| (a) Statutory basis and purpose. This subchapter implements the provisions of the Insurance Code, Article 21.15-6, which provides for disability probation for agents who are disabled by a mental, physical or emotional condition. (b) Severability. Where any terms or section of this subchapter is determined by a court of competent jurisdiction to be inconsistent with any statute of this state or to be unconstitutional, the remaining terms and provisions of this subchapter shall remain in effect. (c) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) Agent--Any individual licensed as an agent by the Texas Department of Insurance. (2) Commissioner--The commissioner of insurance. (3) Department--The Texas Department of Insurance. (4) Disability--Any
physical, mental or emotional condition that significantly impairs an agent's ability or results in an agent's inability to carry out the agent's professional responsibilities to insureds, the profession, or the public. (5) Independent evaluation--An evaluation performed by a professional individual or organization licensed by the State of Texas to treat and/or diagnose physical, mental, or emotional conditions to determine if an agent suffers from a disability due to such conditions. The evaluation should include the extent of the disability and whether the disability may be successfully arrested and treated while the agent is engaged in the agent's professional business. (6) Staff--Designated representatives of the staff of the Texas Department of Insurance for participation in the disciplinary proceedings related to the agent.
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