TITLE social-services-and-assistance

Part II. Texas Rehabilitation Commission

Chapter 110. Legal Services

40 TAC §110.1

The Texas Rehabilitation Commission adopts new §110.1, concerning legal services without changes to the proposed text as published in the December 12, 1997, issue of the Texas Register (22 TexReg 12255) and will not be republished.

The section is adopted to establish a collections procedure for the Texas Rehabilitation Commission.

No comments were received regarding adoption of the new rule.

The new section is adopted under the Texas Human Resources Code, Title 7, Chapter 111, §111.018 and §111.023, which provides the Texas Rehabilitation Commission with the authority to promulgate rules consistent with Title 7, Texas Human Resources Code.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 12, 1998.

TRD-9800431

Charles Schiesser

Chief of Staff

Texas Rehabilitation Commission

Effective date: February 2, 1998

Proposal publication date: December 12, 1997

For further information, please call: (512) 424-4152


Part III. Texas Commission on Alcohol and Drug Abuse

Chapter 141. General Provisions

40 TAC §§141.1-141.6, 141.8-141.14, 141.31, 141.33, 141.34, 141.41, 141.51, 141.61

The Texas Commission on Alcohol and Drug Abuse adopts the repeal of §§141.1-141.6, 141.8-141.14, 141.31, 141.33, 141.34, 141.41, 141.51, and 141.61 concerning general provisions related to the commission, without changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11314).

These rules are repealed to eliminate redundant rules that reiterate statutory provisions and rules that do not reflect current practice. The repeal of these rules also allows reorganization of the remaining provisions of the chapter.

These sections describe the origin of the commission, commission composition and officers, the purpose of the commission, authority to accept funds, organization for chemical dependency services, relation to other agencies and endorsements, advisory councils, commission meetings, public comment and requests, minutes and recordings, commissioner travel and expense reimbursement, signature authority, historically underutilized business programs, approval of budgets and receipt of funds, policies of the commission, commission records, nondiscrimination in employment and funding, and general authority to accept donations. Related terms are also defined.

No comments were received regarding the adoption of the repeal.

The repeals are adopted under the Texas Health and Safety Code, §461.012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs.

The code affected by the repealed sections is the Texas Health and Safety Code, Chapter 461.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800693

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


40 TAC §§141.11, 141.21, 141.31

The Texas Commission on Alcohol and Drug Abuse adopts new §§141.11, 141.21, and 141.31 concerning public comment, advisory councils, and approval authority, without changes to the proposed text as published in the November 21, 1997 issues of the Texas Register (22 TexReg 11315).

These rules are adopted to update provisions, which are adopted for repeal.

These sections describe provisions for public comment at commission meetings, establish Regional Advisory Consortia and the Multicultural Affairs Advisory Council, and specify signature authority and budget approval authority.

No comments were received regarding adoption of the new sections.

These sections are adopted under the Texas Health and Safety Code, §461.012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing the functions of the commission, including rules that prescribe the policies and procedures followed by the commission in administering any commission programs.

The code affected by the new sections is the Texas Health and Safety Code, Chapter 461.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800694

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


Chapter 145. Faith Based Chemical Dependency Programs

40 TAC §§145.11, 145.21-145.25

The Texas Commission on Alcohol and Drug Abuse adopts new §§145.11 and 145.21-145.25 concerning faith-based chemical dependency treatment programs. Sections 145.11 and 145.23 are adopted with changes to the proposed text as published in the September 26, 1997 issue of the Texas Register (22 TexReg 9647). Sections 145.21, 145.22, 145.24, and 145.25 are adopted without changes to the proposed text and will not be republished.

These rules define terms used in the chapter, create an exemption from facility licensure for faith-based chemical dependency treatment programs, provide for the registration of these programs with the commission, establish requirements regarding admission and advertisement, and describe provisions for revocation of the exemption. In §145.11, the definition of medical care has been revised and the definition of site has been deleted. The requirement for a client to be medically and physically stable has been removed from §145.23.

The rules are adopted to implement new provisions of Texas Health and Safety Code, §§464.51- 464.61, which were adopted during the 75th session of the Texas Legislature.

The commission received comments from the Texas Justice Foundation, the National Center for Neighborhood Enterprise, the Institute for Justice and several individuals, which are summarized below.

Comment: Section 145.23(a) allowing an exempt program only to admit individuals who are mentally and physically stable departs from the statute. The very nature of chemical dependency makes it very difficult to determine if clients are mentally and physically stable. The proposed regulation would, in effect, require a program to provide medical care (because medical care includes diagnosis) or require clients to receive clearance from an outside physician. A provision requiring prior medical examination from a physician was expressly taken out of the statute by the legislature. All the statute requires is that the individual sign the declaration and the individual is presumed to be competent.

Response: The commission acknowledges that this provision was not included in the statute and has removed it from the rules.

Comment: The regulations should include language to allow parents to sign the admission statement on behalf of minors. Texas Family Code, §151.003 states that parents have the right to direct the moral and religious training of their children and to consent to their psychiatric, psychological and surgical treatment. Thus, if the parent exercises that right under the Texas Family Code the minor should be treated the same as an adult who has made that decision for themselves.

