Protection AGAINST Group One HR Solutions?

[automan2013]

Hello fellow nurses. By now you may have heard about this "credit reporting agency" called Group One HR Solutions. Due to some due diligence I have recently uncovered some interesting laws that Texas nurses are SUPPOSED to receive.

The first thing I discovered recently is this: look this stuff up by googling it please

Tex LA. Code ANN. 103.003 (b) "an employer may not disclose information about a licensed nurse or LVN that relates to conduct that is protected under sections 301.352 or 303.005 occupations code". Further, "The employer must provide an affected nurse an opportunity to submit a statement of reasonable length to the employer to establish the application of Section 301.352 or 303.005, Occupations Code".

The second thing I discovered was this:

Texas Statutes - Section 303.005: REQUEST FOR PEER REVIEW COMMITTEE DETERMINATION:

Texas Statutes - Section 303.005 (h) and (i)

(h)

"A person may not suspend or terminate the employment of, or otherwise discipline or discriminate against, a nurse who in good faith requests a peer review determination under this section or a person who advises a nurse of the nurse's right to request a determination or of the procedures for requesting a determination. A violation of this subsection is subject to Section 301.413

(i)

"A person who is required to provide, on request, a nursing peer review committee determination under Subsection (b) shall adopt and implement a policy to inform nurses of the right to request a nursing peer review committee determination and the procedure for making a request".

Please keep in mind this is not legal advice. I am merely stating the statutes as they are written. The gist of it is that if an is terminated for any reason given that may fall under a nursing CONDUCT ISSUE is supposed to be afforded a peer review for the alleged conduct. Further the statute also states that they CANNOT TAKE ANY ADVERSE ACTION while the case is pending.

(b) A person may not suspend or terminate the employment of, or otherwise discipline or discriminate against, a person who reports, without malice, under this subchapter.

Well I thought that made for some very interesting reading. Please take a look at those statutes yourself and see what you think.

Thanks,

Good Luck

[HouTx, BSN, MSN, EdD]

Very interesting. Thanks for providing this reference. As I understand it, our peer review & NPA conduct rules pertain only to clinical performance -- if an organization takes action due to 'other' issues such as attendance, compliance to P&P, insubordination, etc., it would fall outside this limitation. Hopefully, smarter folks will wade in and provide additional information.

[CrazyCoconut]

First time hearing about it. Hope you win your fight!