Two registered nurses from Winkler County Memorial Hospital in Kermit, TX are being prosecuted for reporting complaints to the Texas Medical board about a physician’s standard of practice, according to the local CBS affiliate.

The American Nurses Association (ANA) has joined the Texas Nurses Association (TNA) to criticize the state’s response. Both associations worry about the precedent the action sets for future nurse whistle blowers who advocate for patient safety. An initial hearing on the nurses’ motions to dismiss the case was held July 15 but no ruling was made.

The nurses sent an anonymous letter to the Texas Medical Board. The Winkler County Sheriff’s Department then received a harassment complaint from the physician and initiated the investigation that resulted in criminal charges. The Texas Medical Board has notified the sheriff’s department that the complaints were confidential and not subject to subpoena. TNA has set up a fund for the nurses’ legal fees.

What do you think of this case, will it hold?