Response: The commission agrees that parents have the right to direct the upbringing of their children and consent to medical care for them. If the statute was silent on the issue of minors, these Family Code provisions would enable a parent to consent to faith-based treatment on behalf of a minor. The law clearly states, however, that a faith-based treatment program shall not treat minors. The commission believes this prohibition applies regardless of parental consent.

Comment: The definition of medical care should be redefined to refer only to services provided by medically trained and licensed persons.

Response: That definition would not prohibit programs from providing medical care; it would only prohibit them from providing medical care with qualified staff. The program should not be providing services that require licensed professionals. According to the medical practice act, individuals who diagnose or treat a mental or physical disorder for direct or indirect compensation are practicing medicine and must be appropriately licensed. The commission has revised the definition to exclude specific references to detoxification.

The new rules are adopted under the Texas Health and Safety Code, Title 6, 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.

The code affected by the new rules is the Texas Health and Safety Code, Title 6, Subtitle B, 464.

§145.11. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

Chemical dependency

- The abuse of, psychological or physical dependence on, or addiction to alcohol, a toxic inhalant, or any substance designated as a controlled substance in the Texas Controlled Substances Act.

Chemical dependency treatment

- A planned, structured, and organized program designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs. It includes, but is not limited to, the application of planned procedures to identify and change patterns of behavior related to or resulting from chemical dependency that are maladaptive, destructive, or injurious to health, or to restore appropriate levels of physical, psychological, or social functioning lost due to chemical dependency.

Commission

- The Texas Commission on Alcohol and Drug Abuse.

Medical care

- Diagnosis or treatment of a physical or mental disorder.

Medical detoxification services

- Chemical dependency treatment designed to systematically reduce the amount of alcohol and other toxic chemicals in a client's body, manage withdrawal symptoms, and encourage the client to seek ongoing treatment for chemical dependency.

Medical withdrawal service

- See medical detoxification services.

Minor

- An individual under the age of 16 whose disabilities of minority have not been removed by marriage or judicial decree.

Program

- A system of care delivered to chemically dependent individuals.

Religious organization

- A church, synagogue, mosque, or other religious institution:

(A)

the purpose of which is the propagation of religious beliefs; and

(B)

that is exempt from federal income tax by being listed as an exempt organization under the Internal Revenue Code (26 United States Code), Section 501(a).

§145.23. Admission.

(a)

An exempt program registered under this section may not admit a person unless the person signs the following form at the time of admission:

Figure 1: 40 TAC §145.23

(b)

The program shall keep the original signed admission statement and give a copy of it to the person admitted.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800695

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: September 26, 1997

For further information, please call: (512) 349-6609


Chapter 148. Facility Licensure

Subchapter A. Licensure Information

General Provisions

40 TAC §148.2

The Texas Commission on Alcohol and Drug Abuse adopts amendments to §148.2 concerning licensure information, without changes to the proposed text as published in the October 3, 1997 issue of the Texas Register (22 TexReg 9869).

These rules establish exemptions from licensure.

The amendments provide an exemption for faith-based chemical dependency treatment programs registered with the commission and implement new provisions of Texas Health and Safety Code, §464.52, which was adopted during the 75th session of the Texas Legislature.

No comments were received regarding adoption of the amendments.

The amendments are adopted 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.

The code affected by the adopted rules is the Texas Health and Safety Code, Chapter 464.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800698

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: October 3, 1997

For further information, please call: (512) 349-6609


40 TAC §148.3

The Texas Commission on Alcohol and Drug Abuse adopts amendments to §148.3 concerning sites and services, without changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11316) and will not be republished.

This rule describes licensure of multiple sites. The amendments add reference to the required approval letter and remove the requirement for levels of service to be printed on the licensure certificate. The term trainee is replaced by intern.

The amendments are adopted to simplify the licensure process and maintain consistency with terminology used in Chapter 150 of this title (relating to Counselor Licensure).

Comments were received requesting clarification of the amendment. The Texas Department of Criminal Justice asked how agencies will know the type of service a facility is authorized to provide since the designation will be deleted from the license certificate. The commission issues letters notifying the facility of the approval of the license. This letter includes authorized levels of service. An agency can ask the facility for a copy of the approval letter. The department also asked whether the commission would register extension services and whether circuit rider sites would be such services. The answer to both questions is yes.

The amendments are adopted 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.

The code affected by the proposed rule is the Texas Health and Safety Code, Chapter 464.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800699

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


Licensure Procedures

40 TAC §148.26

The Texas Commission on Alcohol and Drug Abuse adopts amendments to §148.26 concerning inactive status and closure, without changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11317) and will not be republished.

This rule describes requirements related to the suspension of services on a temporary and permanent basis. The amendments apply the requirements regarding inactive status to facilities who are forced to suspend services because of external action and specify that the inactive license expires after six months if the facility does not submit a written request to reactivate the license. Language relating to the sanctions process has been deleted from this section and moved to §148.41 of this title (relating to Sanctions).

