Part III.
Texas Commission on Alcohol and Drug Abuse
Chapter 142.
Investigations and Hearings
40 TAC §§142.31, 142.32
The Texas Commission on Alcohol and Drug Abuse proposes amendments
to §§142.31 and 142.32 concerning investigations and hearings.
These sections describe the procedures for facilities and chemical dependency
counselor disciplinary hearings and administrative penalties. These sections
are being amended to implement recent amendments to Texas Civil Statues,
Article 4512o providing for administrative penalties for counselors and to
further implement Texas Health and Safety Code, §464.019 providing for
administrative penalties for facilities.
Terry Faye Bleier, Executive Director, has determined that for the first
five-year period the amendments are in effect there will be minimal fiscal
implications for the commission as facilities and counselors are assessed
fees and pay those fees to the commission. There will be no fiscal implication
for other state agencies or local government as a result of the proposed
amendments.
Ms. Bleier also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated will be consistent,
orderly, and fair sanctions for persons and entities regulated by the commission.
There will be additional effect on small businesses. There are no anticipated
additional economic costs to persons who are required to comply with the
rules as proposed; however, specific persons and entities will pay penalties
to the commission.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The amendments are proposed under the Texas Health and Safety
Code, Chapter 464, which provides the Texas Commission on Alcohol and Drug
Abuse with the authority to adopt rules and standards for licensure of chemical
dependency treatment facilities and under Texas Civil Statutes, Article 4512o,
which provides the commission with the authority to establish procedures
for the licensure of chemical dependency counselors.
The codes affected by the proposed rules is the Texas Health and Safety
Code, Chapter 464 and Texas Civil Statutes, Article 4512o.
§142.31. Procedure for Facility and Chemical Dependency Counselor Disciplinary Hearings.
(a)-(c)
(No change.)
(d)
At the conclusion of the informal conference, or in lieu
of an informal conference, the executive director or the director's designee
may offer the respondent an agreed final order. If the respondent accepts
the proposed order, the matter is concluded upon concurrence of the [
(e)-(g)
(No change.)
(h)
The board will consider the proposal for decision
in all matters other than an administrative penalty for
[
(i)
The executive director will consider the proposal for
decision regarding
an administrative penalty for a chemical dependency
counselor
[
(j)-(l)
(No change.)
§142.32. Administrative Penalties.
(a)
Violations are categorized according to the seriousness
of the violation and the actual or potential harm to the health, safety,
and welfare of the public. The commission has established specific guidelines
for assigning categories. These guidelines are available for review at the
commission's administrative offices at 9001 North IH 35, Suite 105, Austin,
Texas, 78753
[
(b)
Administrative penalties are not assessed for the
most serious violations, which are assigned to Category A. Instead, the commission
will seek to revoke or suspend the license
[
(c)
Administrative penalties are not an option if the
licensee has failed to pay administrative penalties assessed in the past
[
[
[
[
[
[
[
(d)
Self-reported violations are not subject to administrative
penalties provided:
[
Figure 1: 40 TAC §142.32(d)
(1)
the licensee achieves compliance by the
established deadline; and
(2)
the commission does not initiate
a field investigation.
(e)
Administrative penalties for facilities are assessed
using the following point system.
[
Figure 2: 40 TAC §142.32(e)
(1)
Points are assigned to each violation
using the matrix shown in Figure 1: 40 TAC §142.32(d).
(2)
The point value of all violations
is added and the total is multiplied by $10 per point.
(3)
If the total dollar value is over
$5,000, the commission will seek to revoke or suspend the facility's license
instead of imposing an administrative penalty
[
[
[
(f)
Administrative penalties for counselors are assessed
using the following point system
[
(1)
Points are assigned to each violation
using the matrix shown in Figure 2: 40 TAC §142.32(e).
(2)
The point value of all violations
is added and the total is multiplied by $12 per point.
(3)
If the total dollar value is over
$2,000, the commission will seek to revoke or suspend the counselor's license
instead of imposing an administrative penalty.
(g)
When administrative penalties are recommended, the
executive director shall report staff findings and recommendations to the
board, including the amount of the recommended penalty
[
(h)
The executive director shall give written notice
to the licensee adversely affected. The notice will be by certified mail.
The notice shall include:
[
(1)
a brief summary of the alleged violations;
(2)
a statement of the amount of the
recommended penalty; and
(3)
a notification that the licensee
has a right to a hearing on the occurrence of the violation, the amount of
the penalty, or both.
(i)
The licensee shall accept the determination
and recommended penalty or request an administrative hearing in writing within
20 days of the mailing of the notice. If the licensee accepts the determination
and recommended penalty, the board shall issue an order approving both.
(j)
If the licensee requests an administrative
hearing or fails to respond within 20 days, the executive director or the
director's designee shall set a hearing before the State Office of Administrative
Hearings.
(k)
Section 142.31 (e)-(k) of this title (relating
to Procedure for Facility and Chemical Dependency Counselor Disciplinary
Hearings) apply to notice of the hearing, the hearing, hearings procedures,
the proposal for decision, exceptions, replies to exceptions, the commission's
decision, and motions for rehearing.
(l)
A licensee who has not paid final administrative
penalties is not eligible for licensure renewal.
(m)
Facilities shall not be required to pay
administrative penalties under these rules until January 1, 1999.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800714
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
General Provisions
40 TAC §§147.1-147.9
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Alcohol and Drug Abuse or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§147.1-147.9 concerning general provisions for approved
drug offender education programs. These sections define terms used in this
chapter and describe the objectives of the chapter; scope of the rules, regulations,
and standards; fees; program approval; program approval expiration; uniform
certificates of course completion; denial, revocation, or nonrenewal of approval;
and invalidity of provisions. The repeal is proposed because the rules for
the various offender education programs are being updated and consolidated
into one chapter.
Terry Bleier, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of obsolete rules. There will be no effect on small businesses. There is
no anticipated economic cost to current providers.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repealed sections are proposed under the Texas Transportation
Code, §§521.374-521.376, which provides the Texas Commission on
Alcohol and Drug Abuse with the authority to promulgate written rules and
regulations setting forth minimum standards for the operation of approved
drug offender education programs.
The code affected by the repealed sections is the Texas Transportation
Code, §§521.374-521.376.
§147.1. Definitions.
§147.2.Objective.
§147.3.Scope of Rules, Regulations, and Standards.
§147.4. Fees.
