CHAPTER 167. TEXAS PHYSICIAN HEALTH PROGRAM

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Texas > Occupations-code > Title-3-health-professions > Chapter-167-texas-physician-health-program

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE B. PHYSICIANS

CHAPTER 167. TEXAS PHYSICIAN HEALTH PROGRAM

Chapter 167, consisting of Secs. 167.001 to 167.011, was added by

Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a).

For another Chapter 167, consisting of Secs. 167.001 to 167.202,

added by Acts 2009, 81st Leg., R.S., Ch.

775, Sec. 1, see Sec. 167.001 et seq., post.

Sec. 167.001. DEFINITIONS. In this chapter:

(1) "Committee" means the Physician Health and Rehabilitation

Advisory Committee established under this chapter.

(2) "Governing board" means the governing board of the program.

(3) "Medical director" means a person appointed under Section

167.002 to oversee the program.

(4) "Physician assistant board" means the Texas Physician

Assistant Board established under Chapter 204.

(5) "Program" means the Texas Physician Health Program

established under this chapter.

(6) "Program participant" means a physician or physician

assistant who receives services under the program.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.002. MEDICAL DIRECTOR. (a) The board shall appoint a

medical director for the program.

(b) The medical director must:

(1) be a physician licensed by the board; and

(2) have expertise in a field of medicine relating to disorders

commonly affecting physicians or physician assistants, including

substance abuse disorders.

oversight for the program.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.003. GOVERNING BOARD. (a) The president of the board

shall appoint persons to serve on the governing board of the

program. The appointees shall include physicians, physician

assistants, and other related professionals with experience

addressing health conditions commonly found in the population of

monitored physicians or physician assistants.

(b) The governing board shall:

(1) provide advice and counsel to the board; and

(2) establish policy and procedures for the operation and

administration of the program.

physician assistant board and Texas-based professional

associations of physicians and physician assistants, shall adopt

rules relating to the appointment of members to the governing

board, including length of terms, procedures for filling a

vacancy, and conflict-of-interest provisions.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.004. PHYSICIAN HEALTH AND REHABILITATION ADVISORY

COMMITTEE. (a) The governing board shall appoint physicians to

the Physician Health and Rehabilitation Advisory Committee who

have experience in disorders commonly affecting physicians or

physician assistants.

(b) The committee shall assist the governing board by making

recommendations on the request of the governing board.

physician assistant board and Texas-based professional

associations of physicians and physician assistants, shall adopt

rules relating to the appointment of members to the committee,

including length of terms, procedures for filling a vacancy, and

conflict-of-interest provisions.

(d) Chapter 2110, Government Code, does not apply to the

committee.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.005. TEXAS PHYSICIAN HEALTH PROGRAM. (a) The Texas

Physician Health Program is established to promote:

(1) physician and physician assistant wellness; and

(2) treatment of all health conditions that have the potential

to compromise the physician's or physician assistant's ability to

practice with reasonable skill and safety, including mental

health issues, substance abuse issues, and addiction issues.

(b) The program is a confidential, nondisciplinary therapeutic

program for physicians and physician assistants.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.006. RULES. The board, with the advice of and in

consultation with the governing board, committee, and Texas-based

professional associations of physicians and physician assistants,

shall:

(1) adopt rules and policies as necessary to implement the

program, including:

(A) policies for assessments under the program and guidelines

for the validity of a referral to the program;

(B) policies and guidelines for initial contacts used to

determine if there is a need for a physician or physician

assistant to complete a clinically appropriate evaluation or to

enter treatment, including policies and guidelines for

arrangements for that evaluation or treatment; and

the program; and

(2) define applicable guidelines for the management of substance

abuse disorders, psychiatric disorders, and physical illnesses

and impairments.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.007. OPERATION OF PROGRAM. (a) The program must

include provisions for:

(1) continuing care, monitoring, and case management of

potentially impairing health conditions, including provisions for

cooperation with the evaluating or treating facility;

(2) ongoing monitoring for relapse, including random drug

testing, consultations with other physician health and

rehabilitation committees, work site monitors, and treating

health professionals, including mental health professionals; and

(3) other physician and physician assistant health and

rehabilitation programs to operate under an agreement with the

program, using established guidelines to ensure uniformity and

credibility of services throughout this state.

(b) The program must ensure appropriate communications with the

board, the physician assistant board, other state licensing

boards, and physician health and rehabilitation programs.

professional experts or consultants, as appropriate, when

necessary to evaluate, recommend solutions for, or resolve a

medical dispute.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.008. REFERRALS TO PROGRAM. (a) The program shall

accept a self-referral from a physician or physician assistant

and referrals from an individual, a physician health and

rehabilitation committee, a physician assistant organization, a

state physician health program, a hospital or hospital system

licensed in this state, a residency program, the board, or the

physician assistant board.

(b) A physician or physician assistant may refer the physician

or physician assistant to the program.

board rules, for a violation of the standard of care as a result

of drugs or alcohol or boundary violations with a patient or a

patient's family.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.009. REFERRAL BY BOARD OR PHYSICIAN ASSISTANT BOARD AS

PREREQUISITE FOR ISSUING OR MAINTAINING A LICENSE. (a) The

board or the physician assistant board, through an agreed order

or after a contested proceeding, may make a referral to the

program and require participation in the program by a specified

physician or physician assistant as a prerequisite for issuing or

maintaining a license under Chapter 155 or 204.

(b) The board or the physician assistant board may discipline a

physician or physician assistant required to participate in the

program under Subsection (a) who does not participate in the

program.

payment of the participant's own medical costs, including any

required evaluations, primary treatment, and continuing care.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.010. CONFIDENTIALITY. (a) Each referral, proceeding,

report, investigative file, record, or other information

received, gathered, created, or maintained by the program or its

employees, consultants, work site monitors, or agents relating to

a physician or physician assistant is privileged and confidential

and is not subject to disclosure under Chapter 552, Government

Code, or to discovery, subpoena, or other means of legal

compulsion for release to any person except as provided by this

chapter.

(b) Notwithstanding Subsection (a), the program may report to

the board or the physician assistant board, as appropriate, the

name and pertinent information relating to impairment of a

physician or physician assistant.

report to the board or the physician assistant board, as

appropriate, regarding a physician or physician assistant if the

medical director or the governing board determines that the

physician or physician assistant poses a continuing threat to the

public welfare. If requested by the board or the physician

assistant board, a report under this subsection must include all

information in the possession or control of the program.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

Sec. 167.011. FUNDING; FEES. (a) The Texas physician health

program account is a special account in the general revenue fund.

Funds in the account may be appropriated only to the board for

administration of the program.

(b) The board by rule shall set and collect reasonable and

necessary fees from program participants in amounts sufficient to

offset, to the extent reasonably possible, the cost of

administering this chapter.

partially offset the cost of participation and monitoring

services.

(d) The board shall deposit fees collected under this section to

the credit of the account established under Subsection (a).

(e) The board may grant a waiver to the fee imposed under

Subsection (c). The board shall adopt rules relating to the

issuance of a waiver under this subsection.

Added by Acts 2009, 81st Leg., R.S., Ch.

1345, Sec. 2(a), eff. September 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

Loading..

Loading, Please Wait!