The amendments are adopted to provide a method for ending inactive status and to better organize the licensure rules.

The Texas Department of Criminal Justice submitted comments concurring with the proposed changes.

The amendments are adopted 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.

The code affected by the proposed rule is the Texas Health and Safety Code, Chapter 464.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800700

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


Licensure Sanctions

40 TAC §148.41

The Texas Commission on Alcohol and Drug Abuse adopts amendments to §148.41 concerning sanctions, without changes to the proposed text as published in the November 21, 1997 of the Texas Register (22 TexReg 11317) and will not be republished.

This rule describes sanctions that may be placed on a licensed facility. The amendments place final authority for sanctions with the commissioners instead of the executive director, add suspension and reprimand to the list of possible sanctions, and revise the maximum civil penalty.

The amendments are adopted to bring rules into compliance with the existing statute and to prevent revoked facilities from applying for licensure for a two year period.

The Texas Department of Criminal Justice submitted comments concurring with the proposed changes.

The amendments are adopted 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.

The code affected by the proposed rule is the Texas Health and Safety Code, Chapter 464.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800701

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


Definitions

40 TAC §148.61

The Texas Commission on Alcohol and Drug Abuse adopts amendments to §148.61 concerning definitions, with changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11318).

These rules define the terms used in this chapter. The proposed amendments delete the definitions for approved clinical training institution, counselor trainee, individual counseling, and add definitions for chemical dependency counseling, clinical training institution, extension services, practicum, and religious organization. The amendments also revise the definitions of chemical dependency education, client, counselor intern, direct supervision, life skills training, and qualified credentialed counselor. The definition of direct supervision has been clarified to ensure that certain activities are documented.

The amendments are adopted to clarify the meaning of undefined terms, ensure that clients do not provide education or life skills training, and parallel proposed revisions in Chapter 150 of this title (relating to Counselor Licensure).

The Texas Department of Criminal Justice submitted comments identifying the need for wording consistency in the definition of direct supervision.

The amendments are adopted 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.

The code affected by the proposed rule is the Texas Health and Safety Code, Chapter 464.

§148.61.Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

Chemical dependency counseling

- Face-to-face interactions between clients and counselors to help clients identify, understand, and resolve issues and problems related to chemical dependency.

Chemical dependency education

- A planned, structured presentation of information training, provided by qualified staff (not clients), which is related to chemical dependency. It includes but is not limited to: physiological and psychological effects, emotional and social deterioration, rehabilitation and relapse, and risk of acquiring Human Immunodeficiency Virus.

Client

- An individual who has been admitted to a chemical dependency treatment facility licensed by the commission and is currently receiving services.

Clinical training institution

- An individual or legal entity approved by the commission to supervise a counselor intern who performs counseling, assessments, or interventions.

Counselor intern (CI)

- A person pursuing a course of training in chemical dependency counseling at a regionally accredited institution of higher education or a registered clinical training institution who has been designated as a counselor intern by the institution. The activities of a counselor intern shall be performed under the direct supervision of a qualified credentialed counselor.

Direct supervision

- Oversight and direction of a counselor intern provided by a qualified credentialed counselor (QCC). If the intern has less than 2,000 hours of supervised work experience, the supervisor must be on site when the intern is providing services. If the intern has at least 2,000 hours of documented supervised work experience, the supervisor may be on site or immediately accessible by telephone. The qualified credentialed counselor shall:

(A)

assume responsibility for the actions of the intern within the scope of the intern's clinical training;

(B)

(No change.)

(C)

conduct and document a complete review of the intern's written work product at least weekly;

(D)

observe the intern providing services to chemical dependency clients at least weekly and document the observation; and

(E)

meet with the intern at least weekly to provide written and verbal feedback and direction.

Extension services

- Services provided by a licensed facility at a registered site that is not owned, leased, or operated by the licensed facility.

Life Skills Training

- A formalized program of training provided by qualified staff (not clients), based upon a written program description, to assist the client in acquiring personal habits, attitudes, values, and social interaction skills that will enable the client to function effectively and/or become gainfully employed. It includes instruction in communication, stress management, problem solving, daily living, and decision making.

Practicum

- A 300 hour course of structured clinical training in the 12 core functions required for chemical dependency counselor licensure.

Qualified credentialed counselor (QCC)

- A licensed chemical dependency counselor or one of the professionals listed below:

(A)-(H)

(No change.)

Religious organization

- A church, synagogue, mosque, or other religious institution:

(A)

the purpose of which is the propagation of religious beliefs; and

(B)

that is exempt from federal income tax by being listed as an exempt organization under the Internal Revenue Code (26 United States Code), Section 501(a).

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800702

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


Subchapter B. Facility Management

Personnel and Staff Development

40 TAC §148.119

The Texas Commission on Alcohol and Drug Abuse adopts amendments to §148.119 concerning clinical training institutions, without changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11319) and will not be republished.