§147.5. Program Approval: Application and Issuance of Certificate of Approval.
§147.6. Program Approval Expiration: Renewal.
§147.7. Uniform Certificates of Course Completion.
§147.8. Denial, Revocation, or Nonrenewable of Approval.
§147.9. Invalidity of Provisions.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800696
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
40 TAC §§147.31-147.44
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Alcohol and Drug Abuse or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§147.31-147.44 concerning program standards and procedures
for drug offender education program standards. These sections describe the
program purpose, content, admission criteria, confidentiality, operational
requirements, discrimination prohibitions, provisions for participant complaints,
and requirements for program administrators, instructors, classroom facilities,
recordkeeping and reporting. These sections also state that the commission
will maintain a listing of programs and has the right to monitor programs
for compliance. The repeal is proposed because the rules for the various
offender education programs are being updated and consolidated into one chapter.
Terry Bleier, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of obsolete rules. There will be no effect on small businesses. There is
no anticipated economic cost to current providers.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repealed sections are proposed under the Texas Transportation
Code, §§521.374-521.376, which provides the Texas Commission on
Alcohol and Drug Abuse with the authority to promulgate written rules and
regulations setting forth minimum standards for the operation of approved
drug offender education programs.
The code affected by the repealed sections is the Texas Transportation
Code, §§521.374-521.376.
§147.31. Program Purpose.
§147.32. Program Content.
§147.33. Program Admission.
§147.34. Confidentiality.
§147.35. Program Operation Requirements.
§147.36. Discrimination Prohibited.
§147.37. Participant Complaints.
§147.38. Program Administrators.
§147.39. Program Instructors.
§147.40. Instructor Recertification.
§147.41. Classroom Facilities.
§147.42. Recordkeeping and Reporting.
§147.43. Program Listing.
§147.44. Program Monitoring.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800697
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
Subchapter A. Civil Court Commitments
40 TAC §§149.1, 149.13, 149.15, 149.16
The Texas Commission on Alcohol and Drug Abuse proposes amendments
to §§149.1, 149.13, 149.15, and 149.16 concerning civil court commitments.
These sections define the terms used in this chapter, licensure and general
procedures of the facilities, and the documentation requirements. These sections
are being amended to eliminate provisions repetitious of state law and to
add certain programmatic elements.
Terry Faye Bleier, Executive Director, has determined that for the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government as a result of enforcing the rules.
Ms. Bleier also has determined that for each year of the first five years
the amendments are in effect the public benefit anticipated will be elimination
of provisions repetitious of state law and clearer understanding of the programmatic
elements. There will be no effect on small businesses. There are no anticipated
economic costs to persons who are required to comply with the rules as proposed.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The amendments are proposed under the Texas Health and Safety
Code, Chapter 461 and 462, which provide the Texas Commission on Alcohol
and Drug Abuse with the authority to adopt rules and standards for approval
of chemical dependency treatment facilities to accept court commitments.
The code affected by the proposed rules is the Texas Health and Safety
Code, Chapter 461 and 462.
§149.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
[
Client rights
- The list of civil rights guaranteed to clients
in substance abuse programs. For statutory rights of voluntarily admitted
clients, see Texas Health and Safety Code, §321.002 and §464.009(b)(3).
For involuntary client rights, see Texas Health and Safety Code, §462.046
and §462.048
and Texas Administrative Code, §148.144 and
§148.145
.
§149.13. Licensure.
(a)-(b)
(No change.)
(c)
Facilities licensed by the Texas Department of Health
shall provide services equivalent to those specified in subsection (b) of
this section
[
[
§149.15. General Procedures.
(a)
The facility's court commitment program shall implement
procedures for compliance with Federal and State Statutory and Administrative
Code provisions that relate to the care and custody of court committed clients.
These provisions include:
(1)-(2)
(No change.)
(3)
Texas Administrative Code,
Title 40, Chapter
148, as applicable, and Chapter 149
[
(b)
(No change.)
(c)
The facility shall ensure that the designated
staff members working with the court commitment program develop a working
relationship with the judiciary. Staff members shall provide the judiciary
with sufficient information in writing on the program design, treatment methods,
and admission processes to assist the judiciary in committing appropriate
clients to the facility.
(d)
The facility shall also develop and implement
written referral procedures that incorporate other available resources to
assist in the referral and placement of clients that are inappropriate for
admission.
§149.16. Documentation.
(a)
(No change.)
(b)
The client record shall also contain copies of the following
documents:
(1)-(7)
(No change.)
(8)
order of commitment or writ of commitment; [
(9)
transfer order (if applicable),
and
(10)
modification order of the initial
petition for court ordered treatment (if applicable).
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800715
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
40 TAC 149.21, 149.22, 149.31, 149.32, 149.54
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Alcohol and Drug Abuse or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§149.21, 149.22, 149.31, 149.32, and 149.54 concerning
civil court commitments. These sections describe admissions for chemical
dependency emergency detention, persons court-ordered to inpatient and outpatient
chemical dependency services, rights of persons apprehended for emergency
detention, special rights for clients under order of protective custody,
passes and furloughs. These sections are being repealed as they are repetitious
of state law.
Terry Faye Bleier, Executive Director, has determined that for the first
five-year period the repeal is in effect there will be no fiscal implications
for state or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of provisions repetitious of state law. There will be no effect on small
businesses. There are no anticipated economic costs to persons who are required
to comply with the rules as proposed.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repeals are proposed under the Texas Health and Safety Code,
Chapter 461 and 462, which provide the Texas Commission on Alcohol and Drug
Abuse with the authority to adopt rules and standards for approval of chemical
dependency treatment facilities to accept court commitments.
The code affected by the repealed sections is the Texas Health and Safety
Code, Chapter 461.
§149.21. Admissions: Chemical Dependency Emergency Detention.
§149.22. Rights of Persons Apprehended for Emergency Detention.
§149.31.Admissions: Persons Court-Ordered to Inpatient Chemical Dependency Services.
§149.32. Order of Protective Custody - Special Rights.
§149.33. Passes and Furloughs.
§149.54. Admissions: Persons Court-Ordered to Outpatient Chemical Dependency Services.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800716
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
General Provisions
40 TAC §§152.1-152.8
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Alcohol and Drug Abuse or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§152.1-152.8 concerning general provisions for approved
alcohol awareness programs. These sections define terms used in this chapter
and describe the objectives of the chapter; scope of the rules, regulations,
and standards; program approval; approved program renewal; denial, revocation,
or nonrenewal of approval; invalidity of provisions; and fees. The repeal
is proposed because the rules for the various offender education programs
are being updated and consolidated into one chapter.
