Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part III. Texas Commission on Alcohol and Drug Abuse Chapter 151. Licensure General Provisions 40 TAC sec.151.19 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis an amendment to sec.151.19, concerning licensure procedures and standards. The emergency amendment strengthens and clarifies provisions that protect the rights of clients receiving chemical dependency treatment in facilities licensed by the commission. The amendment is adopted on an emergency basis to protect the health, safety, and welfare of clients and to comply with the time frames specified by the Senate Interim Committee on Health and Human Services. The amendment is adopted on an emergency basis under the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 464, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish procedures and standards for the licensure of chemical dependency treatment facilities. sec.151.19. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Informed consent -Permission to perform a treatment or services
    [Voluntary consent], given voluntarily
      by a person with
        legal authority to consent
          [consentor] who understands the nature and purpose of the proposed treatment or service
            , any potential risks involved, and any alternative treatments or services
              available. Informed consent is not complete until the person consenting
                [client] understands the nature of each proposed treatment or
                  service, who will perform each treatment or
                    service, the qualifications of those persons, and the cost of each treatment or
                      service, including the cost of
                        pre- admission and post-discharge treatment or
                          services. Informed consent shall not be complete until and unless it is set forth in writing and executed by the person who has legal authority to consent. Qualified credentialed professional OCP -An individual who is either a certified alcoholism and drug abuse counselor (CADAC), who is certified, licensed, approved, or registered by the State of Texas as a licensed chemical dependency counselor (LCDC),
                            certified social worker (CSW), advanced clinical practitioner (ACP)
                              , licensed professional counselor (LPC)
                                , psychologist, psychological associate, physician, physician assistant, or registered nurse. Individuals who are not LCDCs or
                                  CADACs must demonstrate two years of chemical dependency counseling experience. Issued in Austin, Texas, on December 20, 1991. TRD-9116194 Bob Dickson Executive Director Texas Commission on Alcohol and Drug Abuse Effective date: December 20, 1991 Expiration date: April 18, 1992 For further information, please call: (512) 867-8720 Licensure Standards 40 TAC sec.sec.151.61, 151.64, 151.65, 151.68, 151.69, 151.72, 151. 73 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis amendments to sec.sec.151.61, 151.64, 151.65, 151.68, 151.69, 151.72, and 151.73, concerning licensure procedures and standards. The emergency amendments strengthen and clarify provisions that protect the rights of clients receiving chemical dependency treatment in facilities licensed by the commission. The amendments are adopted on an emergency basis to protect the health, safety, and welfare of clients and to comply with time frames specified by the Senate Interim Committee on Health and Human Services. The amendments are adopted on an emergency basis under the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 464, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish procedures and standards for the licensure of chemical dependency treatment facilities. sec.151.61. Facility Organization. (a) (No change.) (b) Facilities shall report all violations of the laws, rules, or standards that govern chemical dependency treatment to the commission. (c)
                                    [(b)] The facility has a governing authority that is responsible for and has authority over the facility's policies, services, and operations. (d)
                                      [(c)] The facility has a written program description approved by the governing authority that includes: (1) program purpose or mission statement; (2) services provided; (3) general description of individuals to be served. (e)
                                        [(d)] All policies are approved by the governing authority. (f)
                                          [(e)] There are written policies, procedures, or other forms of documentation to substantiate compliance with all licensure standards. (g)
                                            [(f)] There is documentation that the facility informs staff of changes to written policies and procedures. sec.151.64. Personnel and Staff Development. (a)-(b) (No change. ) (c) All positions are filled by individuals who meet minimum qualifications specified in the job description [as evidenced by an application or resume and documentation of current status for credentials required in the job description]. (1) The facility shall maintain a personnel file for each employee which contains an application or resume that clearly documents required education, training, and related work experience. (2) The personnel file shall contain documentation that the facility has verified the current status of all professional credentials required by the job description directly with the credentialing authority. Photocopies of certificates may not be accepted without direct verification. (d)-(p) (No change.) sec.151.65. Client Grievances. (a) (No change.) (b) The client grievance procedure shall inform
                                              [informs] clients of the following: (1)-(8) (No change.) (9) the State Board of Medical Examiners' address and telephone number for reporting complaints against licensed physicians (if the facility has a licensed physician on staff); and (10)
                                                [(9)] clients shall be provided with pens, paper, envelopes, postage, and access to a telephone upon request in order to file a complaint. (c)-(d) (No change.) sec.151.68. Client Abuse, Neglect, and Exploitation. (a) (No change.) (b) There is a written procedure that ensures compliance with the following standards: (1) (No change.) (2) The facility director or designee must make a verbal report to the Texas Commission on Alcohol and Drug Abuse within 24 hours. If the incident occurs on a weekend or holiday, the report must be made immediately on the next business day. (A) In accordance with the Texas Human Resources Code, sec.48.36, the report shall identify clients who are elderly or disabled. (B) In accordance with the Texas Family Code, sec.34.01, the report shall identify clients who are adolescents. (3) If the facility has cause to believe that a child who is not a client has been abused or neglected, the facility shall make an oral report to the Department of Human Services or local law enforcement within 48 hours as described in the Texas Family Code, sec.34. 01
                                                  [Any alleged incident of child abuse must also be reported to the Department of Human Services and local law enforcement within 24 hours, as described in the Texas Family Code, Chapter 34]. (4)-(9) (No change.) (10) Failure to comply with these requirements shall be grounds for revocation of a facility's license. sec.151.69. Client Rights. (a)-(b) (No change.) (c) Client rights are written in clear, simple language, appropriate to the client popu