EMERGENCY RULES 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 and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional 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 141. General Provisions 40 TAC sec.sec.141.1-141.7, 141.21-141.24, 141.31-141.34, 141.41, 141. 51, 141.61, 141.62, 141.71, 141.81 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.141.1-141.7, 141.21-141.24, 141.31-141.34, 141.41, 141. 51, 141.61, 141.62, 141.71, and 141.81, concerning composition, make-up and powers of the commission. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under the Texas Health and Safety Code, Title 6, Subtitle B, sec.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. sec.141.1. Origin of the Commission. sec.141.2. Composition of Commission. sec.141.3. Purpose. sec.141.4. Legal Basis. sec.141.5. Organization for Chemical Dependency Services. sec.141.6. Relation to Other Agencies. sec.141.7. Committees of the Commission. sec.141.21. Commission Meetings. sec.141.22. Public Comment and Requests. sec.141.23. Minutes and Recordings. sec.141.24. Officers. sec.141.31. Funding and Fees. sec.141.32. Amendment of Rules. sec.141.33. Policies of the Commission. sec.141.34. Commission Records. sec.141.41. Definitions. sec.141.51. Nondiscrimination in Employment and Funding. sec.141.61. General Authority To Accept Donations. sec.141.62. Standards of Conduct between Employees and Officers and Private Donors. sec.141.71. Resolution of Complaints. sec.141.81. Continuity of Care of Inmates with a History of Drug or Alcohol Abuse. Issued in Austin, Texas, on August 10, 1995. TRD-9510038 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 40 TAC sec.sec.141.1-141.14, 141.31, 141.33, 141.34, 141.41, 141. 51, 141.61, 141.62 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.141.1-141.14, 141.31, 141.33, 141.34, 141.41, 141.51, 141.61, and 141.62, concerning the composition, make-up and powers of the commission. The new sections are being adopted to conform with recent legislation and to describe the powers vested in the commission; the structure and meetings of the board; meetings, minutes, and public comments; the advisory council; commissioner travel; signature authority; basic policies of the commission; and standards of conduct between employees and officers and private donors. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted under the Texas Health and Safety Code, Title 6, Subtitle B, sec.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. sec.141.1. Origin of the Commission. The Texas Commission on Alcohol and Drug Abuse was created through the Texas Alcohol and Drug Services Act, Texas Civil Statutes, Article 5561c-2, Acts of the 69th Legislature, Chapter 632, 1985, which continued, renamed, and expanded the duties of the former Texas Commission on Alcoholism, originally created in 1953. The commission exists in response to the need to provide services for compulsive gambling and for chemical dependency prevention, intervention, treatment, and rehabilitation, and to educate all citizens about the problems of alcohol and drug abuse and compulsive gambling. The current enabling act for the commission is found at Texas Health and Safety Code, Title 6, Subtitle B, Chapter 461. sec.141.2. Commission Composition and Officers. (a) Officers. The governing board of the Texas Commission on Alcohol and Drug Abuse is composed of six members appointed by the governor with the advice and consent of the Senate. In addition to a chairperson, to be appointed by the governor, commission officers shall be a vice-chairperson and a secretary. (b) Election of officers. The vice-chair and secretary shall be elected annually. A quorum of four members must be present for the election to be held. Elections to fill the posts of vice-chair and secretary will be held prior to September of each year, and the term of the office of the vice-chair and secretary shall expire on September 1 of each year. (c) Vacancies in offices. In the event of the resignation, death or incapacity of a commissioner serving as vice-chair or secretary, whose term has not expired, an election to fill that office will be held at the next meeting following the vacancy. (d) Dual offices. A commissioner may not hold two offices concurrently, except as an officer-elect for a brief interim to allow for an orderly transfer of office. (e) Holdover service. Each officer of the commission shall continue to serve until a successor is duly qualified and assumes the post. Upon the expiration of the term of appointment, a commissioner should continue to actively perform assigned duties until such time as or public notification has been made of the appointment of a replacement. The vice-chair shall assume the duties of the chair in the event of the resignation, death, or incapacity of the chair until such time as the governor shall appoint a new chair. sec.141.3. Purpose of the Commission. The commission is the principal authority in the state on matters relating to compulsive gambling and chemical dependency prevention, intervention, treatment, and rehabilitation. The commission is the designated agency to receive and administer federal funds for chemical dependency services in Texas. The commission may provide services directly or through grants and contracts, subject to the availability of state and federal funds. The commission licenses chemical dependency counselors and chemical dependency treatment facilities. The commission works cooperatively with interested and affected federal, state, and local agencies and organizations to plan, develop, coordinate, evaluate, and implement programs relating to chemical dependency services in Texas. sec.141.4. Authority to Accept Funds. The state constitutional authority for the acceptance by the commission of money from private or federal sources is the Texas Constitution, Article 16, sec.3. The state statutory authority for supervision of substance abuse programs by the commission is found in Texas Health and Safety Code (1995), Title 6, Subtitle B, sec.461.012, as amended from time to time. In accordance with Texas Health and Safety Code (1995), Title 6, Subtitle B, sec.461.012(2), the commission cooperates with the federal government in carrying out its charge to provide for the needs of chemically dependent persons through the administration of federal funds under state and federal law, adopting such methods of administration as are found to be necessary and not contrary to existing federal or state laws. The commission shall comply with necessary requirements to receive federal funds in the maximum amount and most advantageous proportion authorized. sec.141.5. Organization for Chemical Dependency Services. Under operational policies established by the commission, the executive director is responsible for the administration, supervision, planning, licensing, funding preparation, and all other activities of the commission. The commission shall maintain an organizational chart which will illustrate its functional organization. sec.141.6. Relation to Other Agencies and Endorsements. (a) Many state and federal agencies provide services that benefit the commission and those persons receiving benefits or privileges from the commission or its funded programs. The commission shall work cooperatively with these agencies to plan, develop, coordinate, implement, and evaluate programs for chemical dependency prevention, intervention, treatment, and rehabilitation. In addition, the commission shall work cooperatively with local governments, nonprofit and proprietary service providers, state planning regions, the criminal justice system, school districts, health organizations, and other groups and individuals. It provides technical assistance, funds, and consultation services for the development, enhancement, and coordination of community services. (b) It is the policy of the commission that any such cooperation or co- sponsorship with other agencies or groups, public or private, shall not be interpreted as an endorsement of its program(s) by the commission. sec.141.7. Committees of the Commission. (a) Appointment of committees. The chair shall, from time to time as needed, appoint committees or task forces of a standing or temporary nature to perform specific functions with regard to policy in conjunction with the duties and purposes of the commission. (b) Committee powers. The chair may appoint members of the commission, in numbers less than a quorum, to serve on such bodies, and to travel and attend meetings on behalf of the commission. Such committees may not take final action, but shall study issues, make recommendations, and report conclusions and actions to the full commission for consideration and final action. The commission shall not delegate its rule or policy-making powers to its committees or to individual members, except as delegated to the executive committee by these rules. (c) Standing committees. The standing committees of the agency shall be the executive committee, the awards committee, and the compliance committee. (d) Executive committee. An executive committee, composed of the chair, vice- chair, and secretary shall be presided over by the chair. The executive committee shall be empowered to make emergency decisions when the commission is not meeting. An emergency, under this policy, is defined as an unforeseen combination of circumstances that call for immediate action without time for deliberation by the full commission. The executive committee shall be empowered to exercise all powers and duties of the commission as set forth in Texas Health and Safety Code, Title 6, Subtitle B, sec.461.012. Decisions of the executive committee shall be submitted to the commission for ratification at the next meeting, regular or called. The executive committee shall meet as necessary upon the call of the chair, and shall publish notice of its agenda as required by law. sec.141.8. Advisory Council. (a) Council established. The commission shall establish a committee known as the Texas Commission On Alcohol and Drug Abuse Council (advisory council). The advisory council shall consist of 39 voting members. The voting members shall be appointed by the commission for a term of three years and shall be composed of a representative from each of the 24 state planning regions and 15 members at- large. Ex-officio members having non-voting status may be appointed to the advisory council by the commission. (b) Council meetings and quorum. The advisory council shall meet twice a year on a date and at a place and time determined by the council, and, if needed, as requested by the chair of the council, the commission's liaison to the council, and the executive director of the commission. A quorum shall constitute one-half of the appointed membership plus one, and the business of the council shall only be conducted when a quorum is present. Proxy voting shall not be permitted. (c) Council expenses. Members of the advisory council, with the exception of at-large and ex-officio members, may be reimbursed for travel and actual expenses incurred for attendance at semiannual meetings in accordance with the guidelines set out for all representatives of the state as stated in the most current appropriations act and State Employees Travel Allowance Guide published by the Comptroller of Public Accounts. Any reimbursement for travel and/or actual expenses in addition to those incurred by attendance at the semiannual council meetings must have prior authorization by the executive director, based upon the recommendation of the chair of the advisory council and the commission's liaison to the council. (d) Duties and functions. The duties and functions of the advisory council shall be to consult with and make recommendations to the commission regarding its policies, programs and activities to: (1) promote the development of a continuum of services that will effect a fundamental change in the behavior of Texas citizens about the use of alcohol and other drugs and compulsive gambling; (2) reduce the risk of Texas citizens abusing alcohol and other drugs or becoming chemically dependent and to reduce the risk of compulsive gambling; (3) ensure accessibility to treatment for every person in Texas in need of such treatment services; and (4) through the chair, report its findings, recommendations and activities to the commission at the meeting of the commission that follows after the semiannual advisory council meeting. (e) Rules of procedure. The advisory council shall adopt bylaws and procedures appropriate to the accomplishment of its functions consistent with the statutes, rules, and policies of the commission. sec.141.9. Commission Meetings.
