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.
(c) The medical director shall provide clinical and policy
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.
(c) The board, with the advice and in consultation with the
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.
(c) The board, with the advice and in consultation with the
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.
(c) The program is administratively attached to the board.
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
(C) policies and guidelines for interventions conducted under
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.
(c) The program shall use physicians or other health care
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.
(c) The program may not accept a referral, except as provided by
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.
(c) Each program participant is individually responsible for
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.
(c) Notwithstanding Subsection (a), the program shall make a
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.
(c) Each program participant shall pay an annual fee to
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.