Mandatory Meals and Rest Periods for Texas Registered Nurses and Allied Health Professionals

A Brief on The Intersection of Research and Ethics


  • Anh Tuyet Le Texas Woman's University PhD Nursing Program; MD Anderson Cancer Center


Law, Education, Nursing, Baccalaureate, Hospital, Quality of Health Care, Bills


Despite working in a mentally and physically challenging environment, no protection is defined in state or federal laws to mandate nutrition and rest periods. This ethical dilemma puts nurses’ health and patients’ safety in jeopardy. If the nurse takes a break, it might prevent continuous, uninterrupted patient care. However, if the nurse does not take a break, she jeopardizes her health and the patient’s safety. Similarly, allied health professionals have experienced the same conundrum. This brief will discuss research that supports mandatory nutrition and rest periods and the research that supports the safety and wellness of patients, nurses, and other allied health professionals in Texas.


American Hospital Association. (2022, December). Workforce shortages delay patient discharges and exacerbate providers’ severe financial challenges.

Andel, C., Davidow, S. L., Hollander, M., & Moreno, D. A. (2012). The economics of health care quality and medical errors. Journal of Health Care Finance, 39(1), 39–50.

Barzegar Safari, M., Bahadori, M., & Alimohammadzadeh, K. (2020). The related factors of nurses’ participation and perceived benefits and barriers in health policy making. Journal of Nursing Research, 28(4): p e103.

Bernazzani, S. (2015, October 5). Tallying the high cost of preventable harm. Costs of Care.

Brown, S., Whichello, R., & Price, S. (2018). The impact of resiliency on nurse burnout: An integrative literature review. MedSurg Nursing, 27(6), 349.

Gallup. (2023, January 10). Nurses retain top ethics rating in U.S., but below 2020 high.

Horton Dias, C., & Dawson, R. M. (2020). Hospital and shift work influences on nurses’ dietary behaviors: A qualitative study. Workplace Health & Safety, 68(8), 374–383.

Johns Hopkins Medicine. (2016, May 3). Study suggests medical errors now third leading cause of death in the U.S.

Kelly, L. A., Gee, P. M., & Butler, R. J. (2021). Impact of nurse burnout on organizational and position turnover. Nursing Outlook, 69(1), 96–102.

Kim, S., Cho, S., & Park, Y. (2022). Daily microbreaks in a self-regulatory resources lens: Perceived health climate as a contextual moderator via microbreak autonomy. The Journal of Applied Psychology, 107(1), 60–77.

KRC Research. (2018). Take Back the Lunch Break survey findings. TORK.

Mello, M. M., Studdert, D. M., Thomas, E. J., Yoon, C. S., & Brennan, T. A. (2007). Who pays for medical errors? An analysis of adverse event costs, the medical liability system, and incentives for patient safety improvement. Journal of Empirical Legal Studies, 4(4), 835-860.

Mitchell, G. (2020, October 1). More than 4,500 speaking up cases raised by nurses. Nursing Times.

Nejati, A., Shepley, M., & Rodiek, S. (2016). A review of design and policy interventions to promote nurses’ restorative breaks in health care workplaces. Workplace Health & Safety, 64(2), 70–78.

Nintunze, G. (2023, February 14). 27 organizations join to announce nursing shortage reduction coalition [Press release]. Texas Nurses Association.,not%20offered%20admission%20in%202021.

NSI Nursing Solutions. (2023). 2023 NSI National health care retention & RN staffing report.

Sixel, L. M. (2016a, January 8). Lawsuit challenges unpaid life flight lunch breaks. Houston Chronicle.

Sixel, L. M. (2016b, June 29). Texas nurses sue over working lunches. Houston Chronicle.

Texas Board of Nursing. (n.d.). Mission and values.

Texas Health and Human Services. (2020). Updated nurse supply and demand projections 2018-2032 (Publication No. 25-157520). Texas Department of State Health Services.

Texas Health and Human Services. (2022). 2022 Workplace violence against nurses - Employer survey (Publication No. 25-16714). Texas Department of State Health Services.

The Law Firm of Josh Borsellino. (2019, February 19). Nurses sue for mandatory meal breaks, alleging unpaid OT.

The National Institute for Occupational Safety and Health (NIOSH). (2020, March 31). Module 3: Risks associated with shift work and long work hours. Centers for Disease Control and Prevention.

Texas Nurses Association. (n.d.). About Texas Nurses Association.

Texas Workforce Commission. (2022, September 13). About Texas workforce.

U.S. Department of Labor. (2023a, January 1). Minimum length of meal period required under state law for adult employees in private sector 1. Wage and Hour Division.

U.S. Department of Labor. (2023b, January 1). Minimum paid rest period requirements under state law for adult employees. Wage and Hour Division.

U.S. Department of Labor. (2023c, April 10). Title 29 Part 785 Hours worked. Code of Federal Regulations.

Yoder-Wise, P. S. (2020). A framework for planned policy change. Nursing Forum, 55(1), 45–53.



2024-05-17 — Updated on 2024-05-28


How to Cite

Mandatory Meals and Rest Periods for Texas Registered Nurses and Allied Health Professionals: A Brief on The Intersection of Research and Ethics. (2024). TWU Student Journal, 3(1). (Original work published 2024)