1. (a) In this section, "duty to a patient" means conduct required by standards of practice or professional conduct adopted by the board for nurses. The term includes administrative decisions directly affecting a nurse's ability to comply with that duty.
2. (b) If a person who regularly employs, hires, or otherwise contracts for the services of at least 10 nurses requests one of those nurses to engage in conduct that the nurse believes violates a nurse's duty to a patient, the nurse may request, on a form developed or approved by the board, a determination by a nursing peer review committee under this chapter of whether the conduct violates a nurse's duty to a patient.

3. (c) A nurse who in good faith requests a peer review determination under Subsection (b):

   1. (1) may not be disciplined or discriminated against for making the request;
   2. (2) may engage in the requested conduct pending the peer review;
   3. (3) is not subject to the reporting requirement under Subchapter I, Chapter 301; and
   4. (4) may not be disciplined by the board for engaging in that conduct while the peer review is pending.
4. (d) The determinations of the peer review committee shall be considered in a decision to discipline the nurse, but the determinations are not binding if a nurse administrator believes in good faith that the peer review committee has incorrectly determined a nurse's duty.
5. (e) If the conduct for which the peer review is requested under Subsection (b) involves the medical reasonableness of a physician's order, the medical staff or medical director shall be requested to make a determination as to the medical reasonableness of the physician's order, and that determination is determinative of that issue.
6. (f) A nurse's rights under this section may not be nullified by a contract.
7. (g) An appropriate licensing agency may take action against a person who violates this section.
8. (h) A person is not required to provide a peer review determination under this section for a request made by a registered nurse, unless the person regularly employs, hires, or otherwise contracts for the services of at least five registered nurses.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 2.021, eff. June 20, 2003;

Acts 2003, 78th Leg., ch. 876, Sec. 10, eff. Feb. 1, 2004.

Acts 2005, 79th Leg., Ch. 113 (S.B. 1000), Sec. 16, eff. May 20, 2005.