Terry Bleier, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of obsolete rules. There will be no effect on small businesses. There is
no anticipated economic cost to current providers.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repealed sections are proposed under the Texas Alcoholic
Beverage Code, §106.115, and Texas Health and Safety Code, §461.012(18)
which provide the Texas Commission on Alcohol and Drug Abuse with the authority
to promulgate written rules and regulations setting forth minimum standards
for the operation of approved alcohol awareness programs.
The codes affected by the repealed sections are the Texas Alcoholic Beverage
Code, §106.115, and Texas Health and Safety Code, §461.012(18).
§152.1. Definitions.
§152.2. Objective.
§152.3. Scope of Rules, Regulations, and Standards.
§152.4. Program Approval.
§152.5. Approved Program Renewal.
§152.6. Denial, Revocation, or Nonrenewal of Approval.
§152.7. Invalidity of Provisions.
§152.8. Fees.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800709
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
40 TAC §§152.20-152.33
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Alcohol and Drug Abuse or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§152.20-152.33 concerning program standards for alcohol
awareness programs. These sections describe the purpose of approved program,
program content, curriculum criteria, program admission, confidentiality,
program operation requirements, discrimination prohibitions, provisions for
participant complaints, and requirements for program administrators, instructors,
classroom facilities, recordkeeping and reporting. These sections also state
that the commission will maintain a listing of programs and has the right
to monitor programs for compliance. The repeal is proposed because the rules
for the various offender education programs are being updated and consolidated
into one chapter.
Terry Bleier, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of obsolete rules. There will be no effect on small businesses. There is
no anticipated economic cost to current providers.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repealed sections are proposed under the Texas Alcoholic
Beverage Code, §106.115, and Texas Health and Safety Code, §461.012(18)
which provide the Texas Commission on Alcohol and Drug Abuse with the authority
to promulgate written rules and regulations setting forth minimum standards
for the operation of approved alcohol awareness programs.
The codes affected by the repealed sections are the Texas Alcoholic Beverage
Code, §106.115, and Texas Health and Safety Code, §461.012(18).
§152.20. Purpose of Approved Program.
§152.21. Program Content.
§152.22. Curriculum Format.
§152.23. Program Admission.
§152.24. Confidentiality.
§152.25. Program Operation Requirements.
§152.26. Discrimination Prohibited.
§152.27. Participant Complaints.
§152.28. Program Administrators.
§152.29. Program Instructors.
§152.30. Classroom Facilities.
§152.31. Recordkeeping and Reporting.
§152.32. Program Listing.
§152.33. Program Monitoring.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800710
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
General Provisions
40 TAC §§153.1-153.19
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Alcohol and Drug Abuse or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§153.1-153.19 concerning general provisions for approved
drug offender education programs. These sections define terms used in this
chapter and describe the objective of the chapter; scope of the rules, regulations,
and standards; program certification; certification renewal; denial or revocation
of certification; exceptions from the provisions of the standards; invalidity
of provisions; opinions and advice; precedent; initiation, notice; hearings;
petitions of interested persons; validity; terminology; complaint procedures;
discrimination prohibited; and fees. The repeal is proposed because the rules
for the various offender education programs are being updated and consolidated
into one chapter.
Terry Bleier, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of obsolete rules. There will be no effect on small businesses. There is
no anticipated economic cost to current providers.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repealed sections are proposed under the Texas Code of Criminal
Procedure, Article 42.12, which provides the Texas Commission on Alcohol
and Drug Abuse with the authority to promulgate written rules and regulations
setting forth minimum standards for the operation of approved driving while
intoxicated education programs.
The code affected by the repealed sections is the Texas Code of Criminal
Procedure, Article 42.12.
§153.1. Definitions.
§153.2. Objective.
§153.3. Scope of Rules, Regulations, and Standards.
§153.4. Program Certification.
§153.5. Certification Renewal.
§153.6. Denial or Revocation of Certification.
§153.7. Exceptions from the Provisions of the Standards.
§153.8. Invalidity of Provisions.
§153.9. Opinions and Advice.
§153.10. Precedent.
§153.11. Initiation.
§153.12. Notice.
§153.13. Hearings.
§153.14. Petitions of Interested Persons.
§153.15. Validity.
§153.16. Terminology.
§153.17. Complaint Procedures.
§153.18. Discrimination Prohibited.
§153.19. Fees.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800711
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
40 TAC §§153.31-153.42
(Editor's note: The text of the following sections proposed
for repeal will not be published. The sections may be examined in the offices
of the Texas Commission on Alcohol and Drug Abuse or in the Texas Register
office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Commission on Alcohol and Drug Abuse proposes the
repeal of §§153.31-153.42 concerning program standards and procedures
for drug offender education program standards. These sections describe the
program purpose, content, admission and readmission criteria, confidentiality,
operational requirements, and requirements for program administrators, staff,
facilities, fiscal, and recordkeeping and reporting. These sections also
state that the commission has the right to monitor programs for compliance.
The repeal is proposed because the rules for the various offender education
programs are being updated and consolidated into one chapter.
Terry Bleier, Executive Director, has determined that for the first five-year
period the repeal is in effect there will be no fiscal implications for state
or local government as a result of the proposed repeal.
Ms. Bleier also has determined that for each year of the first five years
the repeal is in effect the public benefit anticipated will be the elimination
of obsolete rules. There will be no effect on small businesses. There is
no anticipated economic cost to current providers.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753.
The repealed sections are proposed under the Texas Transportation
Code, §§521.374-521.376, which provides the Texas Commission on
Alcohol and Drug Abuse with the authority to promulgate written rules and
regulations setting forth minimum standards for the operation of approved
drug offender education programs.
The code affected by the repealed sections is the Texas Transportation
Code, §§521.374-521.376.
§153.31. Program Purpose.
§153.32. Program Course Content.
§153.33. Program Admission.
§153.34. Readmission.
§153.35. Confidentiality.
§153.36. Program Operation Requirements.
§153.37. Program Administration.
§153.38. Program Staff.
§153.39. Facilities.
§153.40. Fiscal.
§153.41. Recordkeeping and Reporting.
