RULE §133.43 Discrimination or Retaliation Standards


Published: 2015

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(a) Posting requirements for reporting a violation of law. In accordance with Health and Safety Code (HSC), §161.134(j) and §161.135(h), each hospital shall prominently and conspicuously post for display in a public area of the hospital that is readily visible to patients, residents, employees, and visitors a statement that nonemployees, employees and staff are protected from discrimination or retaliation for reporting a violation of law. The statement shall be in English and in a second language appropriate to the demographic makeup of the community served. (b) Discrimination relating to employee reporting a violation of law. In accordance with HSC, §161.134(a), and §133.41(o)(2)(I)(i)(III) of this title (relating to Hospital Functions and Services), a hospital may not suspend or terminate the employment of, discipline, or otherwise discriminate against an employee for reporting in good faith to the employee's supervisor, an administrator of the hospital, a state or federal regulatory agency, a national accrediting organization or a law enforcement agency a violation of law, including a violation of the Act or this chapter. For purposes of this subsection, a report is not made in good faith if there is not a reasonable factual or legal basis for making the report. (c) Retaliation relating to nonemployee reporting a violation of law. In accordance with HSC, §161.135(a), a hospital may not retaliate against a person who is not an employee for reporting a violation of law, including a violation of the Act or this chapter.

Source Note: The provisions of this §133.43 adopted to be effective June 21, 2007, 32 TexReg 3587