These rules prohibit a licensed facility from compensating interns unless the facility registers with the commission as a clinical training institution. The amendment removes specific requirements for clinical training institutions, which have been moved to §150.72 of this title (relating to Clinical Training Institutions).

The amendments are adopted to avoid redundant rules.

No comments were received regarding adoption of the amendments.

The amendments are adopted 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.

The code affected by the adopted rule is the Texas Health and Safety Code, Chapter 464.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800703

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


Subchapter C. Client Management

Abuse, Neglect, and Exploitation

40 TAC §148.163

The Texas Commission on Alcohol and Drug Abuse adopts amendments to §148.163 concerning client labor, without changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11320) and will not be republished.

These rules describe conditions under which client labor is permitted in licensed facilities. The amendments reorganize current provisions and add a provision restricting client access to client records.

The amendments are adopted to clarify existing standards and protect client confidentiality.

The Texas Department of Corrections commented that proposed §148.163(c) comports with department practice.

The amendments are adopted 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.

The code affected by the adopted rule is the Texas Health and Safety Code, Chapter 464.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800704

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


Subchapter D. Program Services

General Program Services Provisions

40 TAC §148.202

The Texas Commission on Alcohol and Drug Abuse adopts an amendment to §148.202 concerning general program services provisions, without changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11321) and will not be republished.

These rules describe services required in all programs. The proposed amendment requires clients in residential programs to have an opportunity for eight continuous hours of sleep each night.

The amendment is adopted to protect client health and well-being.

No comments were received regarding adoption of the amendment.

The amendment is adopted 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.

The code affected by the adopted rule is the Texas Health and Safety Code, Chapter 464.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800705

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


Special Provisions

40 TAC §148.234

The Texas Commission on Alcohol and Drug Abuse adopts amendments to §148.234 concerning correctional facilities, without changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11321) and will not be republished.

These rules define special provisions applicable to correctional facilities. The amendments specify that a variance may be granted for community-based transitional therapeutic communities participating in the Criminal Justice Initiative when Texas Department of Criminal Justice contract requirements conflict with commission rules.

The amendments are adopted to implement a review process before exemptions are granted.

The Texas Department of Criminal Justice objected to the proposed amendments. The department prefers the existing rule that has department policy prevailing over commission rules in the instance of a conflict. However, under the existing rule, the commission has no information when facilities operating under contract to the department depart from commission rules. With the proposed rule, the commission will be notified of conflicts and all parties, including the commission and the department, will be able to communicate about the appropriate solution to the conflict. Accordingly, the commission declines to change the amendment. The department also requested that the name Transitional Therapeutic Communities in §148.234(b) be changed to the more current generic term Transitional Treatment Centers. The commission has made that change.

The amendments are adopted 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.

The code affected by the adopted rule is the Texas Health and Safety Code, Chapter 464.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800706

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


Chapter 150. Counselor Licensure

40 TAC §§150.3-150.8, 150.10, 150.31-150.33, 150.36-150.39, 150.52, 150.53, 150.61

The Texas Commission on Alcohol and Drug Abuse adopts amendments to §§150.3-150.8, 150.10, 150.31-150.33, 150.36-150.39, 150.52, 150.53, and 150.61 concerning definitions, exemptions, requirement to be licensed, discrimination, consumer information, fees, licensure application, requirements for licensure, background investigation, examination, issuing licenses, license expiration and renewal, inactive status, reciprocity, sanctions, and ethical standards for counselor licensure. Sections 150.3, 150.32, 150.33, and 150.38 are adopted with changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11322). Sections 150.4-150.8, 150.10, 150.31, 150.36, 150.37, 150.39, 150.52, 150.53, and 150.61 are adopted without changes to the proposed text and will not be republished.

These rules define terms used in the chapter, describe circumstances under which a person must be licensed, detail the requirements and procedures used in the licensure process, describe possible sanctions, and establish ethical standards for licensed chemical dependency counselors. The definition of direct supervision in § 150.3 has been clarified to ensure that certain activities are documented. Proposed changes to §§ 150.32 and 150.38 are contrary to the efforts of institutions of higher education to provide riders and other forms of long-distance learning. The sections have been revised to allow videos, but require all long-distance learning to be provided by the accredited institutions of higher education. Section 150.32 has also been clarified in two aspects. First, new provisions have been added to the practicum subsection to clarify an existing requirement and to protect interns. Second, the subsection (f) has been clarified to specify the type of supervision required. Section 150.33(j) has been clarified to specify that an applicant must achieve and maintain recovery.

The amendments implement provisions of Sunset legislation, clarify existing provisions, strengthen ethical standards, provide greater flexibility in continuing education, ensure appropriate screening during background investigations, and ensure that everyone who is accumulating supervised work experience for licensure receives structured training and supervision.

The commission received comments from institutions of higher education, including the Central Texas college Mental Health Services Department Advisory Committee, the Texas Certification Board of Alcoholism and Drug Abuse Counselors, and from individuals. With regard to proposed §§150.32(c)(3)(C) and 150.38 (c)(4)(B), institutions of higher education commented that they are being encouraged to provide riders and other forms of long-distance learning. The commission supports these efforts, but wants to ensure that long-distance learning is provided by credible institutions.

