites it 2× “3 Texas Occupations Code Section 301.4025 provides “(a) In a written, signed report to the appropriate licensing board or accrediting body, a nurse may report a licensed health care practitioner, agency, or facility that the nurse has reasonable cause to believe has exposed a…”

Ramiro Castillo, Rogelio Garza Jr., Stephanie v. Gonzalez, Brenda Saenz, Lynda Valdez, Cleofe Vasquez, and Juan M. Vela (2013) texapp · cites it 2× “Laws 1662 , 1664–65 (amended 2011) (current version at TEX. OCC. CODE ANN. § 301.4025 (West 2012)) 4 ; 22 TEX.”

Stephanie D. Crawford v. Texas Heart Hospital of the Southwest LLP D/B/A the Heart Hospital of Baylor Plano (2019) texapp “TEX. OCC. CODE § 301.4025(b). A report is made in good faith if the reporting nurse believed that the report was required or authorized and there was a reasonable factual or legal basis for that belief.”

Scott & White Memorial Hospital D/B/A Baylor Scott & White McLane Children's Medical Center A/K/A Baylor Scott & White H (2023) tex “134 (prohibiting hospitals from terminating an employee for reporting a violation of law); TEX. OCC. CODE §§ 301.4025 (prohibiting a nurse’s employer from terminating a nurse who reports a failure of care causing substantial risk to a patient), .”

— Tex. Occ. Code § 301.4025(b) — 1 case

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