§153.42. Program Monitoring and Evaluation.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800718
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
General Provisions and Procedures
40 TAC §§153.1-153.8
The Texas Commission on Alcohol and Drug Abuse proposes new
§§153.1-153.8 concerning offender education programs. The new sections
describe the terms used in this chapter, scope of rules, fees assessed by
the commission, application and approval/certification process, expiration
and renewal of certification, exceptions to the program, sanctions, and disciplinary
hearings. The new sections are proposed to consolidate into one chapter the
requirements for programs to become an offender education program approved
or certified by the Texas Commission on Alcohol and Drug Abuse.
Terry Faye Bleier, Executive Director, has determined that for the first
five-year period the new sections are in effect there will be no fiscal implications
for state or local government as a result of enforcing the new sections.
Ms. Bleier also has determined that for each year of the first five years
the new sections are in effect the public benefit anticipated will be quality
programming in offender education programs approved or certified by the Texas
Commission on Alcohol and Drug Abuse. There is no additional effect on small
businesses. There is no anticipated economic cost to persons required to
comply with the proposed new rules.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753-5233.
The new sections are proposed under the Texas Transportation
Code, §§521.374-521.376, the Texas Alcoholic Beverage Code, §106.115,
the Texas Health and Safety Code, §461.012(18), and the Texas Code of
Criminal Procedure, Article 42.12, which provide the Texas Commission on
Alcohol and Drug Abuse with the authority to promulgate written rules setting
forth minimum standards for the approval or certification of offender education
programs.
The codes affected by the proposed rules are the Texas Transportation Code
§§521.374-521.376, the Texas Alcoholic Beverage Code, §106.115,
the Texas Health Safety Code, §461.012(18), and the Texas Code of Criminal
Procedure, Article 42.12.
§153.1. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly states otherwise.
Alcohol awareness program
- The educational program for minors
approved by the commission as set forth under this chapter, and authorized
by Texas Alcoholic Beverage Code, §106.115. The program is designed
to:
(A)
present information to participants on the effects
of alcohol upon behavior and upon the lives of persons who use alcohol;
(B)
help participants identify their own drinking patterns
or problems;
(C)
educate participants about the laws relating to possession,
consumption, and purchase of alcoholic beverages; and
(D)
assist participants in developing a plan to reduce
the probability of involvement in future alcohol-related illegal behavior
or detrimental activity.
Approval period
- That period of time beginning with the date
approval (of a Drug Offender Education Program, Alcohol Awareness Program,
or DWI Intervention Program) was granted and ending August 31 of every odd-numbered
year.
Branch office/site
- An additional site which is located in
the same county as the program headquarters or in an adjacent county where
the approved Offender Education Program operates a program in compliance
with this chapter.
Certificates of course completion
- Uniform certificates of
completion issued by the Texas Commission on Alcohol and Drug Abuse which
are serially numbered and provided to approved/certified programs for dissemination
to program participants.
Certification period
- That period of time beginning with
the date certification (of a DWI Education Program) was granted and ending
August 31 of every even-numbered year.
Class records
- Personal data forms, pre- and post-tests, self-assessments,
screening instrument(s), homework assignments, action plans, and any other
written material required or used in the class instruction.
Class roster
- A form used to collect data on all participants
enrolled and in attendance at the first class session and is used to collect
data on those participants throughout the course.
Class size
- The number of participants officially enrolled
and in attendance at each class session.
Commission
- The Texas Commission on Alcohol and Drug Abuse.
Continuing education hour
- At least 50 minutes of participation
in an organized, systematic learning experience which deals with and is designed
for the acquisition of knowledge, skills, and information on drug-related
topics.
Drug offender
- A person convicted of:
(A)
a misdemeanor or felony offense under the Controlled
Substances Act (United States Code, Title 21, §321 et seq.);
(B)
a drug offense as assigned by United States Code,
Title 23, §159(c);
(C)
an offense under the Texas Penal Code, §§
49.04 - 49.09, committed as a result of the introduction into the body of
any substance the possession of which is prohibited under the Controlled
Substances Act; or
(D)
a felony under the Texas Health and Safety Code,
Chapter 481, that is not a drug offense.
Drug offender education program
- The educational program
for convicted drug offenders approved by the commission as set forth in this
chapter, and authorized under Texas Transportation Code, §512.374. The
program is designed to:
(A)
educate participants on the dangers of drug
use/abuse and associated illegal activities;
(B)
provide information on the effects of drug use/abuse
and related illegal activities on personal, family, social, economic and
community life;
(C)
assist participants in evaluating their own abusive
patterns connected with their use of drugs or associated illegal activities;
and
(D)
assist participants in developing a plan for positive
lifestyle changes to reduce chances of being involved in future drug use/abuse
and related illegal behaviors.
DWI
- The offense of driving while intoxicated as defined
in the Texas Penal Code, Chapter 49.
DWI Certification Committee
- A standing committee comprised
of at least one representative of each of the four approving agencies: the
Texas Commission on Alcohol and Drug Abuse (TCADA); the Department of Public
Safety (DPS); the Texas Department of Transportation (TxDOT); and the Texas
Department of Criminal Justice, Community Justice Assistance Division (CJAD).
The committee's purposes are to approve or disapprove applications for program
certification/recertification and waiver requests promulgated by Code of
Criminal Procedure, Article 42.12, §13(h), and to serve as a resource
for recommendations on rule changes to the governing board of the Texas Commission
on Alcohol and Drug Abuse.
DWI education program
- The educational program for individuals
convicted of DWI approved by the commission as set forth in this chapter,
and authorized under Texas Code of Criminal Procedure, Article 42.12, §13(h).
The program is designed to:
(A)
present information on the effects of alcohol
and other drugs on driving skills;
(B)
help participants identify their own individual drinking
or drugged driving patterns; and
(C)
assist participants in developing a plan to reduce
the probability that they will be involved in future DWI behavior.
DWI intervention program
- The educational program for DWI
repeat offenders which has been approved by the commission as set forth in
this chapter, and authorized under Texas Code of Criminal Procedures, Article
42.12, §13(j). The program is designed to:
(A)
educate participants about chemical dependency
and the problems associated with chemical dependency;
(B)
provide intensive instruction about specific actions
participants can take to prevent future DWI offenses; and
(C)
instruct participants about methods and ways to make
necessary lifestyle changes in order to prevent alcohol/drug-related problems
in other areas of the participants' lives.
Minor
- A person under the age of 21 years.
