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RULE §451.106Definitions

The following words and terms, when used in this chapter, shall 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 established or approved by a licensing or disciplinary authority, and meets the criteria established by the Texas Commission on Alcohol and Drug Abuse and any additional criteria established by the licensing or disciplinary authority.

  (2) Chemical dependency--Substance abuse or dependency as defined by the American Psychiatric Association in the Diagnostic and Statistical Manual (DSM)-IV and any subsequent revisions thereof.

  (3) Commission--The Texas Commission on Alcohol and Drug Abuse.

  (4) Impaired professional--An individual whose ability to perform professional services is impaired by chemical dependency or by mental illness.

  (5) 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 chemical dependency on drugs or alcohol or by mental illness.

  (6) Licensing/disciplinary authority--A state agency or board that licenses or has disciplinary authority over professionals.

  (7) Mental health professional--An individual licensed by the state as a physician, professional counselor (LPC), chemical dependency counselor (LCDC), psychologist, marriage and family therapist (LMFT), master social worker (LMSW). Mental health professional also includes a master's prepared nurse with national certification in addictions or psychiatric nursing.

  (8) Mental illness--Any clinical disorder as defined in the Diagnostic and Statistical Manual of Mental Disorders 4th edition or subsequent editions.

  (9) Professional--An individual who may incorporate under the Texas Professional Corporation Act (Texas Civil Statutes, Article 1528e), or who is licensed, registered, certified, or otherwise authorized by the state to practice as a licensed professional.

  (10) Staff--All persons responsible for implementing a peer assistance program, whether employed, under contract, paid or volunteer.

  (11) 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.

Source Note: The provisions of this §451.106 adopted to be effective June 21, 1998, 23 TexReg 6246; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842

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