    The commission shall meet at least quarterly. Commission meetings may be held anywhere within the State of Texas. Prior to each meeting the chair, with the assistance of the executive director, shall prepare and submit to each member of the commission the agenda, listing items to be considered. Materials supplementing the agenda may be included. All meetings shall be held pursuant to public notice as required by law. The chair, or three or more members by written request, may call special meetings on dates and at such places and times as are determined by the executive director and the chair. sec.141.10. Public Comment and Requests. At its meetings, the commission shall receive public comment from any person on any issue which is not otherwise provided for by rule or procedure. The commission may limit public comment to five minutes per person, unless the individual previously submitted a written request to appear as an item on the commission's agenda, and such request was received prior to submitting the agenda to the Texas Register
      for publication. The commission shall maintain a list of visitors attending meetings. sec.141.11. Minutes and Recordings. At all open meetings written minutes shall be taken and the meeting recorded electronically. In addition, any person in attendance may make visual or auditory electronic recordings of open meetings, subject to the availability of space and technical limitations, by prearrangement with the executive director at least 24 hours in advance of the meeting. The chair shall certify the agenda of each executive session or direct that such session be recorded electronically as required by law. sec.141.12. Commissioner Travel and Expense Reimbursement. (a) Official business. Commissioners may travel and incur expenses only when conducting official business. Meals and lodging, public and private transportation, fees, and other allowable expenses and compensatory per diem shall be in accordance with the guidelines as stated in the most current Appropriations Act and the Travel Allowance Guide published by the Comptroller of Public Accounts. (b) Commissioner duties. A commissioner may travel to perform official duties. A commissioner's duties may include but not be limited to speaking on behalf of the commission to groups with a direct interest in substance abuse related issues; receiving endowments, awards or commendations on behalf of the commission; giving presentations or testimony to the legislature or other official body; and visiting contractors or grantees, licensed facilities or other facilities and individuals regulated by the commission, including potential facility locations and/or persons directly associated with a facility. A commissioner shall be accompanied by a commission staff person when making site visits, as practical and appropriate. sec.141.13. Signature Authority.
        The commission shall employ an executive director and the executive director shall hire other necessary employees. Duly authorized employees shall have the authority to bind the agency by making contracts and signing vouchers; provided that no contracts for consulting services may be entered into without prior approval by the commission. The executive director, the director of the Funding and Program Management Division, the director of the Program Compliance Division, the director of the Research and Development Division, the director of the Administrative Services Division, and any other person approved upon a duly adopted motion of the commission shall have authority to enter into contracts or approve vouchers for payment from funds appropriated to the commission. sec.141.14. Historically Underutilized Business Programs (HUB). (a) Historically Underutilized Business policy. The commission is committed to providing procurement and contracting opportunities for minority and women-owned businesses. It is the policy of the commission to create an environment that will enhance Historically Underutilized Business (HUB) participation in state procurements, purchases and contracts. (b) Historically Underutilized Business definition. A Historically Underutilized Business is defined as a corporation, sole proprietorship, partnership, or joint venture formed for the purpose of making a profit in which at least 51% of all classes of the shares of stock or other equitable securities are owned by one or more persons who have been historically underutilized (socially disadvantaged) because of their identification as members of the following groups: African American, Hispanic American, Asian Pacific American, Native American, and Women. These individuals must have a proportionate interest and demonstrate active participation in the control, operation, and management of the business. (c) Historically Underutilized Business procedure. In accordance with Texas Civil Statutes, Article 601b, the commission will ensure that: (1) it makes a good faith effort to award at least 30% of the total value of all applicable procurements, purchases and contracts, to certified Historically Underutilized Businesses; (2) it requires prime contractors and subgrantees to make good faith efforts to award at least 30% of the total value of all applicable procurements, purchases and contracts, to certified Historically Underutilized Businesses; (3) it identifies minority and women-owned businesses and provides them an equal opportunity to submit bids or proposals on applicable commission procurement projects, that is, materials, supplies, equipment, and services; (4) it undertakes special outreach efforts to identify non-certified Historically Underutilized Business vendors currently used by the commission because assisting them in obtaining Historically Underutilized Business certification will benefit the commission as well as other agencies utilizing the same Historically Underutilized Business in the future; (5) the executive director establishes written agency procedures to implement and monitor compliance with this policy, and, compile and prepare such necessary reports as required by law. sec.141.31. Approval of Budgets and Receipt of Funds. The commission shall approve budget requests to be submitted to the legislature and the receipt of grant funds as recommended by the executive director, and shall approve the agency's budget of appropriated funds and funds from other sources. In addition, the commission shall approve the acceptance of donations, set fees for licensure programs, for technical or administrative assistance, consultant services, and specialized services provided by the commission. sec.141.33. Policies of the Commission. Policies of general applicability of the commission are those formal written policies approved by the commission and adopted as administrative rules or as announced in a decision resulting from a contested case. An individual commission member's opinion does not necessarily represent the opinion or policy of the commission. sec.141.34. Commission Records.
          The executive director of the commission is the custodian of all public records of the commission. These records shall be available upon reasonable notice and compliance with commission procedures to any person who makes a written request to examine or duplicate public records, unless the records are made confidential by law. The commission may charge a reasonable fee for the costs of providing records, which shall be in accordance with rules established by the Texas General Services Commission or other applicable law. sec.141.41. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Appellant-A person who has a statutory or commission policy right to appeal a decision of the commission and who requests such appeal to the commissioners following commission rules and procedures. Board-The members of the governing body of the commission. Chemical Dependency -Abuse of, psychological, or physical dependence on, or addiction to alcohol or a controlled substance. Commission-The Texas Commission on Alcohol and Drug Abuse. Controlled substance -A toxic inhalant, or a substance designated as a controlled substance by Texas Controlled Substances Act, Chapter 481. Intervention-Constructive methods or programs designed to reduce an individual's risk of abusing or becoming addicted to alcohol or other drugs. Prevention-Constructive methods or programs designed to reduce an individual's risk of abusing or becoming addicted to alcohol or other drugs. Rehabilitation-A planned and organized program designed to reestablish the social and vocational life of a person after treatment. Substance-Alcohol, a controlled substance, or other chemical substance which has the potential for addiction or harm from abuse or misuse. 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-A planned and organized program of services designed to initiate and maintain a person's chemical-free status or the maintenance of a person free of illegal drugs. sec.141.51. Nondiscrimination in Employment and Funding.
            The commission fully supports the goal of achieving equal employment opportunities for persons of every race, color, sex, religion, creed, age, national origin, political affiliation, and disability (as defined by other law). The commission recruits, hires, and promotes for all job classifications without regard to such characteristics. Decisions on employment are based upon an individual's qualifications for the position being filled. The commission has a grievance procedure for current employees in the event any employee believes that he or she has been subject to discrimination. sec.141.61. General Authority to Accept Donations. The authority to accept donations for the commission is vested in its governing board. Employees of the commission may accept donations within the policies set by the board. The commission does not accept donations of real estate without the express permission and authorization of the legislature, but the commission solicits and accepts other donations from organizations and individuals in any amount and for restricted or unrestricted lawful purposes. The executive director expends unrestricted donations under the direction of the board. sec.141.62. Standards of Conduct between Employees and Officers and Private Donors.
