The following words and terms, when used in this chapter, have
the following meanings unless the context clearly indicates otherwise.
(1) Approved peer assistance program--A program designed
to help an impaired professional which is:
(A) established or approved by a licensing or disciplinary
authority;
(B) meets the criteria established by HHSC in this
chapter; and
(C) meets any additional criteria established by the
licensing or disciplinary authority.
(2) HHSC--The Texas Health and Human Services Commission.
(3) Impaired professional--An individual whose ability
to perform professional services is impaired by a mental health or
substance use condition.
(4) Impaired student--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 a mental health or substance use condition.
(5) Licensing or disciplinary authority--A state agency
or board that licenses or has disciplinary authority over professionals.
(6) Mental health condition--A condition (excluding
intellectual or developmental disability or a substance use condition)
that substantially impairs an individual's:
(A) thought, perception of reality, emotional process,
or judgment;
(B) behavior; or
(C) ability to participate in daily routines.
(7) Mental health professional--An individual licensed
by the state as a:
(A) licensed chemical dependency counselor;
(B) licensed clinical social worker;
(C) licensed marriage and family therapist;
(D) licensed professional counselor;
(E) psychologist; or
(F) nurse, with at least a master's degree in nursing
and national certification in substance use or psychiatric nursing.
(8) Peer assistance program--Identifies, assists, and
monitors individuals experiencing mental health or substance use conditions
that are, or are likely to be, job-impairing, so that the individuals
may return to safe practice. Peer assistance programs offer support
and assistance and have a rehabilitative emphasis rather than a disciplinary
emphasis.
(9) Professional--An individual who may incorporate
under The Texas Professional Corporation Law as described by Section
1.008(m), Business Organizations Code, or who 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.
(10) Professional association--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.
(11) Staff--All persons responsible for implementing
a peer assistance program, whether employed, under contract, paid,
or volunteer.
(12) Student--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.
(13) Substance use condition--A recurrent use of alcohol
or drugs that causes clinically and functionally significant impairment,
such as health problems, disability, and failure to meet major responsibilities
at work, school, or home.
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