License Defense / Diversion Programs
 All Texas licensing agencies and Board’s recognize Alcoholism, Drug Addiction and other forms of mental illness as treatable diseases and have enabled provisions to give licensees afflicted with these disorders a chance for recovery. Nurses, Dentists Pharmacists and Veterinarians all have strong programs which combine elements from various groups, agencies and associations to monitor recovery. In essence, the enrollment in such a program is a diversionary effort by the Board to keep licensees active in their practice and often allow them to side-step the disciplinary process. Examples are TPAPN (The Texas Peer Assistance Program for Nurses) and the Dental Recovery Network.
If a licensee has been referred or ordered to a peer assistance program in lieu of discipline and they dispute the rationale or basis for the referral then they are likely in need of an attorney as the matter has become complex and is probably outside of their area of expertise. Moreover, even though they may not be chemically dependant or suffer from another form of mental illness, they are not in a credible position to argue their point. This is best handled by an experienced advocate who is familiar with both the rules and the process.
| "if a licensee has failed to abide by the diversion regimen then they are likely to face a formal disciplinary proceeding" |
Similarly, if a licensee has failed to abide by the diversion regimen then they are likely to face a formal disciplinary proceeding and should hire legal counsel as the stakes have dramatically increased. In these cases the Board acts swiftly and the penalties are often severe as the problem is seen as one that is not taken seriously or is so far advanced that more intervention is necessary. |