              Commission officers and employees shall not: (1) accept or solicit any gift, favor, or service from a private donor that might reasonably tend to influence his or her officio conduct; (2) accept employment or engage in any business or professional activity with a private donor which the officer or employee might reasonably expect would require or induce disclosures of confidential information acquired by reason of the official position; (3) accept other employment or compensation from a private donor which could reasonably be expected to impair the officer's or employee's independence of judgment in the performance of the duties of the official position; (4) make personal investments in association with a private donor which could reasonably be expected to create a substantial conflict between the officer's or employee's private interest and the interest of the commission; (5) solicit, accept, or agree to accept any benefit for having exercised official powers on behalf of a private donor or performed official duties in favor of a private donor; (6) vote on or otherwise participate in any measure, proposal, or decision pending before the private donor (if serving as an officer, or director of the donor) if the commission might reasonably be expected to have an interest in such measure, proposal, or decision; or (7) authorize a private donor to use property of the commission unless the property is used in accordance with a contract between the commission and the private donor, or the commission is otherwise compensated for the use of the property. Issued in Austin, Texas, on August 11, 1995. TRD-9510181 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 142. Investigations and Hearings 40 TAC sec.sec.142.11, 142.21, 142.22, 142.31-142.33 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.142.11, 142.21, 142.22, and 142.31-142.33, concerning investigations and hearings. The new sections are being adopted to provide rules for general investigations and child abuse investigations, and to describe hearing procedures for licensure sanctions appeals, administrative penalty appeals, and all other appeals. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted under the Texas Health and Safety Code, Title 6, Subtitle B, sec.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. sec.142.11. Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Administrative hearing -An appeals hearing conducted by an administrative law judge on behalf of the board. ALJ-An administrative law judge employed by the State Office of Administrative Hearings. Adverse action -An order, ruling, or decision which: (A) revokes, suspends, denies, or refuses to issue or renew a license; (B) places a licensee on probation; (C) imposes administrative penalties; (D) terminates or suspends an award before the expiration date; (E) terminates, suspends, or reduces payments to a provider; (F) denies payment, in whole or in part, for a properly filed claim; (G) requires a refund; or (H) debars a provider. Board-The commissioners of the Texas Commission on Alcohol and Drug Abuse. Commission-The Texas Commission on Alcohol and Drug Abuse. Days-Calendar days, unless otherwise specified. Executive director -The person acting as the chief administrative officer of the commission. Hearings officer -A person designated by the executive director to conduct an informal conference. Informal conference -A meeting presided over by a hearings officer. Notice of intent -A document in writing that expresses contemplated adverse action. Person-An individual, partnership, corporation, association, governmental subdivision or public or private organization that is not a state agency. Respondent-A person against whom adverse action is sought. SOAH-The State Office of Administrative Hearings. sec.142.21. Complaints and Investigations. (a) A person alleging that a provider, licensee, or intern has violated commission rules shall file a written complaint with the commission. (b) The commission may also initiate an investigation or disciplinary action against a provider, licensee, or intern if it receives information that a violation has or may have occurred. (c) The commission will document, evaluate and prioritize complaints based on the seriousness of the alleged violation and the level of client risk. Categories used by the commission are: (1) Category I: Alleged violations that pose an immediate threat to the health or safety of clients receiving prevention, intervention, or treatment services from persons licensed or funded by the commission. (2) Category II: Alleged violations that pose a potential threat to the health or safety of clients receiving prevention, intervention, or treatment services from persons licensed or funded by the commission. (3) Category III: Alleged violations that do not pose a potential threat to the health or safety of clients receiving prevention, intervention, or treatment services from persons licensed or funded by the commission. (4) Category IV: Alleged violations that are not related to commission rules or funding requirements and are not within the jurisdiction of the commission. (d) All allegations of fraud, abuse, neglect, exploitation, and other violations of client rights will be investigated by the commission. (e) Complaints outside the commission's jurisdiction will be referred to the appropriate agency for action, as appropriate. (f) The commission will inform the person of the exact nature of the complaint and may require a facility to conduct its own internal investigation and submit the findings for review. (g) The person shall provide commission staff access to all documents, evidence, and individuals related to the alleged violation and any internal investigations. (h) Until the case is resolved, the commission will send quarterly written status reports to all parties. (i) The commission will document its investigative findings and conclusions and inform the facility and the complainant of the results. If an investigation substantiates the allegation, the commission will require the facility to take corrective action and/or impose sanctions. sec.142.22. Child Abuse or Neglect Investigations. (a) Reports to the commission. The commission will accept oral or written reports concerning acts of child abuse or neglect relating to persons funded or licensed by the commission. (1) All reports from an identified person alleging child abuse or neglect will be classified as Category I complaints. (2) Anonymous reports of child abuse or neglect may be classified as Category I or Category II complaints, depending on the perceived level of threat to the child's health or safety. (b) Response. Category I investigations shall begin within 24 hours, and Category II investigations shall begin within 48 hours, whenever possible. (1) If an investigation determines the abuse or neglect does not involve a person responsible for the child's care, custody, or welfare, the commission shall refer the report to a local law enforcement agency for further investigation. (2) If the complaint was anonymous, the commission shall conduct a preliminary investigation to determine if there is any evidence to substantiate the allegations. If it finds no evidence to substantiate the allegations, the case shall be closed without further action. (c) Coordination with other agencies. The commission shall coordinate investigations of child abuse or neglect with appropriate agencies. (1) When it receives a complaint of child abuse or neglect, the commission shall: (A) report the incident to other agencies which also license the person; (B) notify the Texas Department of Protective and Regulatory Services; and (C) contact local law enforcement agencies. (2) The notice shall include the investigator's projected on-site arrival, and a request for the name, telephone number, and position of a contact person to coordinate interagency communications. (3) When the investigation is completed, a full report shall be submitted to all agencies. (d) Evidence. Commission investigators shall collect sworn statement and documentary evidence only. If the investigator determines a need for the collection and preservation of physical and photographic evidence, the investigator will contact local law enforcement agencies or the Texas Department of Protective and Regulatory Services for assistance. (e) Reports of the investigation. A written report on child abuse or neglect cases shall be submitted to the Assistant Deputy Director of the Program Compliance Division within five days. (1) The commission's burden of proof shall be the preponderance evidence. (2) The commission shall notify all relevant parties of the investigative findings in writing. (f) Disciplinary action. The commission shall take appropriate disciplinary action, which may include but is not limited to revocation of a license and/or termination of a grant. The disciplinary action shall be based on: (1) the seriousness of the violation; (2) history of previous violations; (3) action necessary to deter future violations; (4) efforts to correct the violation; and (5) any other matter that justice may require. (g) Complaints. If a person under investigation requests clarification of the status of the case or files a complaint regarding the conduct of the Commissions investigator or the commission's policy, the commission shall review the complaint. (1) The investigator's immediate supervisor shall conduct the informal review as soon as possible, but not later than the 14th day after the complaint has been received. (2) If the person disputes the finding of the informal review, the person may request an administrative review. (A) The hearings officer shall be an administrative employee who was not involved in and did not directly supervise the investigation. (B) The review shall substantiate, alter, or reverse the original investigative findings. (C) The administrative review shall take place as soon as possible, but not later than the 45th day after the date the commission receives the request. If court proceedings are pending, the commission may postpone the review until court proceedings have been completed. sec.142.31. Procedure for Facility and Chemical Dependency Counselor Disciplinary Hearings. (a) The executive director, upon investigation and development of information indicating that grounds may exist to take disciplinary action, may issue a notice of intent notifying the respondent of the proposed action to be taken. (b) If the respondent fails to request an informal conference within 20 days of the date of the notice of intent, the executive director, on or after the 21st day following the date of the notice of intent, may issue a notice of denial, suspension, revocation or nonrenewal of the license. The executive director's decision is final 30 days after the notice is mailed unless: (1) the commission obtains an injunction; or (2) the commission receives a written request for an administrative appeal within 15 days from the date on which the executive director's decision 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 shall be given the opportunity to show compliance with all requirements of law and why the proposed action should not be taken. Formal rules of evidence shall not be used, but at the discretion of the conference officer, testimony may be under oath. Following the conference the executive director shall issue an order either withdrawing the notice of intent or modifying or confirming the proposed disciplinary action expressed in the notice of intent. The executive director's decision is final 30 days after the notice is mailed unless: (1) the commission obtains an injunction; or (2) the commission receives a written request for an administrative appeal within 15 days from the date on which the executive director's decision was mailed. (d) If the commission receives a timely request for an administrative appeal, the effective date of the executive director's decision is superseded pending the commission's final action. (e) The respondent is entitled to at least 15 days' notice of the date, time, and place of the appeals hearing. The appeals hearing shall be conducted by an administrative law judge (ALJ) employed by the State Office of Administrative Hearings (SOAH). The State Office of Administrative Hearings' Rules of Procedure found at 1 TAC, Chapter 155, apply to appeals hearing unless in conflict with these rules. (f) The parties to the hearing shall be allowed to present evidence, to examine witnesses, to cross examine adverse witnesses, to make argument, and to submit legal authority. Following the hearing, the