Sec. 301.416.  INVESTIGATION.  (a)  Except as provided by Subsections (b) and (c), a report under this subchapter shall be treated as a complaint under Section 301.457.
(b)  If the board determines that the reported conduct does not indicate that the continued practice of nursing by the nurse poses a risk of harm to a client or other person, the board, with the written consent of the nurse and the person making the report, may elect not to proceed with an investigation or to file formal charges.  The board shall:
(1)  maintain a record of the report;  and
(2)  investigate the report if it receives two or more reports involving separate incidents regarding the nurse in any five-year period.
(c)  The board is not required to investigate a report filed by an insurer under Section 301.408, but shall:
(1)  maintain a record of the report;  and
(2)  investigate the report if it receives two or more reports involving separate incidents regarding the nurse in any five-year period.
Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.041, eff. Sept. 1, 2003.