Program headquarters
- The primary administrative center of
the approved program identified as the business address in the application.
Offender education program
- The Alcohol Awareness Program,
Drug Offender Education Program, DWI Education Program, or DWI Intervention
Program approved under this chapter.
Reporting period
- That period of time beginning with the
date program approval was granted and ending August 31 of each year.
Screening instrument
- A written device approved by the commission
and administered to each program participant for the purpose of:
(A)
identifying indicators of a potential substance
abuse problem; and
(B)
making recommendations for further evaluation, where
indicated.
§153.2. Scope of Rules.
Any entity or individual seeking to operate an approved offender education
program must obtain written approval by the commission and comply with this
chapter.
§153.3. Fees.
(a)
Fees will be assessed by the commission in
accordance with the fee schedule set forth in §153.4(b) of this title
(relating to Application and Approval/Certification), as applicable.
(b)
The schedules of fees shall be as follows:
(1)
initial application fee - $250;
(2)
application renewal fee -$125;
(3)
participant certificates of completion
- $100/batch (in batches of 100 at $1.00 per certificate);
(4)
program approval certificate duplication
or replacement fee - $5.00.
(c)
Fees paid to the commission by applicants are
not refundable.
(d)
Payment must be in the form of cashier's check,
money order, commercial check, or agency voucher.
§153.4. Application and Approval/Certification.
(a)
The program seeking approval (applicable to
Drug Offender Education Programs, Alcohol Awareness Programs, and DWI Intervention
Programs) or certification (applicable to DWI Education Programs) shall submit
the application fee and the application form prescribed by the commission.
(b)
When the program has met all requirements set
forth in this chapter, the commission will issue a certificate. A certificate
for a DWI Education Program will not be issued until the DWI Certification
Committee approves the application.
(c)
A certificate of approval becomes effective
on the first day of the following month after approval and expires on August
31 of every odd-numbered year. A DWI Education certificate becomes effective
on the first day of the following month after certification and expires on
August 31 of every even-numbered year.
(d)
A certificate shall be prominently displayed
at each location where services are provided.
(e)
The program shall obtain a duplicate certificate
from the commission for each branch site. Branch sites shall be located in
the same county as the program headquarters or in an adjacent county. Each
branch office or program site must have a local address and telephone number
for participants to register and obtain information.
(f)
The organization must submit a separate application
and application fee to operate the program at a site that is not located
in the same county as the program headquarters or in an adjacent county.
The new application shall designate a program headquarters and may establish
branch sites.
§153.5. Expiration and Renewal.
(a)
At least 30 days before the certificate's expiration
date, a program seeking renewal shall submit the application fee and the
application form prescribed by the commission.
(b)
Applicants for renewal must demonstrate continued
compliance with applicable requirements.
(c)
When the program has met all renewal requirements,
the commission will issue a certificate. A certificate for a DWI Education
Program will not be issued until the DWI Certification Committee approves
the renewal application.
(d)
Renewal of a Drug Offender Education Program,
Alcohol Awareness Program, or DWI Intervention Program becomes effective
on September 1st of the year of renewal, and expires on the 31st day of August
of every odd numbered year. Renewal of a DWI Education Program becomes effective
on September 1st of the year of renewal and expires on the 31st day of August
of every even-numbered year.
(e)
Programs which fail to obtain renewal before
the expiration date must submit a new application as required in §153.4
of this title (relating to Application and Approval/Certification).
§153.6 Exceptions.
(a)
In programs where specific standards cannot
be complied with because of alleged difficulty or hardship, exceptions to
specific provisions of the standards may be made where clearly justified
if the intent of the certification standard is met and the effective and
efficient operation of the program is not seriously affected.
(b)
To request an exception, the program shall
submit a written request to the commission stating:
(1)
the name, address, and phone number of the program;
(2)
the section or number of standard or item which will
be affected; and
(3)
action that staff or program will provide to replace
or offset the particular exception request.
(c)
Approval or disapproval of a request for exception
for a DWI Education Program will be determined by the DWI Certification Committee.
Decisions on all other requests for exceptions will be made by the commission.
(d)
The commission will send the program written
notice of the decision.
(e)
All exceptions granted will expire at the end
of the programs' approval/certification period.
§153.7 Sanctions.
Any violation of the requirements of this chapter shall be considered
sufficient cause for revocation or denial of program approval or certification.
§153.8. Procedure for Disciplinary Hearings.
(a)
When the commission has substantiated information indicating
that a violation has been committed, the commission may issue a notice of
intent to take disciplinary action. The notice shall state the alleged violation(s)
and the action to be taken.
(b)
The respondent may request an informal conference no
later than 20 days following the notice of intent was mailed.
(c)
If the commission receives a timely request for an informal
conference, the conference will be scheduled before the executive director
or the director's designee. At the conference the respondent will be given
the opportunity to show compliance with all requirements of law and why the
proposed action should not be taken.
(d)
At the conclusion of the informal conference, or in lieu
of an informal conference, the executive director or the director's designee
may offer the respondent an agreed final order. If the respondent accepts
the proposed order, the matter is concluded upon concurrence of the board.
If the respondent does not accept the agreed final order, the executive director
or the director's designee shall prepare a proposed order.
(e)
The board will consider the proposed order regarding
a program and issue a final order.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800717
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
40 TAC §§153.32-153.36, 153.41-153.44, 153.51-153.55
The Texas Commission on Alcohol and Drug Abuse proposes new
§§153.32-153.36, 153.41-153.44, and 153.51-153.55 concerning program
standards for offender education programs. The new sections describe the
program content and materials, uniform certificates of completion, confidentiality,
discrimination prohibited, procedures to resolve participant complaints,
classroom facilities and equipment, program administration, recordkeeping
and reporting, program instructors, general program operation requirements,
and additional requirements for drug offender education programs, alcohol
awareness programs, DWI education programs, and DWI intervention programs.
The new sections are proposed to consolidate into one chapter the requirements
for programs to become an approved or certified offender education program.
Terry Faye Bleier, Executive Director, has determined that for the first
five-year period the new sections are in effect there will be no fiscal implications
for state or local governments as a result of enforcing the new sections.
Ms. Bleier also has determined that for each year of the first five years
the new sections are in effect the public benefit anticipated will be quality
programming in offender education programs approved or certified by the Texas
Commission on Alcohol and Drug Abuse. There is no additional effect on small
businesses. There is no anticipated economic cost to persons required to
comply with the proposed new rules.