administrative law judge shall issue a proposal for decision containing a statement of the reasons for the proposed decision and of each finding of fact and conclusion of law necessary to the proposed decision. (g) Exceptions to the proposal for decision, if filed, must be filed with the administrative law judge within 20 days after the date of mailing the proposal for decision. Replies to the exceptions, if any, must be filed with the administrative law judge within 30 days after the date of mailing the proposal for decision. (h) The board will consider the proposal for decision at a public meeting, at which the board shall issue a final decision or order. An order is effective 31 days after the respondent receives notice of the decision or order. (i) A motion for rehearing, if filed, must be filed within 20 days after the date the respondent or the respondent's attorney is notified of the final decision or order. The board shall act on the motion within 45 days after the notification date of the final decision or order. If the board fails to act, the motion for rehearing is overruled by operation of law 45 days after the notification date of the final decision or order. (j) An order granting a rehearing vacates the preceding final order. When the board renders a new final decision, a motion for rehearing directed to the new order is a prerequisite for appeal. (k) In the absence of a timely motion for rehearing, a decision is final 31 days after the respondent receives notice of the decision. A decision is final and appealable on the date of rendition of an order overruling a motion for rehearing or on the date the motion is overruled by operation of law. If the board finds an imminent peril to the public health, safety or welfare requires immediate effect of a final decision or order, it shall recite that finding in the decision or order as well as the fact that the decision or order is final and effective on the date rendered, in which event the decision or order is final and appealable on the date rendered, and no motion for rehearing is required as a prerequisite for appeal. (l) The respondent appealing the board's order shall pay to the commission the cost of preparing the original or a certified copy of the record that is to be transmitted to the reviewing court at rates approved by the State Purchasing and General Services commission. sec.142.32. Administrative Penalties. (a) The commission may impose an administrative penalty against a person licensed or regulated by Texas Health and Safety Code, Title 6, Subchapter B, Chapter 464. (b) Each day a violation continues is a separate violation. (c) 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. (d) The executive director, following the opportunity for an informal conference and upon determining that a violation has occurred, may report the findings and recommendations to the commissioners, including a recommended penalty. (e) The executive director shall give written notice to the person adversely affected within 14 days of the date the report is issued. The notice may 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; (3) a notification that the person has a right to a hearing on the occurrence of the violation, the amount of the penalty, or both. (f) The person shall accept the determination and recommended penalty or request a hearing in writing within 20 days of receipt of the notice. If the person accepts the determination and recommended penalty, the board shall issue an order approving both. (g) If the person requests a 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. (h) Section 142.31(d)-(l) 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. The board's order is final, however, 20 days after the person receives notice of the adverse decision if no motion for rehearing is filed. sec.142.33. Procedure for All Other Appeals. (a) This section applies to all other proceedings in which the commission seeks adverse action against respondents, including grantees. (b) The respondent must file a written notice of protest to the notice of intent or adverse action with the executive director within 30 days of the date of the commission's notice. (c) The executive director shall schedule an informal conference before the director or the director's designee. At the conference the respondent shall be given the opportunity to show compliance with all requirements of law and why the proposed action should not be taken. Formal rules of evidence shall not be used, but at the discretion of the conference officer, testimony may be under oath. Following the conference, the executive director shall issue an order either withdrawing the notice of intent or adverse action, or modifying or confirming the proposed action expressed in the notice of intent or the adverse action. The executive director's decision is final 15 days after the notice is mailed, unless the respondent files a timely notice of administrative appeal. (d) The written notice of administrative appeal, if filed, must be filed within ten days of the date of the executive director's decision. The respondent is entitled to at least ten days' notice of the date, time, nature and place of the appeals hearing. The notice shall also include: (1) a statement of the legal authority and jurisdiction under which the hearing is to be held; (2) a reference to the particular section of the statutes and rules involved; and (3) a short, plain statement of the matters asserted. (e) The appeals hearing shall be conducted by an administrative law judge employed by State Office of Administrative Hearings. State Office of Administrative Hearings' Rules of Procedure found at the 1 TAC, Chapter 155, apply to appeals hearings unless in conflict with these rules. (f) The parties to the hearing shall be allowed to present evidence, to examine witnesses, to cross examine adverse witnesses, to make argument, and to submit legal authority. Following the hearing, the administrative law judge shall issue a proposal for decision containing a statement of the reasons for the proposed decisions and of each finding of fact and conclusion of law necessary to the proposed decision. (g) Exceptions to the proposal for decision, if filed, must be filed with the administrative law judge within 20 days after the date of mailing the proposal for decision. Replies to the exceptions, if any, must be filed with the administrative law judge within 30 days after the date of mailing the proposal for decision. (h) The board will consider the proposal for decision at a public meeting, at which the commission shall issue a final decision or order. An order is effective 20 days after the respondent receives notice of the decision or order. Issued in Austin, Texas, on August 11, 1995. TRD-9510183 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 143. Introduction 40 TAC sec.sec.143.11-143.19, 143.31-143.36 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.143.11-143.19 and ssec.143.31-143.36, concerning appeals hearings. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under the Texas Health and Safety Code, Title 6, Subtitle B, sec.461.012(15), which provides the Texas Commission on Alcohol and Drug Abuse with the authority to adopt rules governing functions of the commission, including rules that prescribe policies and procedures followed by the commission in administering any commission programs. sec.143.11. Appeals to the Board. sec.143.12. Hearing Examiners. sec.143.13. Requirement for Appeal Requests. sec.143.14. Notice of Hearing. sec.143.15. Location of Hearings. sec.143.16. Nature of Hearings. sec.143.17. Restrictions on Communications During Appeals. sec.143.18. Representation by Agent. sec.143.19. Adjournment, Continuances, and Postponements of Hearings. sec.143.31. Evidence. sec.143.32. Abstention from Voting. sec.143.33. Decision of the Board. sec.143.34. Continuing Jurisdiction. sec.143.35. Exhaustion of Remedies. sec.143.36. Record on Appeal. Issued in Austin, Texas, on August 10, 1995. TRD-9510040 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 143. Awards Subchapter A. Funding Mechanisms 40 TAC sec.sec.143.11-143.16 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.143.11-143.16, concerning awards funding mechanisms. The new sections are being adopted to describe the methods used by the commission to award funds to applicants. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted under the Texas Health and Safety Code, Title 6, Subtitle B, sec.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. sec.143.11. Methods of Purchase. The commission awards funds through four primary methods: (1) solicitation of competitive applications through the request for proposal (RFP) process; (2) application process for noncompetitive renewal funding; (3) consideration of unsolicited requests for funding; and (4) noncompetitive negotiation of awards. sec.143.12. Competitive Negotiation.
                The commission may solicit proposals from a number of sources by publishing a request for proposals (RFP) in the Texas Register
                  . After the evaluation process, the commission negotiates with one or more applicants who meet the specified requirements. sec.143.13. Noncompetitive Negotiation. (a) The commission may solicit a proposal from only one source if it is not feasible to use competitive procedures. (b) In addition, one of the following must apply: (1) A competitive process failed to elicit acceptable bids. (2) The agency awarding or appropriating the funds to the commission either authorized the noncompetitive negotiation or approved the entity to receive funds. (3) An emergency necessitates proceeding without formal advertising because of the delay it causes. (4) The material or service to be purchased is available from only one source. (c) The following procedures shall be used: (1) A notice that funds are available for the service shall be published in the Texas Register
                    for at least 15 days. (2) The commission will conduct a cost analysis or budget review which includes verification of the proposed cost data, the projections of the data, and the evaluation of the specific elements of costs and profit (if applicable and authorized). (3) The commission will evaluate the organization and the proposed program in relation to federal and state requirements and criteria set by the agency. (4) The commission will obtain consent from federal funding sources as required by Office of Management and Budget Circular (OMB) A-102, if applicable. (5) Applicable state regulations, such as the Historically Underutilized Business (HUB) Program, will also be followed. (d) After a noncompetitive award is made, the commission reserves the right to use a competitive process in subsequent years. sec.143.14. Unsolicited Proposals. (a) Unsolicited proposals will be considered only when sufficient and proper funds are available. (b) Unsolicited proposals do not include late or advance proposals for known commission requirements that can be obtained through competition. (c) A valid unsolicited proposal shall be innovative or unique, meet a specific need of an underserved population, or meet any other unmet need. (d) On-going programs are not eligible for awards through this process. (e) The project shall be completed within a 12-month period, and the award shall not be renewed. (f) Total cost shall not exceed $25,000. (g) An unsolicited proposal shall be developed by the applicant without commission supervision. (h) Staff will evaluate unsolicited proposals if funds are available. (i) If the proposal meets all requirements and appears to be worthwhile, an award recommendation may be submitted to the commission's governing board or designee for approval. (j) If applicable, the commission will submit the proposal for federal approval as required by Office of Management and Budget Circular A-102. (k) The commission will also follow applicable state regulations, such as the Historically Underutilized Business Program. sec.143.15. Noncompetitive Renewal. (a) The commission may renew a competitive award annually for up to four years without further competition. (b) The commission may renew a noncompetitive award annually for an indefinite period, provided that a periodic review documents that competition is not possible. (c) A grant shall not be renewed unless: (1) the commission finds a continuing regional need for the services; and (2) the provider continues to meet eligibility requirements. (d) Renewal of an award is not automatic. The commission may renew an award when renewal is authorized and beneficial. sec.143.16. Categorical Awards.
