Alcohol & Drug Abuse
Michael Sharp was the first Director of the State Program on Drug Abuse under Governor Dolph Briscoe in 1973. From his task of obtaining federal funds for drug treatment to identifying effective treatments for the exploding Viet Nam Era drug problem, he and members of the Firm have been engaged daily in drug and alcohol issues involving health care providers. Michael Sharp, along with others in this field, successfully urged the Texas Medical Board (then the Texas State Board of Medical Examiners) to seek from the Texas Legislature a means to address substance abuse as well as other impairments without the taint of disciplinary action and Public Orders. The Texas Legislature did provide an exception to the public order requirement that allowed physicians suffering from drug or alcohol disease to self report and have an opportunity for a non-disciplinary non-public Agreed Rehabilitation Order. The Rehabilitation Order has now been supplanted by the Physicians Health Program, which provides independent confidentiality. Nurses, pharmacists and dentists also have certain opportunities for assessment and treatment outside the agency disciplinary arena through peer assistance programs. However, cases may be referred back to any licensing Board for lack of compliance with a peer assistance program or if a practitioner disputes an allegation of impairment or abuse.
Members of the Firm have extensive dealings with these impairment and abuse issues, both from working inside the agencies as well as in private practice. A substantial number of cases involving substance abuse issues are continuously handled by our firm. We are experienced in the issues involving abuse versus addiction, dependency, relapse issues and effective recovery treatments and programs. We have worked closely with treating professionals and are knowledgeable about the attendant issues very often associated with abuse or addiction (e.g. depression, work stress, ADD/ADHD, family issues).
In many situations, practitioners may be faced with a first time arrest for driving while intoxicated, allegations by peer or co-workers of impairment or inappropriate behavior or outbursts, or adverse family or personal situations. This may indicate the need to assess the client’s possible risk of disciplinary or peer review action and to assess whether professional treatment or other action may be advisable. Early assessment within the confidentiality protections of the attorney-client relationship may help avoid later disciplinary or peer review action or help reduce the risk of such action.
A key to effective representation is the ability of each attorney to adequately counsel a client on the complicated risks and benefits of various courses of action. There is not a strategic formula that fits every client. The only way to effectively advise a client (who may be struggling with perceptual issues as well) is to have a thorough knowledge of the system and practice available at the particular agency that licenses that client, assessing the specific practice situation, and assessing the client’s goals and particular personal and professional situation. Attorneys with the firm are experienced in finding evaluators and treatment facilities when appropriate. We also work in conjunction with criminal defense counsel when collateral criminal matters are involved or possible. We are highly sensitive and responsive to our client’s professional and personal needs and goals.
Sharp & Cobos, L.L.P. is a boutique law firm handling all types of Administrative Law cases in Austin and throughout Texas. Our Austin Health Law Attorneys represent licensed professionals in proceedings before licensing boards, hospitals, and other third-party entities. Call (512) 473-2265 to have your case reviewed by an experienced Austin Administrative Law attorney at Sharp & Cobos, L.L.P.