Comments on the proposal may be submitted to Tamara Allen, Program Compliance,
Texas Commission on Alcohol and Drug Abuse, 9001 North IH 35, Suite 105,
Austin, Texas 78753-5233.
The new sections are proposed under the Texas Transportation
Code, §§521.374-521.376, the Texas Alcoholic Beverage Code, §106.115,
the Texas Health and Safety Code, §461.012(18), and the Texas Code of
Criminal Procedure, Article 42.12, which provide the Texas Commission on
Alcohol and Drug Abuse with the authority to promulgate written rules setting
forth minimum standards for the approval or certification of offender education
programs.
The codes affected by the proposed rules are Texas Transportation Code,
§§521.374-521.376, the Texas Alcoholic Beverage Code, §106.115,
the Texas Health and Safety Code, §461.012(18), and the Texas Code of
Criminal Procedure, Article 42.12.
§153.32. Program Content and Materials.
(a)
Approved offender education programs shall
use uniform curricula and screening instruments approved by the commission.
(b)
The following curricula are approved:
(1)
The Texas Drug Offender Education Program Administrator/Instructor
Manual;
(2)
The Alcohol Education Program for Minors
Instructor Manual;
(3)
The Texas DWI Education Program Administrator/Instructor
Manual; and
(4)
The Texas DWI Intervention Program Manual.
(c)
The curricula are available for review free
of charge, at the Texas Commission on Alcohol and Drug Abuse, 9001 North
IH 35, Suite 105, Austin, Texas 78753-5233.
(d)
Any supplemental videotapes used in the program
must have prior approval from the commission according to the following criteria:
(1)
the program uses the required videotapes in
the appropriate modules;
(2)
the program exceeds the minimum sessions/hours
of instruction per course; and
(3)
the videotapes relate directly to the
objectives of the curriculum module in which they are used.
§153.33. Uniform Certificates of Course Completion.
(a)
All approved offender education programs must
purchase serially numbered uniform certificates of course completion from
the commission.
(b)
All approved offender education programs shall
maintain an ascending numerical accounting record of all issued and unissued
certificates.
(c)
An original certificate shall be issued to
each participant who successfully completes the course. The program shall
retain one copy.
(d)
Each program shall develop procedures for issuing
duplicate certificates. The procedures shall ensure that the duplicate certificate
is clearly identified as being a duplicate of a previously issued certificate
and includes the control number of the previously issued certificate.
§153.34. Confidentiality.
Approved offender education programs shall abide by all applicable
federal and state laws requiring confidentiality of patient/client records
including, without limitation, United States Code, Title 42, §290dd-3
and §290ee-3; Code of Federal Regulations, Title 42, Part 2; and the
Texas Health and Safety Code, Chapter 611.
§153.35. Discrimination Prohibited.
Approved offender education programs shall be conducted without regard
to the gender, race, religion, age, national origin, or disability of the
person affected.
§153.36. Participant Complaints.
(a)
Programs shall establish procedures to resolve
participant complaints.
(b)
Programs shall prominently display at each
site where coursework is conducted a sign containing the name, mailing address,
and telephone number of the commission and a statement notifying all persons
that any complaints against the program may be directed to the commission.
(c)
Upon verbal or written request, an approved
program or any person associated with the program shall promptly provide
complete and concise information about complaint procedures, including procedures
for complaining directly to the commission.
§153.41. Classroom Facilities and Equipment.
(a)
All sessions shall be conducted in appropriate
classroom facilities which are in compliance with the Americans with Disabilities
Act, 1990. The classrooms shall be conducive to study and have:
(1)
a sufficient number of tables or desks;
(2)
adequate seating;
(3)
sufficient lighting; and
(4)
appropriate acoustics and climate control.
(b)
Classroom facilities should be easily accessible
to all class participants.
(c)
Audiovisual equipment shall be in good working
order and in good condition for use in class instruction.
(d)
Television monitors must be at least 25 inches
in diameter and video tapes must be of high quality.
(e)
Transparencies and videos must be displayed
in a manner which produces a clear image and allows all participants to have
an unobstructed view.
§153.42. Program Administration.
(a)
Each approved offender education program shall
designate a program administrator who shall be responsible for and insure
the proper operation of the program in compliance with this chapter.
(b)
Program administrators shall meet all of the
requirements of program instructors, including successful completion of the
administrator/instructor training program approved by the commission.
(c)
Program administrators shall develop written
job descriptions that specifically outline the qualifications, duties, and
responsibilities of the administrator and instructors in compliance with
§§153.44, 153.52, 153.53, 153.54, and 153.55, as applicable.
(d)
The program shall set definite and reasonable
course fees. Course fees should be utilized to maintain and enhance the program's
operations.
(e)
Program administrators shall maintain written
class schedules which include the dates, times, and locations where classes
will be held, and the fees charged by the program.
(f)
Program administrators shall maintain ongoing
contact with appropriate community resources for possible referral of participants
when indicated.
§153.43. Recordkeeping and Reporting.
(a)
The program administrator shall be responsible
for collecting and maintaining all required data on each class participant.
(1)
All programs shall collect the following information:
(A)
name;
(B)
street address, city, and zip code;
(C)
date of birth;
(D)
sex;
(E)
driver's license number (if any);
(F)
grade in school or educational level achieved;
(G)
present employment;
(H)
date of enrollment;
(I)
date of course completion;
(J)
screening instrument utilized;
(K)
screening instrument indicator codes/scores;
(L)
referral recommendations;
(N)
attendance record; and
(Q)
certificate of completion number.
(2)
Drug Offender Education Programs,
Alcohol Awareness Programs, and DWI Education Programs shall also collect
the following information:
(A)
individual pre-and post-test scores ;
(B)
pre- and post-test class averages; and
(C)
percent of knowledge increase.
(3)
DWI Intervention Programs shall also
collect:
(A)
blood alcohol level at time of arrest (if known);
(B)
number of prior alcohol/drug-related arrests;
and
(C)
documentation that the agreement form, AA attendance,
family/significant other attendance, individual sessions, and exit interview
requirements were completed as outlined in the Texas DWI Intervention Program
Manual.
(4)
Alcohol Awareness Programs shall
also collect the name of the referring judge.
(b)
Class rosters and copies of the issued certificates
of completion shall be retained by the program administrator for at least
three years from the date of course completion. All other records shall be
retained for a period of one year from the date of course completion.
