| (a) Referrals.
(1) The program shall accept a self-referral from a
licensure applicant or licensee, or a referral from an individual,
a physician health and rehabilitation committee, a physician assistant
organization, a state physician health program, a state acupuncture
program, a hospital or hospital system licensed in this state, a residency
program, or the Agency.
(2) The Agency may publicly or privately refer an applicant
or licensee to the Program.
(b) Eligible Program Participants. An individual who
has or may have mental or physical impairment or substance use disorder
is eligible to participate in the Program.
(c) Drug Testing.
(1) The Program's drug testing shall be provided under
contract for services with the vendor approved by the Texas Medical
Board.
(2) The Program shall adopt policies and protocols
for drug-testing that are consistent with those of the Agency.
(3) The Agency may monitor the test results for all
program participants, provided that the identities of the program
participants are not disclosed to the agency.
(d) Reports to the Agency.
(1) If an individual who has been referred by the Agency
and does not enter into an agreement for services or a program participant
is found to have committed a substantive violation of an Agreement,
the Governing Board shall report that individual to the Agency for
possible disciplinary action.
(2) A positive drug screen that is not attributed to
a therapeutic prescription by a treating physician, shall be determined
to be substantive violation of an Agreement by the program participant.
(3) A committee of the Board shall review the report
and may accept the individual or program participant for possible
disciplinary action. The Agency has the option of referring the individual
back to the Program.
(e) Fees.
(1) Program participants shall pay an annual fee of
$1,200.00 for physicians and PAs and $1,000.00 for all other licensees.
Half of the annual fee shall be due upon scheduling of the intake
interview. This fee is in addition to costs owed by program participants
for completion of monitoring associated with a program participant's
Agreement.
(2) The Program may waive all or part of the annual
fee for a program participant upon a showing of good cause. Good cause
may include documented financial hardship. All fee waivers shall be
reported on at the next scheduled meeting of the Governing Board.
(f) Process.
(1) Interview by Medical Director.
(A) Upon receipt of a referral as described in subsection
(a) of this section, the applicant or licensee shall meet with the
TXPHP Medical Director or a member of the Advisory Committee designated
by the Medical Director or Governing Board President for an interview
to determine eligibility for the Program.
(B) An interview may be waived if the Medical Director
determines that good cause exists.
(C) The performance of an intake interview may be delegated
to another qualified medical professional as necessary.
(2) Review by Case Advisory Panel.
(A) A case advisory panel shall include three members.
These members shall be the President of the Governing Board, the Secretary
of the Governing Board, another member of the Governing Board who
shall serve for a four-month term on a rotating basis with the other
members, and one member of the Advisory Board who shall serve for
a three-month term on a rotating basis. In the event that the President
and/or the Secretary is unavailable or must recuse themselves, additional
members of the Governing Board may serve on the panel.
(B) After an interview has occurred, a case advisory
panel may be convened at the discretion of the Medical Director for
the purpose of seeking advice and direction.
(C) All cases reviewed by a case advisory panel shall
be reported on at the next scheduled meeting of the Governing Board.
(3) After the requirements in paragraph (1) of this
subsection have been completed, the applicant or licensee shall be
offered an agreement, determined ineligible for the program, or discharged
from TXPHP.
(4) Agreements are effective upon signature by the
program participant.
(5) All agreements are subject to review by the Governing
Board.
(g) Evaluations. The TXPHP may request that an applicant
or licensee undergo a clinically appropriate evaluation after the
person has been interviewed. The evaluation shall be considered a
term of an agreement and the person will be considered a program participant
at that time. If an individual refuses to undergo an evaluation, he
or she may be referred to the Agency on an emergent basis or as described
in subsection (d) of this section.
(h) Agreements. Agreements between program participants
and the TXPHP may include, but are not limited to, the following terms
and conditions:
(1) abstinence from prohibited substances and drug
testing;
(2) agreement not to treat one's own family and friends
or receive treatment from family or friends;
(3) agreement not to manage one's own medical care;
(4) participation in mutual help groups such as Alcoholics
Anonymous;
(5) participation in support groups for recovering
professionals;
(6) worksite monitor;
(7) worksite restrictions; and
(8) treatment by an appropriate health care provider.
|
| Source Note: The provisions of this §180.4 adopted to be effective March 14, 2010, 35 TexReg 2004; amended to be effective September 19, 2010, 35 TexReg 8354; amended to be effective December 18, 2011, 36 TexReg 8378; amended to be effective December 23, 2012, 37 TexReg 9774; amended to be effective July 9, 2015, 40 TexReg 4353; amended to be effective July 5, 2020, 45 TexReg 4338; amended to be effective December 31, 2020, 45 TexReg 9522 |
