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News: Legislation

TNA Opposes Legislation Lessening Whistleblower Protections

Tuesday, April 28, 2015   (2 Comments)
Posted by: Kat Hinson
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The Texas Nurses Association opposes SB 1813, by Sen. Lois Kolkhorst, which is being heard in the Senate Health and Human Services Committee on Wednesday, April 29.

 

Among other things, SB 1813 would mandate that the Texas Medical Board send to a physician, who has been reported to the board, an un-redacted copy of the complaint. It would be sent by personal delivery or certified mail and include the completed required fields -- the complainant’s name, address, email, and home and business phone numbers. 

 

This information is required regardless of whether the person making the report is a patient, family member, nurse, or anyone else. The form also requests, but does not require, the name and address of any physician from whom a patient got a second opinion.  

 

Providing to the reported physician this personal identifying information will discourage nurses, patients, and others from reporting physicians who are unsafe practitioners to the Medical Board.  That is simply bad public policy.  And personal identifying information is more than the individual’s name.  Individuals can easily be identified from addresses, phone numbers, and other information.

 

Retaliation is a real concern. The fact is that physicians are in a position of power within the healthcare environment and frequently have the ability to retaliate against a nurse who reports concerns about their practice.  The case of the two Winkler County nurses who were not only terminated but also indicted and arrested because they reported a physician to the Medical Board is simply too fresh in the minds of nurses throughout Texas.  

 

Requiring the Medical Board to send the nurse’s identifying information to the physician will have a chilling effect on reporting.  TNA and the other members of the Nursing Legislative Agenda Coalition are equally concerned that SB 1813 would require the Medical Board to disclose the identity of any patient or family member who reports a physician.  Nurses and patients must feel protected when reporting unsafe physicians.  

 

Contact members of the Senate Health & Human Services Committee to urge them to oppose the bill.

Comments...

Arlene M. Aliano says...
Posted Sunday, August 6, 2017
Not very many nurses or other health care workers are comfortable reporting physicians for much of anything but especially negligent care. With reporting negligent activities, they can usually get off just saying it's a difference of opinion and they are much more educated than we are. That may be true for some, however; it is the nurse that is watching over the patient 12 hours per day, possibly three days per week. That's more time than I normally would see my spouse when I was working at the bedside!
Barbara Hicks says...
Posted Wednesday, December 23, 2015
The lessening of the Whistleblower Protections would no doubt have a major impact on negligent physician and therefore would in time hinder the quality of patient care render in many facilities within the state of Texas. There are entirely to many people in the health care industry that would feel intimidated by possible retaliation for reporting negligent activities. This is an issue that all citizens in Texas need not take lightly.

Texas Nurses Association

Texas Affiliate of ANA | 8501 N. MoPac Expy. Suite 400, Austin TX

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