(a) Effect of referral. Except as otherwise provided in this subchapter, an employee who has a problem associated with alcohol or drug use will be mandatorily referred to the EAP if the problem may affect the employee's conduct or performance in the workplace. Until an employee provides a return-to-work form, the employee will be removed from critical duties.
(b) Procedure. The department will pay for the cost of counseling sessions provided by the EAP vendor, including an initial assessment. Employees who are referred by the EAP vendor to an outside treatment provider are responsible for any costs incurred as a result of the referral. An EAP counselor shall evaluate a referred employee to determine the extent of the dependence on alcohol or drugs and refer the employee to appropriate initial treatment, which shall include one or more of the following elements.
  (1) An employee may participate in an inpatient rehabilitation treatment program and will not be able to work while enrolled in the program.
  (2) An employee may participate in an intensive outpatient treatment program, which will provide individual counseling, group therapy, and educational services for varying lengths of time, normally up to 10 weeks. An employee participating in an outpatient program will normally be able to continue to work while participating in the program.
  (3) An employee may participate in a counseling program that includes education or counseling sessions. The EAP counselors will prescribe the content, frequency, and duration of these sessions, as appropriate, and may include group or individual education or counseling sessions.
(c) Return to work. The EAP counselor will then refer the employee to a medical doctor or other licensed practitioner to complete a return-to-work form.
(d) No assistance needed. The EAP counselor will notify the employee's substance control officer in writing if the employee does not need assistance in resolving a problem associated with alcohol or drug use. A completed return-to-work form will not be required.
(e) Failure to complete treatment. An employee will be terminated from the department if the employee is mandatorily referred to the EAP and fails to complete treatment.

Source Note: The provisions of this §4.40 adopted to be effective November 21, 2002, 27 TexReg 10754