1. (a) Purpose. This chapter is promulgated to promote the efficient administration of the provisions of the Medical Practice Act, §3.081 (Rehabilitation Orders).
2. (b) Addiction from Treatment. The determination as to whether intemperate use of drugs or alcohol was a direct result of habituation or addiction caused by medical care or treatment by another physician shall be made by the board based on medical records and/or credible testimony from health-care practitioners. In the event that medical records and credible testimony are unavailable or are inconclusive regarding whether intemperate use of alcohol or drugs was a direct result of habituation or addiction caused by medical care or treatment by another physician, the board shall exercise sound discretion in making a determination based on available evidence and may conclude that intemperate use of alcohol or drugs was not caused by such medical care or treatment.

3. (c) Self-reports. Self-reports of intemperate use of drugs or alcohol by licensees or licensure applicants shall be made through one or more of the following methods prior to the board opening an investigation in regard to the individual for alleged intemperate use of drugs or alcohol:

   1. (1) a hand-written or typed statement submitted to the board or board staff by mail, messenger, telefacsimile transmission, or hand-delivery which has been signed by the licensee or licensure applicant and may include responses provided as part of an application for a license or a writing submitted for purposes of licensure renewal; or
   2. (2) a hand-written or typed statement submitted to the board or board staff by mail, messenger, telefacsimile transmission, or hand-delivery which has been signed by an authorized agent of the licensee or licensure applicant with the prior approval of the licensee or licensure applicant.
4. (d) Contents of Self-report. A self-report of intemperate use of drugs or alcohol shall at a minimum contain the approximate dates of intemperate use, the extent of intemperate use, the substance or substances used, the method or methods of ingestion, and any history of substance abuse treatment to include approximate dates of treatment and the specific locations where treatment was received.
5. (e) Preexisting Conditions. The determination as to whether a mental or physical condition predated and caused intemperate use of alcohol or drugs shall be made by the board based on medical records and/or credible testimony from health-care practitioners. In the event that medical records and credible testimony are unavailable or are inconclusive regarding whether a mental or physical condition predated and caused intemperate use of alcohol or drugs, the board shall exercise sound discretion in making a determination based on available evidence and may conclude that intemperate use of alcohol or drugs was not caused by a preexisting mental or physical condition.

6. (f) Confidentiality. Consideration of proposed agreed rehabilitation orders shall be conducted so as to keep the identity of the licensee or licensure applicant confidential. Confidentiality may be preserved through one or more of the following:

   1. (1) confidential informal settlement conferences/show compliance proceedings;
   2. (2) confidential modification and termination requests and proceedings;
   3. (3) executive sessions by the board and board committee; and/or
   4. (4) redaction of identifying information when such orders are considered in open session.

Source Note:The provisions of this §180.1 adopted to be effective June 14, 1996, 21 TexReg 4995.