The advisory committee, the Texas Certification Board, and an individual commented on the amendment of the definition of qualified credentialed counselor. The amendment deletes one requirement that the specified professionals demonstrate chemical dependency experience. The commentors question the deletion. The commission believes that it lacks the authority to limit the practice of professionals licensed by other state agencies. The commission believes that the employing entity is responsible for establishing and enforcing experience credentials of its staff members.

The advisory committee, the Texas Certification Board, and an individual commented on the amendments to §§150.38(b)(4) and 150.38(c). The Texas Certification Board supports the changes. An individual commentor opposes the proposed change to §150.38(b)(4) and the advisory committee opposes the change as it relates to ethics training. In that section the commission gives the licensed counselor a choice about continuing education topics once a minimum level of education, by topic, is achieved. The commission believes that as the counselor education process is becoming more standardized, it is no longer necessary to require continuing education in specific topics each two year cycle. With regard to the ethics training, the commission notes that the issues do not change drastically over time; the deletion of the specific requirement regarding ethics training allows counselors to choose topics most pertinent to their practice.

The Texas Certification Board also commented on proposed §150.61(k)(3) which provides that a counselor shall not establish a personal relationship with a client. The Texas Certification Board suggests that this rule could result in frivolous complaints filed with the commission. The commission is aware of the possibility that personal relationship needs to further defined. The commission will propose such a definition in the near future. Furthermore, the commission expects the investigations and sanctions activities to provide the licensed counselor with opportunities to resolve frivolous complaints.

The advisory committee and the Texas Certification Board also commented in favor of eliminating the counselor trainee designation throughout the rules and on the reduction of the period to renew an expired license from two years to one.

The advisory committee also commented in favor of requiring pre-service educational institutions register with the commission.

The amended sections are adopted under the Texas Civil Statutes, Article 4512o, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish procedures for the licensure of chemical dependency counselors.

The code affected by the amended rules is Texas Civil Statutes, Article 4512o.

§150.3. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

Application

- A complete application packet as described in §150.31 of this title (relating to Licensure Application) for examination applicants and §150.52 of this title (relating to Reciprocity) for reciprocity applicants.

Clinical training institution

- An individual or legal entity registered with the commission to supervise a counselor intern.

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.

Counselor intern

- A person pursuing a course of training in chemical dependency counseling at a regionally accredited institution of higher education or a registered clinical training institution who has been designated as a counselor intern by the institution. The supervised course of training includes practicum hours and supervised work experience hours that are described in writing, performed under the auspices of the institution, and performed under the direct supervision of a qualified credentialed counselor.

Direct supervision

- Oversight and direction of a counselor intern provided by a qualified credentialed counselor. If the intern has less than 2,000 hours of supervised work experience, the supervisor must be on site when the intern is providing services. If the intern has at least 2,000 hours of documented supervised work experience, the supervisor may be on site or immediately accessible by telephone. The qualified credentialed counselor shall:

(A)

assume responsibility for the actions of the intern within the scope of the intern's clinical training;

(B)

(No change.)

(C)

conduct and document a complete review of the intern's written work product at least weekly;

(D)

observe the intern providing services to chemical dependency clients at least weekly and document the observation; and

(E)

meet with the intern at least weekly to provide written and verbal feedback and direction and document the supervision.

Practicum provider

- An individual or legal entity registered with the commission to supervise practicums.

Pre-service educational institution

- An individual or legal entity registered with the commission to provide the 270 hours of education required for licensure.

Qualified credentialed counselor (QCC)

- A licensed chemical dependency counselor or one of the professionals listed below:

(A)-(H)

(No change.)

Sexual exploitation

- A pattern, practice, or scheme of conduct by a licensed chemical dependency counselor that may include sexual contact, that can reasonably be construed as being for the purpose of sexual arousal or gratification or sexual abuse of any person. It is not a defense to sexual exploitation of a client or former client if it occurs:

(A)-(D)

(No change.)

Supervised work experience

- Documented, verifiable, work experience providing chemical dependency services which is performed by a counselor intern under the auspices of a registered clinical training institution with direct supervision from a qualified credentialed counselor. Supervised work experience may be paid or voluntary.

TAADAC

- See TAAP.

TAAP

- Texas Association of Addiction Professionals.

Treatment intervention

- A meeting designed to persuade a chemically dependent individual to enter treatment.

§150.32. Requirements for Licensure.

(a)

To be eligible for a license under this chapter, a person shall:

(1)-(2)

(No change.)

(3)

successfully complete 270 classroom hours of approved curricula which is compatible with ICRC standards;

(4)

complete 300 hours of approved supervised field work practicum which is compatible with ICRC standards;

(5)

complete 4,000 hours of approved supervised experience working with chemically dependent persons;

(6)

submit two letters of recommendation from licensed chemical dependency counselors;

(7)-(11)

(No change.)

