(a) A peer assistance program must operate according to written policies and procedures designed to support the implementation of the program description.
(b) The policies and procedures for a peer assistance program must comply with:
  (1) this chapter;
  (2) any requirements of the licensing or disciplinary authority that established or approved the program; and
  (3) all applicable state or federal laws or rules.
(c) There must be at least one professional in recovery from a substance use condition and one professional in recovery from a mental health condition involved in program and policy development. These individuals may be members of the governing board, staff, or members of an advisory committee for the program.
(d) The written policies and procedures must state philosophy and methods for program operation, including:
  (1) the licensing or disciplinary authority's role in the process and the program's relationship to the authority;
  (2) procedures for maintaining confidentiality;
  (3) compliance with applicable state and federal legal authority and regulations;
  (4) eligibility criteria for participants;
  (5) the circumstances under which an individual will be accepted as a participant in the program;
  (6) all formal agreements (including consents for disclosure) required of participants;
  (7) a description of the following processes, including, where applicable, how they apply to self-referrals and participants:
    (A) referral;
    (B) assessment;
    (C) intervention;
    (D) drug testing;
    (E) treatment;
    (F) return to work;
    (G) crisis and relapse;
    (H) participant noncompliance with intervention, drug testing, or treatment;
    (I) participant dismissal from the program;
    (J) participant who moves out of state; and
    (K) participant program completion;
  (8) the program's role in the accessing of treatment by the participant;
  (9) participant records and related documentation;
  (10) program's relationship to reporting third parties; and
  (11) the criteria to be used for selection of assessment and treatment referral resources.
(e) The policies and procedures must be current, and staff must have access to applicable information.

Source Note: The provisions of this §8.115 adopted to be effective January 27, 2020, 45 TexReg 579