PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT

(a) A person may not suspend, terminate, or otherwise discipline, discriminate against, or retaliate against: (1) a nurse who refuses to engage in an act or omission as provided by Subsection (a-1); or (2) a person who advises a nurse of the nurse's rights under this section. (a-1) A nurse may refuse to engage in an act or omission relating to patient care that would constitute grounds for reporting the nurse to the board under Subchapter I, that constitutes a minor incident, or that violates this chapter or a board rule if the nurse notifies the person at the time of the refusal that the reason for refusing is that the act or omission: (1) constitutes grounds for reporting the nurse to the board; or (2) is a violation of this chapter or a rule of the board. (b) An act by a person under Subsection (a) does not constitute a violation of this section if a nursing peer review committee under Chapter 303 determines: (1) that the act or omission the nurse refused to engage in was not: (A) conduct reportable to the board under Section 301.403; (B) a minor incident; or (C) a violation of this chapter or a board rule; or (2) that: (A) the act or omission in which the nurse refused to engage was conduct reportable to the board, a minor incident, or a violation of this chapter or a board rule; and (B) the person: (i) rescinds any disciplinary or discriminatory action taken against the nurse; (ii) compensates the nurse for lost wages; and (iii) restores to the nurse any lost benefits. (c) A nurse's rights under this section may not be nullified by a contract. (d) An appropriate licensing agency may take action against a person who violates this section. (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(2), eff. September 1, 2007. (f) A violation of this section is subject to Section 301.413.