Nursing Peer Review

Mandatory facility based Nursing Peer Review is a unique feature in Texas. The basic concept of Nursing Peer Review is to evaluate the merits of a complaint concerning a nurse or nursing care by evaluating the qualifications of a nurse and the quality of the patient care. There are two types of nursing peer review:

• Safe harbor peer review: Initiated by the nurse prior to accepting an assignment. Invocation of Safe harbor by the nurse protects the nurse from licensure action by the Texas Board of Nursing and retaliatory action by the employer.

• Incident-based peer review: Initiated by the facility in response to an incident. Notice and due process rights are required.

• The peer review committee has independent authority to report the nurse to the Texas Board of Nursing;
• However, the peer review committed does not have independent authority to make employment or disciplinary decisions. That authority is vested in the employer.
• If an employer terminates a nurse, suspends a nurse for more than seven days or takes substantive disciplinary action against the nurse, the employer must report the nurse to the Texas Board of Nursing

• Protect your rights under nursing peer review – contact a license defense attorney.