(c)
The following items shall be submitted to the
commission by September 15 of each year:
(1)
total number of participants entering the course;
(2)
total number of participants successfully
completing the course;
(3)
total number of courses held annually;
(4)
names of all certified instructors employed
by the program and number of courses each conducted during the annual reporting
period;
(5)
driver's license numbers of all participants,
or, in the absence of a driver's license number, the date of birth of each
participant completing the course;
(6)
average percent of knowledge increase
from pre-test to post-test for all courses conducted during the reporting
period (not required for DWI Intervention Programs);
(7)
percent of total participants indicating
significant substance abuse problem as defined in the required screening
procedure; and
(8)
the number of participants who entered
treatment as a result of participation (required for DWI Intervention Programs
only).
(d)
The program administrator shall notify the
commission within 30 days of any change in address, telephone number, or
change of program administrator or instructors.
§ 153.44. Program Instructors.
(a)
All program instructors must:
(1)
be certified instructors who have successfully
completed the applicable administrator/instructor offender education training
program approved by the commission;
(2)
possess good communication skills and
have demonstrated instructional ability;
(3)
have the ability to use a variety of teaching
strategies;
(4)
serve as a resource manager by referring
participants to a full range of community services as needed; and
(5)
keep the commission informed of their
current mailing address at all times.
(b)
Instructors in Alcohol Awareness Programs and
DWI Intervention Programs must teach at least one complete course during
the annual reporting period to retain certification.
(c)
If an instructor's certification lapses due
to failure to comply with applicable requirements, the instructor must repeat
and successfully complete the applicable initial administrator/instructor
training program.
§153.51. General Program Operation Requirements.
(a)
All approved offender education programs shall
use the applicable curriculum approved in §153.32 of this title (relating
to Program Content and Materials), including all required videos, transparencies,
participant workbooks, booklets, and other resources or written materials.
The curriculum must be presented in the prescribed manner and sequence.
(b)
All classes shall be taught by certified program
instructors.
(c)
Participants shall attend all class sessions
in the proper sequence.
(d)
The program shall make provisions for persons
unable to read and/or speak English.
(e)
The program shall screen and evaluate each
participant. The screening instrument shall be administered by program administrators
and instructors or under their direct supervision.
(f)
A listing or roster of available chemical dependency
counseling and treatment resources in the area shall also be made available
to each participant whose screening results identify indicators of a potential
substance abuse problem requiring further evaluation.
(g)
All required registration, initial data collection,
and screening procedures shall be completed before the first class session.
(h)
At the end of the course, the program shall
administer a participant course evaluation.
(i)
An exit interview shall be conducted with each
participant as outlined in the applicable manual.
(j)
The program shall provide a commission-issued
certificate of completion to all participants successfully completing the
course as specified in §153.33 of this title (relating to Uniform Certificates
of Course Completion).
§153.52.Additional Requirements for Drug Offender Education Programs.
(a)
Each instructor must teach a minimum of one
complete course and successfully complete 20 hours of continuing education
provided by the commission or a commission-approved provider during the instructor's
certification period.
(b)
The program shall:
(1)
provide a minimum of five class sessions of
instruction per course;
(2)
conduct class sessions which are not longer
than three hours in length, and not shorter than two hours in length;
(3)
conduct no more than one class session
per day;
(4)
conduct the program a minimum of one time
during each reporting period; and
(5)
conduct classes no larger than 30 participants.
(c)
The program shall administer and evaluate pre-and
post-test instruments for each participant.
§153.53. Additional Requirements for Alcohol Awareness Programs.
(a)
Instructors shall conduct a minimum of one
complete course during the annual reporting period.
(b)
The program shall:
(1)
conduct the course a minimum of two times during
each reporting period;
(2)
provide a minimum of six hours of class
instruction per course;
(3)
conduct class sessions which are not longer
than three hours in length;
(4)
conduct no more than one class session
per day; and
(5)
conduct classes no larger than 25 participants
(not including parents and guardians).
(c)
The program shall administer and evaluate pre-and
post-test instruments for each participant.
§153.54.Additional Requirements for DWI Education Programs.
(a)
Each instructor must teach a minimum of two
complete courses (24 hours) and successfully complete the Texas DWI Education
Inservice Training Program approved by the commission during the instructor's
certification period.
(b)
The program shall:
(1)
conduct the program a minimum of two times
during each reporting period;
(2)
provide a minimum of 12 hours of instruction
per course.
(3)
provide no more than four hours of instruction
in any one day; and
(4)
conduct classes no larger than 30 participants.
(c)
The program shall administer and evaluate pre-and
post-test instruments for each participant.
(d)
Within ten working days after completion of
the course and/or exit interview, the program shall forward the following
information to the appropriate community supervision and corrections department
and/or other referral resources(s):
(1)
recommendation resulting from administration
of the screening instrument; and
(2)
notice of completion of the program.
(e)
All probationers ordered to attend the DWI
Education Program shall complete their classes before the 181st day after
the community supervision is granted unless an extension of time is granted
by the court.
§153.55. Additional Requirements for DWI Intervention Programs.
(a)
Instructors shall:
(1)
be a counselor intern, licensed chemical dependency
counselor, licensed social worker, licensed professional counselor, or psychologist,
or possess a bachelor's degree in the field of sociology, psychology, rehabilitation
counseling, or a closely related field approved by the commission; and
(2)
have a minimum of two years of documented
experience providing intervention counseling or treatment counseling to persons
with substance abuse problems.
(b)
Each instructor shall conduct a minimum of
one complete course during the annual reporting period. Team teaching can
be counted towards the fulfillment of this requirements.
(c)
The program shall:
(1)
conduct the course a minimum of one time during
each reporting period;
(2)
provide a minimum of 30 hours of class
instruction per course;
(3)
conduct class sessions which are not longer
than three hours in length, and not shorter than two hours in length;
(4)
conduct no more than one class session
per day;
(5)
conduct no more than two class sessions
per week;
(6)
conduct classes no larger than 15 participants;
(7)
provide make-up class sessions for excused
absences; and
(8)
conduct a minimum of two individual sessions
with each participant.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 16, 1998.
