CHAPTER 467. PEER ASSISTANCE PROGRAMS

State Codes and Statutes

Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-467-peer-assistance-programs

HEALTH AND SAFETY CODE

TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES

SUBTITLE B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS

CHAPTER 467. PEER ASSISTANCE PROGRAMS

Sec. 467.001. DEFINITIONS. In this chapter:

(1) "Approved peer assistance program" means a program that is

designed to help an impaired professional and that is:

(A) established by a licensing or disciplinary authority; or

(B) approved by a licensing or disciplinary authority as meeting

the criteria established by the department and any additional

criteria established by that licensing or disciplinary authority.

(2) "Department" means the Department of State Health Services.

(3) "Impaired professional" means an individual whose ability to

perform a professional service is impaired by chemical dependency

on drugs or alcohol or by mental illness.

(4) "Licensing or disciplinary authority" means a state agency

or board that licenses or has disciplinary authority over

professionals.

(5) "Professional" means an individual who:

(A) may incorporate under The Texas Professional Corporation Act

(Article 1528e, Vernon's Texas Civil Statutes); or

(B) is licensed, registered, certified, or otherwise authorized

by the state to practice as a licensed vocational nurse, social

worker, chemical dependency counselor, occupational therapist,

speech-language pathologist, audiologist, licensed dietitian, or

dental or dental hygiene school faculty member.

(6) "Professional association" means a national or statewide

association of professionals, including any committee of a

professional association and any nonprofit organization

controlled by or operated in support of a professional

association.

(7) "Student" means an individual enrolled in an educational

program or course of study leading to initial licensure as a

professional as such program or course of study is defined by the

appropriate licensing or disciplinary authority.

(8) "Impaired student" means a student whose ability to perform

the services of the profession for which the student is preparing

for licensure would be, or would reasonably be expected to be,

impaired by chemical dependency on drugs or alcohol or by mental

illness.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1995, 74th Leg., ch. 570, Sec. 1, eff. Sept. 1,

1995; Acts 2003, 78th Leg., ch. 17, Sec. 27, eff. Sept. 1, 2003;

Acts 2003, 78th Leg., ch. 892, Sec. 26, eff. Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 21, eff. September 1, 2007.

Sec. 467.002. OTHER PEER ASSISTANCE PROGRAMS. This chapter does

not apply to a peer assistance program for licensed physicians or

pharmacists or for any other profession that is authorized under

other law to establish a peer assistance program.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 467.003. PROGRAMS. (a) A professional association or

licensing or disciplinary authority may establish a peer

assistance program to identify and assist impaired professionals

in accordance with the minimum criteria established by the

department and any additional criteria established by the

appropriate licensing or disciplinary authority.

(b) A peer assistance program established by a professional

association is not governed by or entitled to the benefits of

this chapter unless the association submits evidence to the

appropriate licensing or disciplinary authority showing that the

association's program meets the minimum criteria established by

the department and any additional criteria established by that

authority.

showing that a peer assistance program established by a

professional association meets the minimum criteria established

by the department and any additional criteria established by that

authority, the authority shall approve the program.

(d) A licensing or disciplinary authority may revoke its

approval of a program established by a professional association

under this chapter if the authority determines that:

(1) the program does not comply with the criteria established by

the department or by that authority; and

(2) the professional association does not bring the program into

compliance within a reasonable time, as determined by that

authority.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1373, Sec. 22, eff. September 1, 2007.

Sec. 467.0035. PROVISION OF SERVICES TO STUDENTS. (a) An

approved peer assistance program may provide services to impaired

students. A program that elects to provide services to impaired

students is not required to provide the same services to those

students that it provides to impaired professionals.

(b) An approved peer assistance program that provides services

to students shall comply with any criteria for those services

that are adopted by the appropriate licensing or disciplinary

authority.

Added by Acts 1995, 74th Leg., ch. 570, Sec. 2, eff. Sept. 1,

1995.

Sec. 467.004. FUNDING. (a) Except as provided by Section

467.0041(b), a licensing or disciplinary authority may add a

surcharge of not more than $10 to its license or license renewal

fee to fund an approved peer assistance program. The authority

must adopt the surcharge in accordance with the procedure that

the authority uses to initiate and adopt an increase in its

license or license renewal fee.

(b) A licensing or disciplinary authority may accept, transfer,

and expend funds made available by the federal or state

government or by another public or private source to fund an

approved peer assistance program.

provide grants to, or make other arrangements with an agency,

professional association, institution, or individual to implement

this chapter.

(d) Money collected under this section may be used only to

implement this chapter and may not be used to pay for the actual

treatment and rehabilitation costs required by an impaired

professional.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 194, eff. Sept. 1,

1991; Acts 1997, 75th Leg., ch. 493, Sec. 1, eff. Sept. 1, 1997;

Acts 1997, 75th Leg., ch. 1314, Sec. 24, eff. Sept. 1, 1997.

Sec. 467.0041. FUNDING FOR TEXAS STATE BOARD OF DENTAL

EXAMINERS. (a) Except as provided by this section, the Texas

State Board of Dental Examiners is subject to Section 467.004.

(b) The board may add a surcharge of not more than $10 to its

license or license renewal fee to fund an approved peer

assistance program.

from a participant in an approved peer assistance program. Fees

collected under this subsection shall be remitted to the

comptroller for deposit to the credit of the dental registration

account.

