Remember that nurses have rights! Nurses are obligated to protect patients and report potential violations or misconduct. A nurse’s license could be at risk if he/she fails to act appropriately. The Texas legislature has created laws to protect nurses in their employment to discourage retaliation for their compliance with the Nursing Practice Act and other laws.
Key Laws That All Nurses Should Be Aware Of
Section 301.352 of the Texas Occupations Code prevents an employer from suspending, terminating, or otherwise disciplining, discriminating against, or retaliating against a nurse who refuses to engage in an act/omission relating to patient care that would result in a violation of the Nurse Practices Act or a board rule (as long as the nurse notifies the person at the time of refusal the reason for the refusal).
A violation of any of the above three sections could result in significant liability to an employer, specifically:
- The greater of either a) actual damages, including mental anguish, or b) $5,000;
- Compensation for lost wages during any period of suspension or termination;
- Reinstatement (or three month’s severance pay);
- Exemplary (punitive) damages; and
- Court costs and attorney’s fees.
Section 261.110 of the Texas Family Code prevents an employer from suspending, terminating, or otherwise discriminating against a nurse (or other professional) who reports child abuse or neglect. A violation of this section could also result in substantial damages, including actual damages, exemplary damages (for a private employer), and court costs and attorney’s fees.