TRD-9800719
Mark S. Smock
Deputy for Finance and Administration
Texas Commission on Alcohol and Drug Abuse
Earliest possible date of adoption: March 2, 1998
For further information, please call: (512) 349-6609
General Provisions
executive director (in the case of a facility) or
] board [
(in
the case of a chemical dependency counselor)
]. If the respondent does
not accept the agreed final order, the case will be scheduled for administrative
hearing.
regarding
] a chemical dependency counselor at a public meeting and issue an order.
a facility and issue an order
].
The commission may impose an administrative penalty
against a facility licensed or regulated by the Texas Health and Safety Code,
Chapter 464, for violating the commission's statute or rules
].
Each day a violation
continues is a separate violation
].
The amount of the penalty may not exceed $25,000 per violation
and will be based on:
(1)
the seriousness of the violation;
(2)
enforcement costs relating to the
violation;
(3)
history of previous violations;
(4)
the amount necessary to deter future
violations;
(5)
efforts to correct the violation;
and
(6)
any other matter that justice may
require].
The executive director, shall report the
findings and recommendations to the board, including a recommended penalty.
]
The executive director shall
give written notice to the facility adversely affected within 14 days of
the date the report is issued. The notice will be by certified mail. The
notice shall include:
]
(1)
a brief summary of the alleged violations;
(2)
a statement of the amount of the
recommended penalty; and
(3)
a notification that the facility
has a right to a hearing on the occurrence of the violation, the amount of
the penalty, or both].
The facility shall accept the
determination and recommended penalty or request an administrative hearing
in writing within 20 days of the mailing of the notice. If the facility accepts
the determination and recommended penalty, the board shall issue an order
approving both
].
If the
facility requests an administrative hearing or fails to respond within 20
days, the executive director or the director's designee shall set a hearing
before the State Office of Administrative Hearings
].
Section 142.31 (e)-(h) and (j)-(l)
of this chapter (relating to Procedure for Facility and Chemical Dependency
Counselor Disciplinary Hearings) apply to notice of the hearing, the hearing,
hearings procedures, the proposal for decision, exceptions, replies to exceptions,
the commission's decision, and motions for rehearing.
]
Chapter 147.
Approved Drug Offender Education Program
Drug Offender Education Program Standards
Chapter 149.
Court Commitments
[Adolescent
—A minor child under the
age of 18 years as defined in the Texas Civil Practice and Remedies Code,
§129.011. A person who is 17 years old or younger.]
[Adult
- An individual 18 years of age or
older, or an individual under the age of 17 whose disabilities of minority
have been removed by marriage or judicial decree.]
Apprehend
- To take into custody.]
[Chemical dependency
- The abuse of, psychological
or physical dependence on, or addiction to alcohol or a controlled substance.]
[Client
- An individual who has been admitted
to a chemical dependency treatment facility licensed by the commission and
is currently receiving services.]
[Commission
- Texas Commission on Alcohol
and Drug Abuse.]
[Controlled substance
- A toxic inhalant or
a substance designated as a controlled substance by the Texas Controlled
Substances Act, Chapter 481.]
[Counsel
- Attorney for an individual.]
[Discharge
- Release, remove, free, dismiss.]
[Hearing
- Proceeding used to hear evidence,
determine the truth of evidence, and make a decision as to the outcome of
a certain matter or case.]
[Imminent
- Immediate; appears to be just about
to happen.]
[Judge
- The public official that presides
over legal matters and is authorized to decide questions brought before the
court.]
[Judicial
- Having to do with a court; having
to do with a judge.]
[Level I services
- Detoxification services
provided by a treatment facility licensed by the commission which meet the
rules stated in §148.211 of this title (relating to Level I Treatment).]
[Level II services
- Intensive treatment services
provided by a treatment facility licensed by the commission which meet the
rules stated in §148.212 of this title (relating to Level II Treatment).
A Level II treatment program provides an average of at least 20 hours of
structured activities per week for each client.]
[Level III services
- Treatment services provided
by a treatment facility licensed by the commission which meet the rules stated
in §148.213 of this title (relating to Level III Treatment). A Level
III treatment program provides an average of at least ten hours of structured
activities per week for each client.]
[Level IV services
- Supportive or transitional
treatment services provided by a treatment facility licensed by the commission
which meet the rules stated in §148.214 of this title (relating to Level
IV Treatment). A Level IV treatment program provides an average of at least
two hours of structured activities per week for each client.]
[Medication
- Any prescription or over-the-counter
drug that is taken orally, injected, inserted, or topically or otherwise
administered to a client.]
[Notify
- Inform in writing.]
[Patient
- Client. This is the term used in
the Chemical Dependency Code.]
[Physician
- A physician licensed by the Texas
State Board of Medical Examiners, or a physician employed by any agency of
the United States who has a license in any other state of the United States.
]
[Toxic inhalant
- A gaseous substance that
is inhaled by a person to produce a desired physical or psychological effect
and that may cause personal injury or illness to the inhaler.]
[Treatment
- The initiation and promotion
of a person's chemical-free status or the maintenance of a person free of
illegal drugs.]
[Treatment facility
- A public or private
hospital, a detoxification facility, a primary care facility, an intensive
care facility, a long-term care facility, an outpatient care facility, a
community mental health center, a health maintenance organization; a recovery
center, a halfway house, an ambulatory care facility, another facility that
is required to be licensed and approved by the commission, a facility licensed
by the Texas Department of Health which has been designated by the commission
to provide chemical dependency treatment. The term does not include an educational
program for intoxicated drivers or the individual office of a private, licensed
health care practitioner who personally renders private individual or group
services within the cope of the practitioner's licensed and in the practitioner's
office. ]
In areas where Level II or Level III services are
not available, the commission may approve a Level IV outpatient program to
receive adult outpatient involuntary civil commitments. The program shall
not, however, accept inappropriate clients who do not meet its admission
criteria. Approval of a Level IV program is limited to one year. The commission
may renew the approval annually if the arrangement is still necessary and
appropriate
].
(d)
Facilities licensed by the Texas Department
of Health shall provide services equivalent to those specified in subsection
(b) of this section.]
Title 25, Chapters 41-42
].
and
]
(c)
A facility shall provide services according
to the provisions in the current version of the commission's Provider Compliance
Guide.]
Chapter 152.
Approved Alcohol Awareness Programs
Alcohol Awareness Program Standards
Chapter 153.
DWI Education Program Standards and Procedures
DWI Education Progam Standards
Chapter 153.
Offender Education Programs
Program Standards
Chapter 154.
DWI Repeat Offender Program Standards and Procedures