(d) Subject to the General Appropriations Act, the board may use

the fees and surcharges collected under this section and fines

collected in the enforcement of Chapter 9, Title 71, Revised

Statutes, and that are deposited in the dental registration

account, to fund an approved program and to pay the

administrative costs incurred by the board that are related to

the program.

Added by Acts 1991, 72nd Leg., ch. 14, Sec. 195, eff. Sept. 1,

1991. Amended by Acts 1995, 74th Leg., ch. 2, Sec. 19, eff. Feb.

6, 1995; Acts 1997, 75th Leg., ch. 493, Sec. 2, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1314, Sec. 25, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch; 1423, Sec. 10.07, eff. Sept. 1,

1997.

Sec. 467.005. REPORTS. (a) A person who knows or suspects that

a professional is impaired by chemical dependency on alcohol or

drugs or by mental illness may report the professional's name and

any relevant information to an approved peer assistance program.

(b) A person who is required by law to report an impaired

professional to a licensing or disciplinary authority satisfies

that requirement if the person reports the professional to an

approved peer assistance program. The program shall notify the

person making the report and the appropriate licensing or

disciplinary authority if the person fails to participate in the

program as required by the appropriate licensing or disciplinary

authority.

the appropriate licensing or disciplinary authority the name of a

professional who the program knows or suspects is impaired and

any relevant information concerning that professional.

(d) A licensing or disciplinary authority that receives a report

made under Subsection (c) shall treat the report in the same

manner as it treats an initial allegation of misconduct against a

professional.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1997, 75th Leg., ch. 414, Sec. 1, eff. Sept. 1,

1997.

Sec. 467.006. ASSISTANCE TO IMPAIRED PROFESSIONALS. (a) A

licensing or disciplinary authority that receives an initial

complaint concerning an impaired professional may:

(1) refer the professional to an approved peer assistance

program; or

(2) require the professional to participate in or successfully

complete a course of treatment or rehabilitation.

(b) A licensing or disciplinary authority that receives a second

or subsequent complaint or a report from a peer assistance

program concerning an impaired professional may take the action

permitted by Subsection (a) in addition to any other action the

authority is otherwise authorized to take in disposing of the

complaint.

or referral under Subsection (a) or (b) or a report under Section

467.005(a) may intervene to assist the impaired professional to

obtain and successfully complete a course of treatment and

rehabilitation.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Sec. 467.007. CONFIDENTIALITY. (a) Any information, report, or

record that an approved peer assistance program or a licensing or

disciplinary authority receives, gathers, or maintains under this

chapter is confidential. Except as prescribed by Subsection (b)

or by Section 467.005(c), a person may not disclose that

information, report, or record without written approval of the

impaired professional or other interested person. An order

entered by a licensing or disciplinary authority may be

confidential only if the licensee subject to the order agrees to

the order and there is no previous or pending action, complaint,

or investigation concerning the licensee involving malpractice,

injury, or harm to any member of the public. It is the intent of

the legislature to encourage impaired professionals to seek

treatment for their impairments.

(b) Information that is confidential under Subsection (a) may be

disclosed:

(1) at a disciplinary hearing before a licensing or disciplinary

authority in which the authority considers taking disciplinary

action against an impaired professional whom the authority has

referred to a peer assistance program under Section 467.006(a) or

(b);

(2) at an appeal from a disciplinary action or order imposed by

a licensing or disciplinary authority;

(3) to qualified personnel for bona fide research or educational

purposes only after information that would identify a person is

removed;

(4) to health care personnel to whom an approved peer assistance

program or a licensing or disciplinary authority has referred the

impaired professional; or

(5) to other health care personnel to the extent necessary to

meet a health care emergency.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

Amended by Acts 1991, 72nd Leg., ch. 245, Sec. 1, eff. Sept. 1,

1991.

Sec. 467.0075. CONSENT TO DISCLOSURE. An impaired professional

who is reported to a peer assistance program by a third party

shall, as a condition of participation in the program, give

consent to the program that at a minimum authorizes the program

to disclose the impaired professional's failure to successfully

complete the program to the appropriate licensing or disciplinary

authority.

Added by Acts 1997, 75th Leg., ch. 414, Sec. 2, eff. Sept. 1,

1997.

Sec. 467.008. CIVIL IMMUNITY. (a) A person who in good faith

reports information or takes action in connection with a peer

assistance program is immune from civil liability for reporting

the information or taking the action.

(b) The civil immunity provided by this section shall be

liberally construed to accomplish the purposes of this chapter.

(1) an approved peer assistance program;

(2) the professional association or licensing or disciplinary

authority operating the peer assistance program;

(3) a member, employee, or agent of the program, association, or

authority;

(4) a person who reports or provides information concerning an

impaired professional;

(5) a professional who supervises or monitors the course of

treatment or rehabilitation of an impaired professional; and

(6) a person who employs an impaired professional in connection

with the professional's rehabilitation, unless the person:

(A) knows or should have known that the professional is

incapable of performing the job functions involved; or

(B) fails to take reasonable precautions to monitor the

professional's job performance.

(d) A professional association, licensing or disciplinary

authority, program, or person acting under this chapter is

presumed to have acted in good faith. A person alleging a lack of

good faith has the burden of proof on that issue.

(e) The immunity provided by this section is in addition to

other immunity provided by law.

Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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