DLA(LEGAL) - EMPLOYEE PERFORMANCE: EVALUATION

End-of-Course Evaluations

Institutions of higher education, including college districts, shall conduct end-of-course student evaluations of faculty and shall develop a plan to make evaluations available on the institutions' websites. Education Code 51.974(h); 19 TAC 4.227(10), .228(e)

Nursing Peer Review Committee

A person shall establish a nursing peer review committee to conduct nursing peer review under Occupations Code Chapters 301 and 303:

  1. For vocational nurses, if the person regularly employs, hires, or contracts for the services of eight or more nurses; and
  2. For professional nurses, if the person regularly employs, hires, or contracts for the services of eight or more nurses, at least four of whom are registered nurses.

Occupations Code 303.0015(a)

Request for Nursing Peer Review Committee

If a nurse is unable to complete a nursing peer review committee request form required by Occupations Code 303.005(b) due to immediate patient care needs, the nurse may request a nursing peer review committee determination by orally notifying the nurse's supervisor of the request. After receiving oral notification of a request, the nurse's supervisor shall record in writing:

  1. The name of the nurse making the request;
  2. The date and time of the request;
  3. The location where the conduct or assignment that is the subject of the request occurred;
  4. The name of the person who requested the nurse engage in the conduct or made the assignment that is the subject of the request;
  5. The name of the supervisor recording the request;
  6. A brief explanation of why the nurse is requesting a nursing peer review committee determination; and
  7. A description of the collaboration between the nurse and the supervisor.

To be a valid request for a nursing peer review committee determination, the written record prepared under Occupations Code 303.005(b-2) must be signed and attested to by the requesting nurse and the nurse's supervisor who prepared the written record.

Occupations Code 303.005(b-1)-(b-2)

Definitions

Nursing Peer Review Committee

"Nursing peer review committee" means a committee established under the authority of the governing body of a national, state, or local nursing association, a school of nursing, the nursing staff of a hospital, health science center, nursing home, home health agency, temporary nursing service, or other health-care facility, or state agency or political subdivision for the purpose of conducting peer review. The committee includes an employee or agent of the committee, including an assistant, an investigator, an intervenor, an attorney, and any other person who serves the committee in any capacity.

Peer Review

"Peer review" means the evaluation of nursing services, the qualifications of a nurse, the quality of patient care rendered by a nurse, the merits of a complaint concerning a nurse or nursing care, and a determination or recommendation regarding a complaint. The term includes:

  1. The evaluation of the accuracy of a nursing assessment and observation and the appropriateness and quality of the care rendered by a nurse;
  2. A report made to a nursing peer review committee concerning an activity under the committee's review authority;
  3. A report made by a nursing peer review committee to another committee or to the board as permitted or required by law;
  4. Implementation of a duty of a nursing peer review committee by a member, an agent, or an employee of the committee; and
  5. The provision of information, advice, and assistance to nurses and other persons relating to:
    1. The rights and obligations of and protections for nurses who raise care concerns or report under Chapter 301 or other state or federal law;
    2. The rights and obligations of and protections for nurses who request nursing peer review under this chapter;
    3. Nursing practice and patient care concerns; and
    4. The resolution of workplace and practice questions relating to nursing and patient care.

Occupations Code 303.001(4)–(5)

Weatherford College

DLA(LEGAL)-LJC

UPDATE 37

DATE ISSUED: 12/5/2019