bill barring retaliation against doctors who report violations

The text as introduced · 847 words

89R15132 KKR-D

By: Oliverson
H.B. No. 4100

A BILL TO BE ENTITLED

AN ACT

relating to prohibited retaliation against a physician or health

care provider for reporting certain violations or taking certain

actions with respect to the provision of health care services;

providing a civil remedy.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle H, Title 4, Health and Safety Code, is

amended by adding Chapter 332 to read as follows:

CHAPTER 332. PROHIBITED RETALIATION AGAINST HEALTH CARE PROVIDERS

Sec. 332.001. DEFINITIONS. In this chapter:

(1) "Health care facility" means a public or private

organization, corporation, partnership, sole proprietorship,

association, agency, network, joint venture, or other entity that

provides health care services to patients. The term includes a

hospital, clinic, medical center, ambulatory surgical center,

private physician's office, pharmacy, nursing home, laboratory or

diagnostic facility, infirmary, dispensary, medical school,

nursing school, pharmacy school, or medical training facility.

(2) "Health care provider" means a nurse, nurse aide,

medical assistant, hospital employee, allied health professional,

counselor, therapist, laboratory technician, clinic employee,

nursing home employee, pharmacist, pharmacy employee, researcher,

medical, pharmacy, or nursing school student, professional,

paraprofessional, or, without regard to whether the person holds a

license, any other person who furnishes or assists in the

furnishing of a health care service.

(3) "Health care service" means any phase of patient

medical care or treatment. The term includes:

(A) examination, testing, diagnosis, referral,

prognosis, dispensing or administering a drug or device, ancillary

research, instruction, therapy, treatment, and preparing for or

performing a surgery or procedure; and

(B) record-making procedures, preparation of

treatment notes, and any other care or treatment rendered by a

physician, health care provider, or health care facility.

(4) "Physician" means an individual licensed to

practice medicine in this state.

Sec. 332.002. RETALIATION PROHIBITED. (a) A person,

including a health care facility, a political subdivision of this

state, a public official of this state, the Texas Medical Board or

another agency of this state, or a medical school or other

institution that conducts education or training programs for health

care providers may not take an adverse action against a physician or

health care provider because the physician or provider:

(1) except as prohibited by law, testifies, assists,

or participates in or is preparing to testify, assist, or

participate in a proceeding to present information about:

(A) any act or omission that the physician or

provider reasonably believes relates to a violation of a law, rule,

regulation, or ethical guideline with respect to the provision of

health care services;

(B) treatment practices or methods that may put

patient health at risk;

(C) a substantial and specific danger to public

health or safety;

(D) gross mismanagement or waste of funds; or

(E) abuse of authority;

(2) provides, causes to be provided, or is preparing

to provide or cause to be provided information described by

Subdivision (1) to:

(A) the physician's or provider's employer;

(B) the attorney general, the Health and Human

Services Commission, or any state agency charged with protecting

patients with respect to the provision of health care services and

public health and safety; or

(C) the United States Department of Health and

Human Services, the Office of Civil Rights of the United States

Department of State, or any other federal agency charged with

protecting patients with respect to the provision of health care

services and public health and safety; or

(3) engages in speech, expression, or association that

is protected from government interference, unless it is shown by

clear and convincing evidence that the physician's or provider's

speech, expression, or association was the direct cause of physical

harm to an individual with whom the physician or provider had a

practitioner-patient relationship during the three years

immediately preceding the incident of physical harm.

(b) Violations under this section include discrimination

against or taking an adverse action with regard to:

(1) licensure;

(2) certification;

(3) employment terms, benefits, seniority status,

promotion, or transfer;

(4) staff appointments or other privileges;

(5) denial of admission or participation in a program

for which the physician or health care provider is otherwise

eligible;

(6) imposition of a burden in the terms or conditions

of employment;

(7) denial of aid, assistance, or benefits;

(8) conditional receipt of the aid, assistance, or

benefits; or

(9) coercion or disqualification of the physician or

provider receiving aid, assistance, or benefits.

Sec. 332.003. CIVIL REMEDIES. (a) A physician or health

care provider who is injured by a violation of this chapter may

bring a civil action against another person, entity, or political

subdivision of this state that violates this chapter. A physician

or provider who brings an action under this section may obtain:

(1) injunctive relief;

(2) damages incurred by the physician or provider,

including:

(A) actual damages for all psychological,

emotional, and physical injuries resulting from the violation of

this chapter, as applicable;

(B) court costs; and

(C) reasonable attorney's fees; or

(3) both injunctive relief and damages.

(b) Governmental immunity is waived and abolished to the

extent of liability under this section.

SECTION 2. This Act takes effect September 1, 2025.