Peer Assistance Programs
Programs operated by licensing or disciplinary authorities
A licensing or disciplinary authority may establish a peer assistance program to identify and assist impaired professionals and impaired students. A peer assistance program for impaired professionals must comply with the minimum criteria established by the department. A peer assistance program for impaired students must comply with any criteria adopted by the appropriate licensing or disciplinary authority.
A licensing or disciplinary authority may use funds made available by the federal or state government or by another public or private source to fund an approved peer assistance program.
Any surcharge added by a licensing or disciplinary authority to its license or license renewal fee to fund an approved peer assistance program may not be used to pay for the actual treatment and rehabilitation costs required by an impaired professional.
Sources [+]
Texas Health & Safety Code, Section 467.003(d), Section 467.004(c)–(d).
Programs operated by professional associations
A licensing or disciplinary authority is required to approve a peer assistance program established by a professional association, if the authority receives evidence the program satisfies the minimum criteria of the department and any additional criteria established by the authority.
A licensing or disciplinary authority may contract with, provide grants to, or make other arrangements with a professional association to operate an approved peer assistance program.
The revenues from any surcharge added by a licensing or disciplinary authority to its license or license renewal fee to fund an approved peer assistance program may not be transferred to a professional association to pay for the actual treatment and rehabilitation costs required by an impaired professional.
Sources [+]
Texas Health & Safety Code, Section 467.003(d), Section 467.004(c)–(d).
Administered by other state agencies
A licensing or disciplinary authority may contract with, provide grants to, or make other arrangements with a state agency to operate an approved peer assistance program.
Source [+]
Texas Health & Safety Code, Section 467.004(c).
Documentation Requirements [+]
- The agency must retain documentation in its files citing the statute that shows the state agency is a licensing or disciplinary authority. If the agency is not a licensing or disciplinary authority, the agency must show it has contracted with a licensing or disciplinary authority for the peer assistance program.
- The agency must retain in its files a clear and complete description of the services provided, and to whom the services were provided.
- The Comptroller's office may require the agency to show how the requirements discussed in this section have been met.
- Comptroller object 7253 must be used.
Source for definitions [+]
Texas Health & Safety Code, Section 467.001.
Sources [+]
Texas Health and Safety Code, Sections 111.001–111.002, 111.006(a)–(b).