Texas § OC.301.352 - PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT
Full text of Texas The Texas Constitution § OC.301.352 — PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT, with citation guidance and answers to common questions.
§ OC.301.352. PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT
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 ; (B) a minor incident; or (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 (e) Repealed by Acts 2007, 80th Leg., R.S., Ch. 803, Sec. 21(2), eff.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 . Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.028, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 113 (S.B. 1000 ), Sec. 7, eff. May 20, 2005. Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993 ), Sec. 3, eff. September 1, 2007. Acts 2007, 80th Leg., R.S., Ch. 803 (S.B. 993 ), Sec. 21(2), eff. September 1, 2007. Acts 2011, 82nd Leg., R.S., Ch. 877 (S.B. 192 ), Sec. 1, eff. September 1, 2011. Acts 2011, 82nd Leg., R.S., Ch. 878 (S.B. 193 ), Sec. 3, eff. September 1, 2011.
Source: official Texas text · Last verified 2026-08-27
Frequently Asked Questions About Texas § OC.301.352
What does The Texas Constitution § OC.301.352 cover?
Section OC.301.352 ("PROTECTION FOR REFUSAL TO ENGAGE IN CERTAIN CONDUCT") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § OC.301.352?
A common citation format is "The Texas Constitution § OC.301.352" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § OC.301.352 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.