Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007 Page: 7,847
7777-8060 p. ; 28 cm.View a full description of this periodical.
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(7) The program shall have a mechanism for documenting
program compliance and for timely reporting of noncompliance to the
board.
(8) The program shall be subject to periodic evaluation by
the board or its designee in order for the board to evaluate the success
of the program.
(d) Evaluation of Peer Assistance Program.
(1) The program shall collect and make available to the
board and other appropriate persons data relating to program opera-
tions and participant outcomes.. At a minimum, the program shall sub-
mit the following statistical information quarterly to the Board for the
purpose of evaluating the success of the program:
(A) Number and source of referral;
(B) Number of individuals who sign participation
agreements;
(C) Type of participation agreement signed, i.e., Ex-
tended Evaluation Program; substance abuse or dependency, dual
diagnosis, mental illness;
(D) Number of cases referred to program by Board of
Nursing (this number should include all third party referrals that are re-
ported to the board, but remain in participation pending board review);
(E) Number of participants referred to program by
Board order;
(F) Number of self referred cases closed and reason(s)
for closure;
(G) Number of active cases;
(H) Number of participants employed in nursing;
(I) Number of participants completing program;
(J) Number of participants who are reported back for
failing to comply with the participation agreement;
(K) Monitoring activities, including number of drug
screens requested, conducted and results of these tests;
(L) All applicable performance measures required by
the Legislative Budget Board.
(2) The program shall have a written plan for a system-
atic total program evaluation. Such plan shall include at a minimum
monthly reports of the programs activities showing compliance with
this rule, quarterly reports of applicable LBB performance measure
data and an annual report of program activities.
(3) The program shall be subject to periodic evaluation by
the board or its designee in order for the board to evaluate the success
of the program.
(e) Participants entering the approved peer assistance program
for chemical dependency or chemical abuse must agree to the following
minimum conditions:
(1) The nurse shall undergo, as appropriate, a physical
and/or psychosocial evaluation before entering the approved mon-
itoring program. This evaluation will be performed by health care
professional(s) with expertise in chemical dependency.
(2) The nurse shall enter into a contract with the approved
peer assistance program to comply with the requirements of the pro-
gram which shall include, but not be limited to:
(A) The nurse will undergo recommended substance
abuse treatment by an appropriate treatment facility or provider.(B) The nurse will agree to remain free of all mind-al-
tering substances including alcohol except for medications prescribed
by an authorized prescriber for legitimate medical purposes and ap-
proved by the program.
(C) The nurse must complete the prescribed aftercare,
if any, which may include individual and/or group psychotherapy.
(D) The nurse will submit to random drug screening as
specified by the approved monitoring program.
(E) The nurse will attend support groups as specified by
the contract.
(F) The nurse will comply with specified employment
conditions and restrictions as defined by the contract.
(G) The nurse shall sign a waiver allowing the approved
peer assistance program to release, to the extend permitted by federal
or state law, information to the Board if the nurse does not comply with
the requirements of this contract.
(3) The nurse may be subject to disciplinary action by the
Board if the nurse does not participate in the approved peer assistance
program, does not comply with specified employment restrictions, or
does not successfully complete the program.
(f) Referral to Board of Non compliance with Peer Assistance
Program.
(1) A participant may be terminated from the program for
the following causes:
(A) Noncompliance with any aspect of the program
agreement;
(B) Receipt of information by the board which, after in-
vestigation, results in disciplinary action by the board; or
(C) Being unable to practice according to acceptable
and prevailing standards of safe nursing care.
(2) The program shall contact the board in accordance with
board policies if a nurse under contract fails to comply with the terms of
the program agreement or evidences conduct that indicates an inability
or unwillingness to comply with the program.
(g) Eligibility for Program Participation.
(1) The program shall contact the board if it receives a
third-party referral for a nurse who may have been impaired or sus-
pected of being impaired and who may have failed to comply with the
minimum standards of nursing (22 TAC 217.11) and/or committed
an act constituting unprofessional conduct (22 TAC 217.12). The
program shall send that report to the Board. The Board will balance
the need to protect the public and the need to ensure the impaired nurse
seeks treatment in determining the whether the nurse is appropriate for
participation in an approved peer assistance program.
(2) An individual may not participate in the program if the
information reviewed in conjunction with the report indicates to the
board that the individual's compliance with the program may not be
effectively monitored while participating in the program. This infor-
mation includes, but is not limited to, the following:
(A) The individual is not currently licensed as a regis-
tered nurse or licensed vocational nurse;
(B) The individual is currently using or being pre-
scribed a drug normally associated with chemical dependency or
abuse;PROPOSED RULES November 2, 2007 32 TexReg 7847
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Texas. Secretary of State. Texas Register, Volume 32, Number 44, Pages 7777-8060, November 2, 2007, periodical, November 2, 2007; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth97421/m1/69/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.