| (a) The department may issue or renew, as applicable,
a license, registration or certification to an individual convicted
or placed on community supervision in any jurisdiction for a drug
or alcohol offense described in §140.431 of this title (relating
to Criminal History Standards) if the department determines that the
applicant has successfully completed participation in an approved
peer assistance program.
(b) A peer assistance program shall identify, assist,
and monitor participating LCDCs whose ability to perform a professional
service is impaired or likely to be impaired by abuse of or dependency
on drugs or alcohol, so that the individuals may return to safe practice.
An LCDC who meet the standard for participation shall be referred
to in this section as an "impaired professional." A peer assistance
program shall offer support and assistance with a rehabilitative emphasis
rather than a disciplinary emphasis.
(c) To become an approved peer assistance program,
a professional association shall:
(1) submit an application form prescribed by the department;
(2) submit a written description of the peer assistance
program that includes:
(A) goals and objectives, including criteria for successful
completion of the peer assistance program;
(B) target population;
(C) the plan for ensuring services are available throughout
the state;
(D) how the following areas are to be addressed:
(i) identification of and intervention with impaired
professionals;
(ii) assistance with accessing quality treatment;
(iii) monitoring, support, and evaluation of participants;
(iv) intervention in crises, including relapses; and
(v) support during the reentry by participants to professional
practice or instructional roles.
(E) staffing plans, minimum staff qualifications by
position, and planned staffing levels relative to numbers of participants.
(F) the plan for program quality assurance and self-evaluation;
and
(G) the methods that will be utilized to promote and
encourage use of the program.
(3) meet the minimum criteria established for peer
assistance programs under Texas Health and Safety Code, Chapter 467
and Chapter 451 of this title, as well as any additional criteria
set forth in this section and in Texas Occupations Code, §504.057
for peer assistance programs for LCDCs. An approved peer assistance
program will remain subject to and comply with these provisions once
approved. In the event of direct conflict between any of the provisions,
the provisions of Texas Occupations Code, §504.057 and this section
shall govern.
(d) A peer assistance program may seek department funding
for its program by responding to a department solicitation relating
to peer assistance programs established under Texas Occupations Code, §504.057.
A peer assistance program must be approved by the department to be
eligible to contract with the department for funding of its program.
Approval of the peer assistance program shall expire on the second
anniversary of the date of approval. To renew the approval status,
a professional association shall submit the materials as outlined
in subsection (c) of this section.
(e) The peer assistance program shall comply with applicable
Federal and State confidentiality laws and regulations, including,
without limitation, Code of Federal Regulations, Title 42, Part 2
(relating to Confidentiality of Alcohol and Drug Abuse Patient Records)
and Texas Health and Safety Code, Chapter 611 (relating to Mental
Health Records).
(f) The peer assistance program shall notify the department,
and, if required by Texas Health and Safety Code, §467.005 (relating
to Reports), the person who made the report of the impaired professional
to the peer assistance program, if the impaired individual fails to
participate in the applicable program as required by the department.
(g) An impaired professional who is reported to a peer
assistance program by the department or another third party shall,
as a condition of participation in the program, give consent to the
program that, at a minimum, authorizes the program to disclose the
impaired person's failure to successfully complete the program to
the department, and, as necessary for the peer assistance program
to comply with its notification requirements, to the person who reported
the impaired professional to the program.
(h) The department may revoke its approval of a program
established by a professional association under this chapter, after
a right to a fair hearing in accordance with §§1.41, 1.51
- 1.55 of this title (relating to Fair Hearing Procedures), if the
authority determines that:
(1) the program does not comply with the criteria established
by the department; and
(2) the professional association does not bring the
program into compliance within a reasonable time, as determined by
the department.
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