(a) To protect the public, it is important that the board initiate, as soon as possible, a program of alcohol and drug screening for any licensee that shows signs of impairment based on substance abuse. In addition, an impaired licensee who sincerely desires to begin recovery will benefit from a program of alcohol and drug screening, because successful compliance with the program will be evidence of cooperation with the board as well as evidence of recovery. The board adopts this rule to encourage licensees who may be impaired to submit to the Board's program of alcohol and drug screening as soon as possible.
(b) If the agency has cause to believe, either through a self-report or otherwise, that a licensee has used alcohol or drugs in an intemperate manner, the Executive Director may offer the licensee the opportunity to participate in the board's program for alcohol and drug screening during an investigation.
(c) A licensee who wishes to accept the offer must submit an acceptance on a form approved by the Executive Director that, at a minimum, includes the agreement that the licensee will:
  (1) abstain from the use of alcohol and drugs;
  (2) submit to, comply with, and pay any costs associated with the board's program for alcohol and drug screening;
  (3) not self-prescribe or prescribe for the licensee's immediate family any controlled substance or dangerous drug with potential for addiction or abuse or dispense, administer, or authorize any such drug except in compliance with the prescription, orders, and direction of another physician for legitimate medical purposes; and
  (4) agree that the licensee's compliance or non-compliance with the terms of the agreement and the program of alcohol and drug screening may be considered in any disciplinary or rehabilitative action by the board.
(d) The offer, acceptance, and all documents and activities of the agency relating to compliance with the agreement contained in the acceptance that are created by or provided to the agency shall be considered to be investigative information and privileged and confidential, in accordance with §164.007(c), Texas Occupations Code.
(e) The offer to a licensee to submit to alcohol and drug screening shall not limit the authority of the board to initiate a temporary suspension proceeding, in accordance with §164.059, Texas Occupations Code, if the investigation produces evidence that the licensee would, by the licensee's continuation in practice, constitute a continuing threat to the public welfare.
(f) If the licensee does not accept the offer by the Executive Director, the agency shall expedite an investigation to allow the board to take disciplinary or rehabilitative action as soon as possible, if the investigation produces evidence that the licensee is impaired.

Source Note: The provisions of this §179.8 adopted to be effective September 28, 2006, 31 TexReg 8093