CHAPTER 4006. DISABILITY PROBATION OF AGENTS - Texas Statutes

INSURANCE CODE

TITLE 13. REGULATION OF PROFESSIONALS

SUBTITLE A. GENERAL PROVISIONS

CHAPTER 4006. DISABILITY PROBATION OF AGENTS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 4006.001. DEFINITION. In this chapter, "disability" means

any physical, mental, or emotional condition that results in an

agent's inability to carry out the agent's professional

responsibilities to insureds, the profession, or the public.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,

2005.

Sec. 4006.002. RULES. The commissioner may adopt rules as

necessary to implement this chapter.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,

2005.

SUBCHAPTER B. POWERS AND DUTIES OF DEPARTMENT

Sec. 4006.051. DISABILITY PROBATION ORDER. (a) The department

may order that an agent be placed on disability probation if,

after notice and an opportunity for a hearing, the department

determines that the agent is suffering from a disability.

(b) The department may order disability probation for an agent

only if the agent demonstrates that:

(1) the disability can be successfully arrested and treated

while the agent is engaged in the agent's professional business;

(2) the disability is unlikely to cause harm to the public

during the period of rehabilitation;

(3) adequate supervision of any necessary conditions of the

probation will occur; and

(4) the agent is capable of competently performing the agent's

professional duties.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,

2005.

Sec. 4006.052. RESTITUTION. (a) The department may order

disability probation for an agent only if the agent makes full

restitution during the probation period to all insureds and other

persons harmed by the agent's:

(1) violation of this code or other laws regulating the business

of insurance in this state; or

(2) failure to comply with other professional responsibilities.

(b) The department shall require the restitution described by

Subsection (a) as a condition of the probation.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,

2005.

Sec. 4006.053. DURATION OF PROBATION. (a) If the department

orders disability probation, the department shall set the

probation for a specified period or until further order of the

department.

(b) The department may order a probation period that exceeds the

one-year maximum suspension authorized under Section 82.052(1).

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,

2005.

Sec. 4006.054. PROBATION CONDITIONS. (a) An order placing an

agent on disability probation must state the probation

conditions.

(b) In establishing the probation conditions, the department

shall consider:

(1) the nature and circumstances of the agent's conduct;

(2) the agent's history, character, and condition; and

(3) the nature of the agent's disability.

(c) The department may impose on the agent any of the following

probation conditions:

(1) periodic reports to the department;

(2) satisfactory completion of a course of study required by the

department;

(3) payment of costs, including reasonable attorney's fees and

other expenses, related to the proceedings before the department;

(4) psychological evaluation, counseling, and treatment;

(5) drug and alcohol abuse evaluation, counseling, and

treatment;

(6) abstinence from alcohol or drugs;

(7) mandatory attendance at meetings of Alcoholics Anonymous,

Narcotics Anonymous, or similar support groups;

(8) periodic random urine testing to screen for drug and alcohol

abuse; and

(9) any other probation condition that the department considers

appropriate.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,

2005.

Sec. 4006.055. SUPERVISION DURING PROBATION. The department

shall supervise an agent placed on disability probation.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,

2005.

Sec. 4006.056. EFFECT OF NONCOMPLIANCE. On a showing of an

agent's failure to comply with the disability probation

conditions, the department may:

(1) revoke the probation; or

(2) impose other conditions that the department considers

necessary for the public's protection and the agent's

rehabilitation.

Added by Acts 2003, 78th Leg., ch. 1274, Sec. 7, eff. April 1,

2005.