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.
(c) If a licensing or disciplinary authority receives evidence
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.
(c) A licensing or disciplinary authority may contract with,
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.
(c) The board may collect a fee of not more than $50 each month
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.
(c) An approved peer assistance program may report in writing to
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.
(c) An approved peer assistance program that receives a report
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.
(c) The persons entitled to immunity under this section include:
(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.