(b)

Applicants holding a baccalaureate degree in chemical dependency counseling, sociology, psychology, or any other degree approved by the commission are exempt from the 270 hours of education and the 300 hour practicum. The applicant must submit an official college transcript. Degree programs approved by the commission include:

(1)

baccalaureate degrees in social work, behavioral science, human development, or marriage and family that have an internship or field placement course; and

(2)

(No change.)

(c)

The following requirements apply to the 270 hours of classroom education.

(1)

The education shall be provided by a registered pre-service education institution.

(2)

At least 135 hours shall be specific chemical dependency education, and the remaining hours shall be related education.

(3)

No more than 12 hours of education shall be obtained through independent study or long-distance learning courses.

(A)

Only related education may be obtained through independent study or long-distance learning courses.

(B)

The courses shall be faculty- or instructor-guided and monitored, and students shall have access to faculty or instructors for questions and assistance in the completion of course work.

(C)

Independent and long-distance learning courses are only accepted when provided by an accredited institution of higher education.

(d)

The following requirements apply to the 300 hour practicum.

(1)

The practicum must be completed under the supervision of a registered practicum provider or an accredited institution of higher education.

(2)

An applicant shall complete the required 270 hours of education before participating in a practicum, with one exception. Students enrolled in an accredited university, college, junior college, or community college may complete the practicum before completing the 270 hours of education if the practicum is:

(A)

part of the assigned curriculum; and

(B)

performed under the auspices of the educational institution.

(3)

The applicant must complete the practicum under the supervision of a single practicum provider or institution of higher education.

(A)

A practicum provider or an institution of higher education may contract with other facilities so that the student can obtain experience at more than one site.

(B)

The contracted sites do not need to be registered practicum providers.

(4)

The commission shall not accept a practicum without documentation from the practicum provider that shows the student successfully completed all 300 hours.

(5)

The practicum shall include at least ten hours of supervised work experience in each of the 12 core functions.

(6)

The provider shall not require an intern to work more than 325 hours in order to accumulate the 300 required practicum hours.

(7)

The provider shall give the student a written practicum schedule which includes a completion date before the practicum begins.

(e)

The following requirements apply to the 4,000 hours of supervised work experience.

(1)

The work experience must be part of a supervised course of training at a registered clinical training institution.

(2)

An applicant cannot accumulate supervised work experience until the 270 classroom hours are complete.

(3)

The applicant must be designated as a counselor intern by the clinical training institution.

(4)

The work may be paid or voluntary.

(f)

An unlicensed graduate has three years to complete testing and may continue to provide counseling for up to three years after the date of graduation if the graduate is working under appropriate supervision at a registered clinical training institution. Direct supervision is not required.

§150.33. Background Investigation.

(a)

The commission conducts a background investigation on every applicant for licensure. Checks are conducted when:

(1)

an applicant has met all other requirements for licensure;

(2)

a licensed chemical dependency counselor applies for license renewal; and

(3)

the commission receives information of a possible conviction.

(b)

The commission obtains a criminal history report from the Texas Department of Public Safety. When an applicant applies through reciprocity, the commission also obtains a criminal history report from the Federal Bureau of Investigations (FBI).

(c)

The individual shall disclose and provide complete information regarding all misdemeanor and felony convictions. Failure to make full and accurate disclosure will be grounds for immediate application denial, disciplinary action, or license revocation.

(d)

Applications with criminal histories are categorized according to the seriousness of the offense. The category shall be determined by the most serious offense, as defined by law.

(1)

Category I. The following felonies:

(A)

attempted murder and homicide; and

(B)

sexual assault, including but not limited to attempted sexual assault, rape, indecency with a child, molestation, sexual assault of a child, and indecent exposure.

(2)

Category II: Felonies or misdemeanors that may result in harm to others, including but not limited to:

(A)

vehicular manslaughter;

(B)

involuntary manslaughter;

(C)

kidnapping and attempted kidnapping;

(D)

arson;

(E)

robbery;

(F)

attempted robbery;

(G)

assault (felony or misdemeanor);

(H)

theft from person (felony or misdemeanor); and

(I)

DWI involving injury or accident.

(3)

Category III: Felonies which do not result in harm to others, including but not limited to:

(A)

any combination of three or more misdemeanors from Category II;

(B)

burglary;

(C)

theft (felony);

(D)

three or more DWIs;

(E)

felony DWI;

(F)

larceny (felony);

(G)

forgery (felony);

(H)

possession of a controlled substance (felony);

(I)

delivery of a controlled substance (felony);

(J)

fraud/credit card abuse;

(K)

unauthorized use of a motor vehicle;

(L)

unlawfully carrying a weapon (felony or misdemeanor); and

(M)

burglary of a vehicle.

