TX NJE Mandatory Reporting Requirements 2 — Questions and Answers
Question 1: A Texas nurse receives a malpractice settlement payment on their behalf. The nurse must report this settlement to the Texas BON within how many days?
- 10 days
- 30 days (Correct answer)
- 60 days
- 180 days
Correct answer: 30 days
Texas Occupations Code requires nurses to report malpractice settlements made on their behalf to the BON within 30 days.
Question 2: In Texas, reports of suspected child abuse or neglect by a nurse should be made to:
- Texas Board of Nursing
- Texas Department of Family and Protective Services (DFPS) (Correct answer)
- Local hospital administration only
- Texas Medical Board
Correct answer: Texas Department of Family and Protective Services (DFPS)
The Texas Department of Family and Protective Services (DFPS) is the designated agency to receive all reports of suspected child abuse or neglect in Texas.
Question 3: A nurse who reports unsafe nursing practice to the Texas BON and is subsequently terminated by the employer may be protected under:
- The Texas Whistleblower Act and Occupations Code anti-retaliation provisions (Correct answer)
- HIPAA privacy regulations
- The Americans with Disabilities Act (ADA)
- Federal OSHA standards only
Correct answer: The Texas Whistleblower Act and Occupations Code anti-retaliation provisions
Texas law, including the Occupations Code anti-retaliation provisions, protects nurses who report violations from retaliation such as termination by their employer.
Question 4: A nurse discovers a coworker diverting controlled substances from the medication cart. The nurse's FIRST legal obligation is to:
- Report directly to the DEA
- Secure the medication cart and report to the charge nurse or supervisor (Correct answer)
- Confront the coworker and document the conversation
- Contact the patient whose medications were diverted
Correct answer: Secure the medication cart and report to the charge nurse or supervisor
The immediate priority is patient safety and internal reporting to a supervisor, who will initiate proper procedures including notification of appropriate authorities.
Question 5: Under Texas law, which of the following does NOT need to be reported to the Texas BON?
- A nurse's arrest for driving while intoxicated
- A nurse's revocation of licensure in another state
- A nurse's minor traffic citation with no arrest (Correct answer)
- A malpractice judgment paid on a nurse's behalf
Correct answer: A nurse's minor traffic citation with no arrest
Minor traffic citations that do not result in an arrest or conviction involving moral turpitude are generally not reportable to the BON.
Question 6: A peer review committee in Texas determines that a nurse's conduct was potentially unsafe but does not report it to the BON. Which statement best describes this situation?
- Peer review committees have absolute discretion over whether to report to the BON
- The committee may be in violation of mandatory reporting requirements under Texas law (Correct answer)
- Only the BON can initiate investigations without peer review committee referral
- Peer review findings are always confidential and never reportable
Correct answer: The committee may be in violation of mandatory reporting requirements under Texas law
Texas law establishes specific circumstances where peer review committees are required to report unsafe nurse conduct to the BON, and failure to do so may violate mandatory reporting obligations.
Question 7: A Texas nurse who reports a peer's suspected impairment to the BON in good faith later learns the suspicion was unfounded. The nurse faces:
- Automatic license suspension for making a false report
- Potential civil liability to the reported nurse
- No legal liability, as good faith reporting provides immunity (Correct answer)
- A mandatory ethics hearing before the BON
Correct answer: No legal liability, as good faith reporting provides immunity
Texas law protects good faith reporters from civil liability even if the report ultimately proves unfounded, as long as the report was made honestly and without malice.
TX NJE Mandatory Reporting Requirements 2
A Texas nurse receives a malpractice settlement payment on their behalf.
The nurse must report this settlement to the Texas BON within how many days?