                      When funds are available from the Center for Substance Abuse Treatment (CSAT), the commission may: (1) mail a notice to interested applicants; (2) participate in the initial review of applications; and (3) prepare and submit a consolidated state application to the Center for Substance Abuse Treatment, when applicable. Issued in Austin, Texas, on August 11, 1995. TRD-9510185 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Subchapter B. Eligibility 40 TAC sec.sec.143.21-143.25 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.143.21-143.25, concerning eligibility for commission awards. The new sections are being adopted to establish minimum criteria for persons who wish to apply for funding from the commission. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted under the Texas Health and Safety Code, Title 6, Subtitle B, sec.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. sec.143.21. Eligibility Criteria. (a) An application shall not be considered unless the provider meets the following criteria: (1) The provider shall be a legally established public, private nonprofit, or for-profit organization. For-profit entities are only eligible to provide treatment services and shall be funded through a unit cost competitive procurement. (2) Providers seeking funding for treatment services shall have been licensed at the level proposed for 180 days unless funds are being sought for developmental purposes. (3) All of the provider's counselor interns and licensed chemical dependency counselors shall be in good standing with the commission. (4) A provider shall not employ a chemical dependency peer intern except within the Texas Criminal Justice Chemical Dependency Treatment Initiative. (5) The provider and all counselors shall be in compliance with any commission agreed order. (6) Providers who have previously been funded by the commission shall be in compliance with the following requirements: (A) If the applicant has been suspended or terminated by the commission at any time in the past all issues shall be satisfactorily resolved. (B) If the applicant owes a refund to the commission it shall be on schedule with the terms of the repayment agreement. (C) The applicant shall have submitted an annual audit as required by the grant agreement or contract. (D) The applicant shall have corrected all deficiencies noted in previous audits or submitted an acceptable corrective action plan. (E) The applicant shall have returned all requested refunds, as required. (b) Requests for proposals (RFPs) and noncompetitive negotiations may establish additional eligibility standards. (c) Providers shall continue to meet eligibility standards after funds are awarded or be subject to sanctions. sec.143.22. Abstinence as a Treatment Goal. Providers shall require all clients receiving services funded by the commission to establish treatment goals which include abstinence from the consumption of alcohol, illicit drugs, and inhalant abusable products. sec.143.23. Application Information. (a) An applicant who does not provide all requested information is not eligible to receive funds from the commission. (b) All applicants shall supply the following information, if requested: (1) identifying information; (2) documentation of legal basis for operation; (3) ownership or control information; (4) information on business transactions and relationships; (5) information on financial status; and (6) information on persons convicted of crimes. (c) The commission may deny funding to an applicant if any person who has an ownership or controlling interest in the provider organization, or who is an agent or managing employee of the provider, has been convicted of a criminal offense related to involvement in any program established under Medicare, Medicaid, or the Title XX block grant. sec.143.24. Compliance with Other Agencies. (a) An applicant who is not in good standing with other funding or regulatory agencies is not eligible for funding from the commission. (b) Applicants shall be in good standing with any state or federal agency that has a contracting relationship with the applicant. An applicant is not eligible if: (1) a state or federal agency has terminated the applicant's contract within the last 12 months for performance deficiencies; (2) the applicant has been debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs. (c) The commission may refuse to fund an applicant who cannot demonstrate that the location where services will be provided is in compliance with all applicable local and state zoning, building, health, fire, and safety standards. sec.143.25. Litigation. An applicant shall disclose to the commission in writing any pending or threatened litigation which might prevent the applicant from meeting funding requirements, if funded. This includes: (1) an action, suit, or proceeding before any court or governmental body, including environmental and civil rights matters; and (2) employee labor disturbances. Issued in Austin, Texas, on August 11, 1995. TRD-9510187 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Subchapter C. Competitive Funding Process 40 TAC sec.sec.143.31-143.46 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.143.31-143.46, concerning the competitive funding process. The new sections are being adopted to describe the procedures used in the commission's primary funding mechanism, the request for proposal (RFP) process. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted under the Texas Health and Safety Code, Title 6, Subtitle B, sec.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. sec.143.31. Award Criteria. (a) The commission shall develop award criteria for each request for proposal based on state and federal funding mandates which address priorities, restrictions, and prohibitions. (b) Funds are awarded through a plan based on: (1) an allocation formula which recognizes need in the Health and Human Services Commission (HHSC) regions; (2) peer review rankings; and (3) cost of proposed service. (c) The commission may consider additional factors in allocating funds, including: (1) appropriateness for the commission funding; (2) potential contribution of proposed services; and (3) past performance and compliance. (d) Award criteria shall be developed in accordance with policies and procedures established by the board and listed in the request for proposals. sec.143.32. Request for Proposals (RFP). (a) The commission develops requests for proposals based on a clear and accurate description of the services to be purchased. (b) The request for proposal shall include all requirements that must be met for an application to be considered. (c) The package contains complete application procedures, forms, and time frames. (d) The request for proposal also describes the commission's process for evaluating the proposals and making awards. sec.143.33. Cancellation or Suspension of Solicitation. (a) The commission has the right to reject all offers and cancel a solicitation for any of the following reasons. (1) The specifications given in the request for proposal were inaccurate, inadequate, or ambiguous. (2) The services are no longer required. (3) The offers received indicated that the services can be purchased by a less expensive method. (4) Probable cause is found to believe that the bids/offers are collusive or were submitted in bad faith. (5) None of the applicants is considered responsive. (6) The responsible contracting authority determines cancellation is in the commission's best interest. (b) The commission may suspend a solicitation because of uncertainty in federal regulations, departmental policy, or similar requirements. The process may resume when the issue is resolved, or the solicitation may be canceled. sec.143.34. Competition and Collusion. (a) The commission shall maximize open and free competition. Competitive requests for proposals shall not include unwarranted requirements which eliminate or restrict participation of qualified potential providers. (b) The award process shall be fair and impartial. (c) Submitted proposals may only contain employee-developed materials and shall only represent the efforts of the applicant organization. (d) Lobbying of commission staff or commissioners is prohibited. sec.143.35. Advertisement of Solicitation. (a) The commission shall publish a notice of the intent to purchase services through a competitive process in the Texas Register
                        . The notice shall include: (1) the service to be purchased; (2) the geographic area to be served; (3) funding limitations; (4) method of payment; (5) contract period; (6) any limitations on who may submit an offer; (7) how to obtain a request for proposal; and (8) the application deadline. (b) The commission will attempt to reach as many potential applicants as possible, depending on available staff time and funding. sec.143.36. Information about the Funding Process. (a) An applicant may obtain information about the funding process only through the methods described in the application package. (b) Applicants with questions about a request for proposal shall request information according to these instructions. (c) No potential contractor shall be given information that may give him a competitive advantage over the other potential providers. (d) The commission representatives shall not discuss applications with applicants after the submission deadline. sec.143.37. Application. (a) An organization shall apply for funding using forms and procedures specified by the commission. (b) The application shall be signed by the organization's authorized official. (c) Providers seeking noncompetitive continuation awards must submit an application each year. (d) Applications shall be received at the commission by the date and time stated in the request for proposal. The commission shall not consider any material related to an application (except for Texas Review and Comment System comments) that is received after the due date. (e) Applications shall be submitted by mail or in person. The commission shall not accept applications by facsimile. sec.143.38. Texas Review and Comment System (TRACS) Review. (a) Applicants seeking financial assistance (grants) from the commission shall comply with the Texas Review and Comment System (TRACS) as described in the request for proposal. (b) A favorable Texas Review and Comment System (TRACS) recommendation is not required for applicants to submit proposals to the commission. sec.143.39. Screening. Applications are first screened for eligibility and completeness using minimum requirements stated in the request for proposal. An application shall meet all screening criteria to qualify for further consideration. The commission will notify applicants that are eliminated within 30 days. sec.143.40. Internal Review.