(4)

Category IV: Misdemeanors which do not result in harm to others. Three or more Category IV convictions shall be reclassified as a Category III offense. Category IV offenses include but are not limited to:

(A)

one or two DWIs;

(B)

possession of a controlled substance (misdemeanor);

(C)

disorderly conduct;

(D)

arrest and convictions resulting from traffic warrants ;

(E)

reckless damage;

(F)

resisting arrest;

(G)

theft (misdemeanor);

(H)

bad check;

(I)

prostitution;

(J)

public intoxication;

(K)

criminal mischief (misdemeanor); and

(L)

driving while license suspended

(e)

The commission shall determine if the conviction(s) are directly related to the duties and responsibilities of a chemical dependency counselor. The commission shall consider the following factors:

(1)

the nature and seriousness of the crime;

(2)

the relationship of the crime to the purposes for requiring a license to engage in chemical dependency counseling;

(3)

the extent to which a license might offer an opportunity to engage in further criminal activity of the same type; and

(4)

the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of chemical dependency counseling.

(f)

If the conviction(s) do not relate to the duties and responsibilities of a chemical dependency counselor, the commission shall process the license application according to standard procedures.

(g)

If the conviction(s) do relate to the duties and responsibilities of a chemical dependency counselor, the commission shall evaluate the present fitness of the individual to provide chemical dependency counseling.

(h)

The commission uses the following guidelines in evaluating an individual's present fitness:

(1)

An applicant with a Category I conviction should have at least 15 years since the last Category I conviction.

(2)

An applicant with a Category II conviction should have at least ten years since the last Category II conviction to be eligible for a license.

(3)

An applicant with a Category III conviction should have at least seven years since the last Category III conviction to be eligible for a license.

(4)

An applicant with a Category IV conviction should have at least five years since the last Category IV conviction to be eligible for a license.

(i)

The commission shall also consider the following factors in determining the present fitness of a person who has been convicted of a crime which relates to the duties and responsibilities of a chemical dependency counselor:

(1)

the age at the time each crime was committed;

(2)

the conduct and work history of the person before and after the criminal conviction(s);

(3)

evidence of the person's rehabilitation efforts and outcome;

(4)

two letters of recommendation from qualified credentialed counselors; and

(5)

other evidence of fitness that may be relevant.

(j)

If the person's criminal activity is related to a history of chemical dependency, the commission will also consider the person's efforts and success in achieving and maintaining recovery. Applicants with a history of chemical dependency should demonstrate evidence of treatment or rehabilitation and at least two years of continuous recovery.

(k)

An individual whose application is denied or whose license is suspended or revoked may request a hearing under the procedures established in Texas Administrative Code, Title 40, Chapter 142. To the extent that the disciplinary action is based on the applicant's criminal background, the hearing shall also be governed by Texas Civil Statutes, Article 6252-13c.

§150.38. License Expiration and Renewal.

(a)

(No change.)

(b)

To renew a license, the counselor shall:

(1)-(3)

(No change.)

(4)

complete at least 60 hours of continuing education that is related to chemical dependency and approved by the commission during the two-year licensure period. If an individual does not have six documented hours in any of the following areas, the continuing education must include:

(A)-(E)

(No change.)

(5)

Individuals applying for licensure renewal who can show at least six education hours of documented training in any of these five topics are not required to obtain any additional hours of training in that topic. Instead, the applicant shall obtain an additional three hours of chemical dependency training to complete the required 60 hours.

(c)

The commission will accept continuing education hours that meet the following criteria. Hours that do not meet these criteria may be evaluated on a case-by-case basis.

(1)

(No change.)

(2)

The commission will accept continuing education credits from Texas Association of Addiction Professionals and other recognized certification boards, including, but not limited to, the Texas State Board of Nurse Examiners and the Texas State Board of Social Work Examiners. Continuing education certificates must contain:

(A)-(G)

(No change.)

(3)

(No change.)

(4)

No more than 12 hours of independent study or long-distance learning courses will be accepted.

(A)

Independent study or guided learning courses must be faculty- or instructor-guided and monitored, and students must have access to faculty or instructors for questions and assistance in the completion of such course work.

(B)

Independent and long-distance learning courses are only accepted when provided by an accredited institution of higher education.

(d)

Renewal fees are due on or before the expiration date. A licensee who submits a late renewal application shall pay a penalty fee in addition to the renewal application and licensure fees, as provided in §150.10 of this title (relating to Fees). Failure to receive notice from the commission does not waive or extend renewal deadlines.

(e)

A license cannot be renewed more than one year after the date of expiration. To obtain a new license, the person shall comply with all requirements and procedures for obtaining an initial license. This includes passing the written and oral examinations, with one exception. If the person was licensed in Texas, moved to another state, and is currently licensed and has been in practice in the other state for the two years preceding application, the person may renew an expired license without reexamination. The person must pay a fee that is equal to two times the required renewal fee.

(f)

(No change.)

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800707

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609


40 TAC §§150.71-150.73

The Texas Commission on Alcohol and Drug Abuse adopts new §§150.71-150.73 concerning pre-service education institutions, clinical training institutions, and practicum providers. Sections 150.71 and 150.73 are adopted with changes to the proposed text as published in the November 21, 1997 issue of the Texas Register (22 TexReg 11333). Section 150.72 is adopted without changes to the proposed text and will not be republished.

