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Texas Occupations Code - Section 160.012. Discipline Or Discrimination Prohibited

Legal Research Home > Texas Laws > Occupations Code > Texas Occupations Code - Section 160.012. Discipline Or Discrimination Prohibited

§ 160.012. DISCIPLINE OR DISCRIMINATION PROHIBITED.  (a) 
A person may not suspend, terminate, or otherwise discipline or 
discriminate against a person who reports to the board under this 
subtitle.
	(b)  A person has a cause of action against a health care 
entity, or an owner or employee of a health care entity, that 
suspends or terminates the employment of the person or otherwise 
disciplines or discriminates against the person for reporting to 
the board under Section 160.002, 160.003, or 160.004.  The person 
may recover:
		(1)  the greater of:                                                          
			(A)  actual damages, including damages for mental 
anguish regardless of whether other injury is shown;  or
			(B)  $1,000;                                                                 
		(2)  exemplary damages;                                                       
		(3)  court costs;  and                                                        
		(4)  reasonable attorney's fees.                                              
	(c)  In addition to amounts recovered under Subsection (b), a 
person whose employment is suspended or terminated in violation of 
this section is entitled to:
		(1)  either:                                                                  
			(A)  reinstatement in the person's former 
position;  or                    
			(B)  severance pay in an amount equal to three 
months of the person's most current salary;  and
		(2)  compensation for wages lost during the period of 
suspension or termination.
	(d)  A person who brings an action under this section has the 
burden of proof.  It is a rebuttable presumption that the person's 
employment was suspended or terminated for reporting an act that 
imperils the welfare of a patient if:
		(1)  the person is suspended or terminated not later 
than the 90th day after the date of making a report in good faith;  
and
		(2)  the board or a court determines that the reported 
case made the subject of the cause of action was a case in which the 
person was required to report under Section 160.002, 160.003, or 
160.004.
	(e)  An action under this section may be brought in the 
district court of the county in which:
		(1)  the plaintiff resides;                                                   
		(2)  the plaintiff was employed by the defendant;  or                         
		(3)  the defendant conducts business.                                         

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

Last modified: August 11, 2007