                          Staff shall conduct an evaluation of each applicant's performance and compliance history, including current status with the commission. Other funding sources may also be contacted during this process. sec.143.41. Peer Review. (a) The commission shall maintain a peer review process to evaluate competing applications. (1) Applications are competing when two or more applications are received from the same state planning region for the same service, service level, setting, and target population. (2) Peer review shall be used for all competitive awards unless the scope of the award or the number of competing applications received does not justify the cost. (b) The peer review process shall be designed to promote fairness, objectivity, and impartiality. (c) The commission shall solicit applications from professionals outside Texas to serve as peer reviewers. Peer reviewers shall demonstrate appropriate training and experience and shall have no personal interest in the outcome. (d) The peer reviewers shall score each application according to the review criteria stated in the request for proposal. The commission shall provide written procedures and training for all peer reviewers. sec.143.42. Funding Decisions. (a) Funding decisions are: (1) made by the commission's governing board or designee; and (2) based on the funding allocations, the award criteria, and the cost of the proposed service. (b) Adjustments may be made to the funding allocations and award criteria to meet unanticipated changes and needs. (c) Staff apply the funding allocation formulas and award criteria to determine which applications will be recommended for funding. (d) The governing board or designee shall review and approve the recommendations. sec.143.43. Negotiation. (a) The commission may negotiate with recommended applicants to determine the terms of the award. (b) A provider shall not enter into an agreement with the commission if legal action is pending or threatened that might impact the provider's ability to meet the requirements of the award. sec.143.44. Acceptance. (a) The commission will send the applicant written notice within 30 days of the funding decision. (b) To receive an award, the applicant shall accept any additional or special terms and conditions listed in the letter of award or contract and any changes in the funding application. (c) An applicant documents acceptance of the award by signing it and returning it to the commission. The award becomes final only after the commission receives a fully executed copy of the contract or letter of award. sec.143.45. Funding Announcements.
                            Applicants shall not make public announcements about the commission funds until they have received written award notification from the commission. sec.143.46. Notification of the Unsuccessful Applicant. The commission will notify unsuccessful applicants in writing. Upon written request, the commission will provide written feedback on unsuccessful proposals. Issued in Austin, Texas, on August 11, 1995. TRD-9510189 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 148. Facility Licensure Standards Subchapter A. Licensure Information General Provisions 40 TAC sec.sec.148.1-148.4 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.1-148.4, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals 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 adopt rules and standards for licensure of chemical dependency treatment facilities. sec.148.1. Purpose. sec.148.2. License Required. sec.148.3. Application of the Rules. sec.148.4. Variances. Issued in Austin, Texas, on August 10, 1995. TRD-9510042 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 148. Facility Licensure Subchapter A. Licensure Information 40 TAC sec.sec.148.1-148.4, 148.21-148.27, 148.41, 148.42, 148.61 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.148.1-148.4, 148.21-148.27, 148.41, 148.42, and 148.61, concerning chemical dependency facility licensure information. The new sections are being adopted to describe general provisions; procedures for licensure application, renewal, and changes in status; licensure fees; licensure reviews; sanctions and injunctions; and definitions. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted 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 adopt rules and standards for licensure of chemical dependency treatment facilities. sec.148.1. Purpose. The purpose of these rules is to protect the public health, safety, and welfare and to ensure that chemically dependent individuals receive adequate and appropriate treatment. sec.148.2. License Required. (a) A facility providing chemical dependency treatment in Texas shall have a license issued by the commission unless it is: (1) a facility maintained or operated by the federal government or its agencies; (2) a facility directly operated by the State of Texas; (3) a general or private psychiatric facility licensed by the Texas Department of Health; (4) an educational program for intoxicated drivers; (5) an individual who personally provides support services to chemically dependent persons but does not offer or purport to offer a chemical dependency treatment program; (6) the office of a private licensed health care practitioner or licensed chemical dependency counselor who personally renders individual or group services within the scope of the practitioner's license and in the practitioner's individual office; or (7) exempt under state law. (b) The facility shall have a licensure certificate for each program and site. (c) A licensed facility shall have written approval from the commission before accepting court commitments or providing treatment as an alternative to arrest for public intoxication. sec.148.3. Application of the Rules. (a) The commission's interpretation of these rules shall be binding on all applicants and licensees. (b) Information, opinions, and advice provided by commission staff shall not be considered binding on the commissioners if the matter requires action by the commissioners. (c) Commission activity does not set precedent. Every situation will be considered on its own merit. sec.148.4. Variances. (a) The commission's executive director may grant a variance to a facility or group of facilities. (b) To be eligible for a variance, a facility shall show: (1) an alternative method is used to meet the intent of the rule; and (2) the variance will not jeopardize the health, safety, or welfare of clients. (c) The commission's executive director or designee will determine if an alternative is equivalent to the written rule and when it will be accepted during licensure reviews. sec.148.21. Licensure Application.
                              An applicant for initial licensure, license renewal, or change in status shall submit a complete licensure application with an application fee and follow procedures and time frames set by the commission. sec.148.22. Licensure Renewal. (a) A license issued by the commission expires at the end of two years and may be renewed. (b) The licensee shall file a renewal application and renewal fee at least 90 days before the license expires. (c) The facility shall not provide services after the license expiration date unless it has received written notification that the renewal has been approved. (d) If the commission receives the renewal application one to 90 days after the expiration date, the licensee shall pay a $500 penalty in addition to the renewal fee. (e) After 90 days, the license cannot be renewed. The licensee shall submit an application for a new license. sec.148.23. Changes in Status. (a) A facility shall give advance notice of any proposed change in a program's licensure status and submit the appropriate application and fees. Notice of less than 60 days may delay approval. (b) The facility shall receive written approval from the commission before implementing any of the following changes: (1) additional program site; (2) new organization name; (3) additional services; (4) new address; (5) increase in client capacity; or (6) change in client gender or age group. sec.148.24. Change in Ownership. (a) The facility shall notify the commission before a change in ownership. (b) The new owner shall apply for a new license and is subject to the same procedures and fees as any other applicant. sec.148.25. Licensure Fees. (a) A single licensure fee is charged and collected for each licensure period. (b) Licensure fees are not refundable. (c) A facility shall pay the full licensure fee for any licensure period during which it provides chemical dependency treatment. Failure to notify the commission of closure does not excuse a licensee from paying fees. (d) Fees shall be paid in full by certified check or money order. (e) Through December 31, 1995, the schedule for licensure fees is: (1) application fee-$50; (2) base fee-$1,000; (3) fee per bed-$30; (4) maximum fee per facility-$2,000. (f) Effective January 1, 1996, the schedule for licensure fees shall be: (1) application fee-$100; (2) base fee-$1,000; (3) fee per site-$100; (4) fee per bed-$30; (5) maximum fee per facility-$4,000. (g) The certificate replacement fee is $10. (h) Fees are also charged for any documentation request: (1) list of licensed facilities-$15; (2) facility labels-$5.00; (3) paper copies over 50 pages-$.10 per page; (4) local Fax-$.10 per page; (5) long distance fax, same area code-$.50 per page; (6) long distance fax, different area code-$1.00 per page. sec.148.26. Discontinuing Treatment. (a) Any facility that voluntarily suspends services for more than 30 days shall notify the commission with a letter of intent justifying why the commission should not retire the license. If granted, inactive status is limited to six months. The licensee is responsible for all licensure fees while on inactive status. (b) The facility shall notify the commission in writing within 30 days when it closes a chemical dependency treatment program. (c) A license becomes invalid when a program closes or changes ownership and the document of approval shall be returned to the commission at that time. (d) Surrender of a license does not interrupt an investigation or sanctions process. Unless the facility is cleared through investigation or hearings, the commission will impose the proposed sanctions and withdraw the facility's license in negative status. The facility is not eligible to regain the license until all outstanding investigations, disciplinary proceedings, or hearings are resolved. sec.148.27. Licensure Review. (a) The commission may conduct a scheduled or unannounced on-site inspection or request additional materials for review. (b) The applicant shall allow commission staff to access the facility's grounds, buildings, and records and to interview members of the governing body, staff and clients. (c) The facility shall have evidence of its compliance with each applicable rule. (d) The applicant shall correct identified deficiencies and pay the licensure fee on time. (e) The applicant shall not provide chemical dependency treatment services before receiving written notice of licensure approval. (f) The facility shall display the licensure certificate prominently wherever it provides services. sec.148.41. Sanctions. (a) The