The new sections are adopted to specify existing standards for clinical training institutions and practicum providers, improving oversite of these organizations. In §150.71, a reference to clinical training institution has been corrected to read pre-service education institution. Section 150.73 has been clarified in two respects. First, a practicum providers may contract with other agencies to provide part of the required practicum training. These written agreements must be available for review by the commission. Second, specific forms required to be completed by the supervisor of the intern must be provided to the intern in a training manner.

The rules are adopted for pre-service education institutions to implement a new registration process. Previously, the commission accepted hours from education providers approved by the Texas Association of Addiction Professionals.

The commission received comments from the Central Texas College Mental Health Services Department Advisory Committee and a number of individuals. The advisory committee concurs in the requirement that pre-service training institutions be registered with the commission.

The new sections are adopted under the Texas Civil Statutes, Article 4512o, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish procedures for the licensure of chemical dependency counselors.

The code affected by the new rules is Texas Civil Statutes, Article 4512o.

§150.71. Pre-Service Education Institutions (PSEI).

(a)

To become a pre-service education institution (PSEI), an organization must submit a complete application and agree to comply with commission requirements described in the application packet.

(b)

The PSEI shall receive the registration letter and PSEI number before training begins.

(c)

The approval is valid for two years. The PSEI shall reapply at every two years by submitting the Application Update Form provided by the commission. The commission may mail a courtesy notice, but it is the PSEI's responsibility to reapply at least 45 days before the expiration date.

(d)

The PSEI shall notify the commission in writing within 30 days of any changes from the information submitted on the initial or renewal application. This includes:

(1)

closure of the education program;

(2)

addition of a new education site; or

(3)

a change in the organization's name.

(e)

The commission may withdraw approval if the PSEI fails to comply with minimum requirements.

§150.73. Practicum Providers.

(a)

To become a practicum provider, an organization must submit a complete application and agree to comply with the requirements in this section.

(b)

The provider shall receive the registration letter and practicum provider number before training begins.

(c)

Approval allows the organization to provide practicum supervision at any of its programs or sites.

(d)

The approval is valid for two years. The practicum provider shall reapply every two years by submitting the Application Update Form provided by the commission. The commission may mail a courtesy notice, but it is the provider's responsibility to reapply at least 45 days before the expiration date.

(e)

The provider shall notify the commission in writing within 30 days of any changes from the information submitted on the initial or renewal application. This includes:

(1)

closure of the training program; and

(2)

a change in the organization's name.

(f)

The commission may withdraw approval if the practicum provider fails to comply with minimum requirements at any site.

(g)

The practicum provider shall establish admission criteria. No applicant shall be admitted without:

(1)

documentation that the applicant has successfully completed the 270 hours of required classroom education; and

(2)

a signed ethics agreement which is consistent with the LCDC Ethical Standards in §150.61 of this title (relating to Ethical Standards).

(h)

The practicum provider shall appoint a practicum coordinator who is a qualified credentialed counselor (QCC). The practicum coordinator shall oversee all training activities and ensure compliance with commission requirements and rules.

(i)

The practicum provider shall develop a written training curricula.

(1)

The training program shall include learning objectives, learning activities, and the estimated number of hours of experience in each of the 12 core functions.

(2)

All training shall be provided by QCCs.

(3)

Training may be provided through formal agreements with other agencies if the practicum provider agency does not perform all of the 12 core functions. These agencies do not need to be registered practicum providers. All contractual agreements must be documented and available for review by the commission upon request.

(4)

Although the practicum may involve multiple sites and facilities, all practicum credit is awarded under a single practicum provider number and the designated practicum coordinator maintains responsibility for the overall practicum training.

(5)

An intern must complete all 300 hours of the practicum with a single approved practicum provider. A practicum provider cannot grant partial credit for a practicum.

(j)

All interns shall work under the direct supervision of a qualified credentialed counselor (QCC). A single QCC shall not supervise more than five interns.

(k)

The QCC shall evaluate each intern's progress in writing and provide the intern with appropriate information and guidance.

(1)

The practicum coordinator will complete written evaluations with input from other QCCs who have provided direct supervision for the intern.

(2)

The coordinator will complete a Practicum Student Evaluation Form and a Supervised Field Work Practicum Documentation of Hours Form for each intern.

(l)

The practicum provider shall inform students of testing requirements and procedures, as well as testing schedules and information provided by the commission.

(m)

The practicum provider shall maintain the following documentation for four years:

(1)

curricula;

(2)

letters of agreement with other agencies (if applicable);

(3)

verification of current credentials of all training personnel;

(4)

supervision assignments; and

(5)

student files, which shall include:

(A)

application and documentation of eligibility;

(B)

ethics agreement;

(C)

copy of the Practicum Documentation Form; and

(D)

copy of the Practicum Student Evaluation Form.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on January 16, 1998.

TRD-9800708

Mark S. Smock

Deputy for Finance and Administration

Texas Commission on Alcohol and Drug Abuse

Effective date: February 5, 1998

Proposal publication date: November 21, 1997

For further information, please call: (512) 349-6609