Texas § OC.160.012 - DISCIPLINE OR DISCRIMINATION PROHIBITED

§ OC.160.012. DISCIPLINE OR DISCRIMINATION PROHIBITED

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, Sec. 1, eff. Sept. 1, 1999.