commission's executive director may deny, suspend, revoke, or refuse to renew a license if an applicant, licensee, owner, member of the governing body, administrator, or clinical staff member of the facility: (1) has a documented history of client abuse or neglect as determined by the commission; (2) fails to comply with any provision of the Act or other applicable statute, or with a commission rule. (b) The commission may impose an administrative penalty against a person regulated under the Act who violates authorizing statutes, or a rule or order adopted under the statutes. (c) A person practicing without a license is subject to a civil penalty of up to $200 for each violation of the Act or these rules. (d) Each day a violation continues or occurs is a separate violation. (e) All hearings shall be conducted according to the Administrative Procedures Act, Texas Civil Statutes, Government Code, Chapter 2001 and Chapter 142 of this title (relating to Investigations, Appeals, and Hearings). (f) The executive director or designee may offer the person an opportunity to sign an agreed settlement, consent order, or stipulation. (1) A proceeding is suspended on the date both parties sign the agreement. (2) If the applicant fails to comply with any requirement of the agreement, the executive director or designee may nullify the agreement and resume the proceeding. sec.148.42. Injunctions. The commission may petition a district court to restrain a person who commits a violation that is causing an immediate threat to the health and safety of individual clients. sec.148.61. Definitions. The following terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. Abuse-Any act or failure to act which is done knowingly, recklessly or intentionally, including incitement to act, which caused or may have caused injury to a client. Injury may include, but is not limited to: physical injury, mental disorientation, or emotional harm, whether it is caused by physical action or verbal statement. Client abuse includes: (A) any sexual activity between facility personnel and a client; (B) corporal punishment; (C) nutritional or sleep deprivation, (D) efforts to cause fear; (E) the use of any form of communication to threaten, curse, shame, or degrade a client; (F) restraint that does not conform with these rules; (G) coercive or restrictive actions taken in response to the patient's request for discharge or refusal of medication or treatment that are illegal or not justified by the patient's condition; and (H) any other act or omission classified as abuse by the Texas Family Code, sec.34.012. Act-Texas Health and Safety Code, Title 6, Subtitle B, Chapter 464. Acute alcohol/drug withdrawal-Withdrawal symptoms which threaten the physical safety of the client. Acute withdrawal symptoms may include, but are not limited to: seizures, hypertensive crisis, deliriums tremens, and severe dehydration with metabolic or electrolyte imbalances. Adequate-Reasonably sufficient; enough to meet the need. Admission-Formal acceptance of a prospective client to a treatment facility. Adolescent-An individual 13 through 17 years of age whose disabilities of minority have not been removed by marriage or judicial decree. 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. Advanced nurse practitioner-A registered nurse currently licensed in Texas who is prepared for advanced practice and approved by the Texas State Board of Nurse Examiners. Advertise-To solicit or induce, through print or electronic media, including radio, television, or direct mail, to purchase the services provided by a treatment facility. Aftercare services -Services provided by a facility to a client who has been discharged and is no longer receiving services from any of that facility's treatment programs. Applicant-A person who has submitted a complete application to the commission for licensure, relicensure, or change in status, and paid the application fee. Approval-Written authorization. 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 counselor-A qualified credentialed counselor, as defined in these rules, or an individual designated by the commission as a chemical dependency intern. Chemical dependency education-A planned, structured presentation of information related to chemical dependency, including but not limited to: physiological and psychological effects, emotional and social deterioration, rehabilitation and relapse, and risk of Human Immunodeficiency Virus. 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. Child-An individual under the age of 13. Client-An individual who is receiving services from a chemical dependency treatment facility licensed by the commission. All licensed chemical dependency counselors and interns providing chemical dependency services at a facility have a client-counselor relationship with any client receiving chemical dependency or related services from the facility which extends for two years beyond the date that services cease. Commission-The Texas Commission on Alcohol and Drug Abuse. Commissioners-Members of the commission's governing body. Confidentiality laws -Federal law (42 United States Code, sec.290dd-2) and state law (Texas Health and Safety Code, Title 7, Subtitle E, Chapter 611) and regulations adopted pursuant to these statutes. Consenter-The individual legally responsible for giving informed consent for a client. This may be the client, parent, guardian, or conservator. Unless otherwise provided by law, a legally competent adult is his or her own consenter. Consenters include adult clients, clients 16 or 17 years of age, and clients 13-16 years of age admitting themselves for chemical dependency treatment under the provisions of the Family Code, sec.35.03. Consultant-An individual who is not an employee who provides services to the facility for compensation. Contract Provider -A legal entity with whom the facility has a written agreement for services. Counselor-A chemical dependency counselor. 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 on- going treatment for chemical dependency. Detoxification standing order-An order written by a physician which governs the delivery of detoxification services to specific clients by licensed staff. Direct care staff-Staff responsible for providing treatment, care, supervision, or other client services that involve a significant amount of face- to-face contact. Direct supervision (of counselor interns)-Supervision that meets the criteria listed in the commission's Chemical Dependency Counselor Licensure Rules. Discharge-The time when a client leaves a facility and will no longer be receiving chemical dependency treatment. Documentation-A written record that includes required content, date, and signature. Employee-An individual hired directly by the facility to provide services in exchange for money or other compensation. Ensure-Take all reasonable and necessary steps to achieve results. Experience-Direct participation in a similar job activity supervised by a qualified individual. Exploitation-An act or process to use, either directly or indirectly, the labor or resources of a client for monetary or personal benefit, profit, or gain of another individual or organization. FTE-Full Time Equivalent staff position requiring 40 hours per week. Facility-A legal entity with a single governing body, a single administration, and a single staff that provides chemical dependency treatment. Facility director -The individual authorized by the governing body to act on its behalf in the overall administration of the facility. Family Counseling -Counseling services provided to family members and significant others as part of a client's treatment program. Family counseling is limited to issues directly related to the client's chemical dependency, and may not address other problems and issues a family member may be experiencing. Governing body -The individual or individuals legally established to operate a facility. The governing authority has ultimate authority and responsibility for the facility's services and operations. Group counseling -A face-to-face interaction between two or more clients and a counselor to help clients identify, understand, and resolve issues and problems related to chemical dependency. HIV-Human Immunodeficiency Virus infection. ITC-An in-prison therapeutic community that is part of the state's criminal justice initiative. Immediate supervision -Being physically present while a task is being performed. Individual counseling -A face-to-face interaction between a client and a counselor to help a client identify, understand, and resolve issues and problems related to chemical dependency. Individual service day-A day on which a specific client receives services. Inform-To communicate through mail, by telephone or telecopier, by courier, or in person. Intake-The administrative process for gathering information about a prospective client and giving a prospective client information about the treatment facility and the facility's treatment and services. Intervention and assessment service-A service that offers assessment, counseling, evaluation, intervention, or referral services or makes treatment recommendations to an individual with respect to chemical dependency. License-A grant of authority to a facility to provide chemical dependency treatment in the state of Texas, which is issued by the commission under the Act. Licensed chemical dependency counselor (LCDC)-A counselor licensed by the Texas Commission on Alcohol and Drug Abuse. Licensed dietitian -An individual who is currently licensed or provisionally licensed by the Texas State Board of Examiners of Dietitians. Licensed marriage and family therapist (LMFT) -An individual who is currently licensed as a marriage and family counselor by the Texas State Board of Examiners of Marriage and Family Therapists. Licensed master social worker (LMSW)-An individual who is licensed as a master social worker by the Texas Department of Human Services. Licensed medical professional-A physician, physician assistant, registered nurse, or licensed vocational nurse as defined in these rules. Licensed professional counselor (LPC)-An individual licensed as a professional counselor by the Texas State Board of Examiners of Professional Counselors. Licensed vocational nurse (LVN)-A nurse licensed by the Texas State Board of Vocational Nurse Examiners. Mechanical restraint -Use of a physical device to control or restrict a person's physical movement or actions. Medical emergency -Physical symptoms requiring immediate medical attention, to prevent death or imminent harm. Medication-Any drug used to treat a condition or relieve symptoms, including prescription drugs and over-the-counter drugs. Medication error -Medication not given according to the written order. Includes duplicate doses, missed doses, and doses of the wrong amount or drug. Mental health referral service-A service that does not provide treatment directly but instead refers clients in need of mental health services to qualified providers. Mental health services-All services concerned with research, prevention, and detection of mental disorders and disabilities, and all services necessary to treat, care for, control, supervise, and rehabilitate persons who