Section 301.352 - 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;(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by a contract.(d) An appropriate licensing agency may take action against a person who violates this section.(e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(2), eff.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.Amended By Acts 2011, 82nd Leg., R.S., Ch. 877, Sec. 1, eff. 9/1/2011.Amended By Acts 2011, 82nd Leg., R.S., Ch. 878, Sec. 3, eff. 9/1/2011.Amended By Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 3, eff. 9/1/2007.Amended By Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(2), eff. 9/1/2007.Amended By Acts 2005, 79th Leg., Ch. 113, Sec. 7, eff. 5/20/2005.Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.028, eff. 9/1/2003. Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. 9/1/1999.