The following words and terms, when used in this chapter, 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:
    (A) established or approved by a licensing or disciplinary authority;
    (B) meets the criteria established by HHSC in this chapter; and
    (C) meets any additional criteria established by the licensing or disciplinary authority.
  (2) HHSC--The Texas Health and Human Services Commission.
  (3) Impaired professional--An individual whose ability to perform professional services is impaired by a mental health or substance use condition.
  (4) 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 a mental health or substance use condition.
  (5) Licensing or disciplinary authority--A state agency or board that licenses or has disciplinary authority over professionals.
  (6) Mental health condition--A condition (excluding intellectual or developmental disability or a substance use condition) that substantially impairs an individual's:
    (A) thought, perception of reality, emotional process, or judgment;
    (B) behavior; or
    (C) ability to participate in daily routines.
  (7) Mental health professional--An individual licensed by the state as a:
    (A) licensed chemical dependency counselor;
    (B) licensed clinical social worker;
    (C) licensed marriage and family therapist;
    (D) licensed professional counselor;
    (E) psychologist; or
    (F) nurse, with at least a master's degree in nursing and national certification in substance use or psychiatric nursing.
  (8) Peer assistance program--Identifies, assists, and monitors individuals experiencing mental health or substance use conditions that are, or are likely to be, job-impairing, so that the individuals may return to safe practice. Peer assistance programs offer support and assistance and have a rehabilitative emphasis rather than a disciplinary emphasis.
  (9) Professional--An individual who may incorporate under The Texas Professional Corporation Law as described by Section 1.008(m), Business Organizations Code, or who is licensed, registered, certified, or otherwise authorized by the state to practice as a licensed vocational nurse, social worker, chemical dependency counselor, occupational therapist, speech-language pathologist, audiologist, licensed dietitian, or dental or dental hygiene school faculty member.
  (10) Professional association--A national or statewide association of professionals, including any committee of a professional association and any nonprofit organization controlled by or operated in support of a professional association.
  (11) Staff--All persons responsible for implementing a peer assistance program, whether employed, under contract, paid, or volunteer.
  (12) 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.
  (13) Substance use condition--A recurrent use of alcohol or drugs that causes clinically and functionally significant impairment, such as health problems, disability, and failure to meet major responsibilities at work, school, or home.

Source Note: The provisions of this §8.105 adopted to be effective January 27, 2020, 45 TexReg 579