TX NJE - Texas Nursing Jurisprudence Nursing Peer Review Process Questions and Answers

Question 1

A nurse is notified that their practice is being evaluated by an incident-based nursing peer review committee.
According to the Texas Administrative Code, which of the following represents a fundamental due process right afforded to the nurse during this process?

Accepted Answer

The right to be present when testimony is being presented and to question witnesses.

Answer

The right to have legal counsel paid for by the facility.

Answer

The right to receive written notice of the committee's findings no more than 5 calendar days after the review is complete.

Answer

The right to have the peer review proceedings paused indefinitely upon the nurse's request.

Question 2

A hospital that regularly employs 30 nurses, including 20 RNs and 10 LVNs, establishes a nursing peer review committee. According to the Texas Occupations Code, what is the primary purpose of this committee?

Accepted Answer

To evaluate nursing services and determine if a nurse's conduct requires reporting to the Board of Nursing.

Answer

To determine the nurse's employment status and issue disciplinary action.

Answer

To mediate workplace disputes between nurses and other healthcare professionals.

Answer

To approve and oversee continuing nursing education (CNE) for the facility's staff.

Question 3

A nurse believes an assignment from a supervisor would violate their duty to a patient and could potentially violate the Nursing Practice Act. To be protected from employer retaliation, the nurse invokes Safe Harbor. When must the nurse invoke this protection?

Accepted Answer

Prior to engaging in the conduct or assignment for which peer review is requested.

Answer

Within 24 hours after completing the assignment.

Answer

At any point during the nurse's employment at the facility.

Answer

After discussing the concern with the patient's family.

Question 4

An incident-based peer review committee is convened to review the practice of a Registered Nurse (RN). Which of the following is a specific requirement for the composition of this committee according to the Nursing Practice Act?

Accepted Answer

At least two-thirds of the members must be Registered Nurses, and only RNs may vote.

Answer

The committee must be chaired by a physician.

Answer

The majority of members must be from outside the employing facility to ensure impartiality.

Answer

Exactly half the members must be LVNs and half must be RNs.

Question 5

Which of the following situations would obligate a home health agency that regularly employs 12 nurses (7 RNs, 5 LVNs) to conduct an incident-based nursing peer review?

Accepted Answer

A nurse commits five minor incidents within a 12-month period.

Answer

A nurse requests a schedule change due to personal reasons.

Answer

A physician disagrees with a nurse's documented assessment.

Answer

A patient provides a positive satisfaction survey about a nurse.

Question 6

A nurse serves on a nursing peer review committee and participates in the evaluation of a colleague's practice. The committee proceedings are conducted in good faith. What protection is this nurse afforded under the Texas Occupations Code?

Accepted Answer

Immunity from civil liability for any act or recommendation made without malice during the peer review process.

Answer

Guaranteed promotion within the facility for their service.

Answer

Complete anonymity, where their identity is never revealed to the nurse being reviewed.

Answer

The authority to independently report the nurse to the BON, regardless of the committee's findings.