| (D) The individual has attempted or completed two or
more chemical dependency monitoring programs as of the date of the
application, notwithstanding the individual's current chemical dependency
treatment plan and related treatment currently submitted for purposes
of program eligibility;
(E) The board has taken action against the individual's
license to practice nursing as either a registered nurse or a licensed
practical nurse in Texas within the last 5 years;
(F) The individual has been convicted of a felony,
placed on probation or received deferred adjudication relating to
a felony, or felony charges are currently pending, or is currently
being investigated for a felony; or
(G) The individual has been convicted or registered
as a sex offender.
(h) Successful Completion of the Program. A participant
successfully completes the program when the participant fully complies
with all of the terms of the program agreement for the period as specified
in the agreement. When a participant successfully completes the program,
the program shall notify the participant of the successful completion
in writing. Once the participant receives this written notification
of successful completion of the program, the participant shall no
longer be required to comply with the program agreement. The program
shall notify the board when a nurse who the board has ordered to attend
or referred to the program successfully completes the peer assistance
contract.
(i) Re-evaluation of Participation in Peer Assistance
Program.
(1) Each individual receiving an eligibility order
requiring participation in a peer assistance program upon initial
licensure shall be notified by the Board, upon the issuance of a nursing
license, that he/she may request re-evaluation of his/her participation
in the peer assistance program.
(2) If an individual wishes to have his/her participation
in a peer assistance program re-evaluated by the Board, the individual
must affirmatively request re-evaluation by the Board and provide
the Board with relevant evidence supporting the individual's request.
(3) The following factors shall be considered when
re-evaluating an individuals' required participation in a peer assistance
program:
(A) the individual's criminal history record information
and whether participation in the program is warranted based upon the
time that has elapsed since the individual's conviction or end of
community supervision;
(B) the individual's participation requirements and
the amount of time the individual is required to participate in the
peer assistance program based upon the individual's individualized
needs; and
(C) verifiable and reliable evidence of the individual's
sobriety and abstinence from drugs and alcohol, which may include
evidence of the completion of inpatient, outpatient, or aftercare
treatment, random drug screens, individual or group therapy, letters
of support from sponsors, a substance use disorder evaluation, and
evidence of support group attendance.
(4) An individual must comply with the terms of his/her
eligibility order until the Board completes its review under this
subsection and issues a decision.
(5) The Executive Director is authorized to:
(A) review an individual's request for re-evaluation
of his/her participation in a peer assistance program under this subsection;
(B) amend the participation requirements for an individual
based upon the individual's individualized needs and/or the amount
of time an individual must participate in the peer assistance program;
(C) require the individual to comply with terms and
conditions issued and monitored by the Board instead of participating
in a peer assistance program; and
(D) execute a waiver of an individual's participation
in a peer assistance program if the individual has achieved a satisfactory
period of treatment or documented sobriety that complies with Board
rules and policies, and it is determined that the individual's continued
participation is not necessary for the protection of the public.
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