CHAPTER 4006. DISABILITY PROBATION OF AGENTS
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.