have a mental disorder or disability, including persons whose mental disorders or disabilities result from chemical dependency. Neglect-Actions resulting from inattention, disregard, carelessness, ignoring or omission of reasonable consideration that caused, or might have caused, physical or emotional injury to a client. Examples of neglect include, but are not limited to: (A) failure to provide adequate nutrition, clothing, or health care; (B) failure to provide a safe environment free from abuse; (C) failure to maintain adequate numbers of appropriately trained staff; (D) failure to establish or carry out an appropriate individualized treatment plan.; and (E) any other act or omission classified as neglect by the Texas Family Code, sec.34.012. Notify-Inform in writing. Offer-To make available. On call-Immediately available for telephone consultation. On duty-Scheduled and present at the site to perform job duties. Orders (written, verbal, or telephone)-Direct communication between a physician and licensed program staff in which the physician directs specific treatments. Person-An individual, firm, partnership, corporation, association, or other business or professional entity. Personal restraint -Physical contact to control or restrict a person's physical movement or actions. Personnel-Members of the governing body, employees, contract providers, consultants, agents, representatives, volunteers, and other individuals working on behalf of the facility through a formal or informal agreement. Physician-An individual licensed by the Texas State Board of Medical Examiners to practice medicine, or an individual employed by any agency of the United States who has a license to practice medicine in any other state of the United States. Physician assistant -An individual registered as a physician assistant by the Texas State Board of Medical Examiners. Policy-A statement of direction or guiding principle issued by the governing authority. Procedure-A set of step-by-step instructions. Program-A specific level of chemical dependency treatment delivered to a defined client population. Program Director -The individual who manages a chemical dependency treatment program. Provide-To perform or deliver. Psychiatric emergency -Symptoms requiring immediate psychiatric attention. Psychologist-An individual licensed as a psychologist by the Texas State Board of Examiners of Psychologists. Qualified credentialed counselor-An individual who is licensed by the state as a chemical dependency counselor (LCDC), professional counselor (LPC), master social worker (LMSW), marriage and family therapist (LMFT), psychologist, or physician, or who is a certified addictions registered nurse (CARN). LPCs, LMSWs, LMFTs, CARNs, psychologists, and physicians shall demonstrate two years of chemical dependency counseling experience. Qualified mental health referral service-A service that does not provide treatment directly but instead refers clients in need of chemical dependency treatment to qualified providers. A mental health referral service shall meet the statutory requirements of Texas Health and Safety Code, Title 2, Subtitle H, sec.164.007. Refer-Identify appropriate services and provide information needed to access them. Registered nurse (RN)-A professional nurse licensed by the Texas State Board of Nurse Examiners. Rehabilitation services -Services designed to maximize or restore a person's functional ability. Residential site -A site owned, leased, or operated by the facility where clients sleep overnight. Retaliate-Adverse actions taken to punish or discourage a person who reports a violation or cooperates with an investigation, inspection, or proceeding. Such actions include but are not limited to suspension or termination of employment, demotion, discharge, transfer, discipline, restriction of privileges, harassment, and discrimination. SAFPF-A substance abuse felony punishment facility that is part of the state's criminal justice initiative. Screening-Determining whether a client meets the program's admission criteria, based on the person's reason for admission, medical and chemical use history, and other needed information. Seclusion-The placement of a client alone in a room from which exit is prevented. Service day-A day during which the program provides scheduled services to any client. Sexual exploitation -A pattern, practice, or scheme of conduct that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. It may include sexual contact, a request for sexual contact, or a representation that sexual contact or exploitation is consistent with or part of treatment. Site-A single identifiable location owned, leased, or controlled by a facility where any element of chemical dependency treatment is offered or provided. Small family living environment-A single apartment unit, house, or similar residence designed for an average size family, with no more than four bedrooms. Solicit-To contact a person for the purpose of inducing them, directly or indirectly, to enter treatment or make a referral. Special treatment procedures-Personal restraint, mechanical restraint and seclusion. Staff-Individuals who provide services for the facility in exchange for money or other compensation, including employees, contract providers, and consultants. STDs-Sexually transmitted diseases. Stock prescription drugs-Prescription drugs which are packaged in the original manufacturer's container. Supportive services -Services designed to provide individuals with a stable living environment, such as meals, shelter, and access to peer support groups. TTC-A transitional treatment center that is part of the state's criminal justice initiative. Treatment level -The intensity of treatment provided by a program. Treatment protocol -Instructions for the delivery of treatment services to groups of clients by non-licensed and licensed staff. Treatment setting -The physical environment in which chemical dependency treatment takes place. Treatment settings may be residential or outpatient. Unethical conduct -Conduct prohibited by the ethical standards adopted by state or national professional organizations or by rules established by a profession's state licensing agency. Unit dose packaging -The ordered amount of a drug in a dosage form that is properly labeled and ready for administration to a particular patient by the prescribed route at the prescribed time. Unprofessional conduct -An act or omission that violates commonly accepted standards of behavior for individuals or organizations. Volunteer-An individual who provides services for the facility without compensation. Students are volunteers. Issued in Austin, Texas, on August 11, 1995. TRD-9510191 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Licensure Procedures 40 TAC sec.sec.148.21-148.27 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.21-148.27, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted 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 adopt rules and standards for licensure of chemical dependency treatment facilities. sec.148.21. Licensure Application. sec.148.22. Licensure Review. sec.148.23. Changes in Status. sec.148.24. Change in Ownership. sec.148.25. Licensure Renewal. sec.148.26. Licensure Fees. sec.148.27. Discontinuing Treatment. Issued in Austin, Texas, on August 10, 1995. TRD-9510044 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Licensure Sanctions 40 TAC sec.sec.148.41-148.46 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis sec.sec.148.41-148.46, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.41. Grounds for Sanctions. sec.148.42. Informal Hearing. sec.148.43. Appeals Hearing. sec.148.44. Administrative Penalties. sec.148.45. Informal Disposition. sec.148.46. Injunctions. Issued in Austin, Texas, on August 10, 1995. TRD-9510046 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Definitions 40 TAC sec.148.61 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.148.61, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeal is adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeal is adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.61. Definitions. Issued in Austin, Texas, on August 10, 1995. TRD-9510048 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Subchapter B. Facility Management Administration 40 TAC sec.sec.148.71-148.74 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.71-148.74, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.71. Governing Body and Facility Director. sec.148.72. Policies, Procedures, and Licensure Standards. sec.148.73. Standards of Conduct. sec.148.74. Required Facility Reports. Issued in Austin, Texas, on August 10, 1995. TRD-9510050 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 40 TAC sec.sec.148.71-148.75, 148.91-148.93, 148.111-148.117, 148. 131, 148.132 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.148.71-148.75, 148.91-148.93, 148.111-148.117, 148.131, and 148. 132, concerning chemical dependency facility management. The new sections are being adopted to establish minimum criteria for organizational structure and procedures, standards of conduct, referral practices, personnel and staff development, and safety. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted 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 adopt rules and standards for licensure of chemical dependency treatment facilities. sec.148.71. Governing Body. (a) The facility's governing body is legally responsible for the management, services, and operations of the program. The governing body shall: (1) have legal authority to operate in the State of Texas; (2) designate a facility director; (3) develop and maintain an organizational chart; (4) establish codes of conduct; (5) approve the program's description and policies; (6) set up and maintain effective systems for planning, budgeting, and managing all resources; (7) review and approve an annual budget; (8) ensure compliance with all applicable laws, rules, and commission requirements; (9) ensure professional and ethical operations; (10) review operations and services and take appropriate action as needed; and (11) know the facility's licensure status and ensure that problems are resolved. A member of the governing authority shall participate in the licensure review summary. (b) The governing body shall hold meetings at least quarterly and keep minutes that include: (1) date and time; (2) place; (3) participants; (4) quarterly review of financial statements; (5) monthly review of utilization reports; (6) summary of discussions; and (7) actions taken. sec.148.72. Facility Director.
                                The facility director is responsible for the day-to-day operations of the facility and is accountable to the facility's governing body. The facility director shall: (1) demonstrate competence in chemical dependency, financial and personnel management, and other areas needed to manage the facility effectively; (2) ensure compliance with applicable laws and rules: (3) ensure that all staff are competent and trained, and (4) maintain adequate financial records according to generally accepted accounting principles. Financial records shall include: (A) an annual budget; (B) records of income and expenditures, and (C) a written fee policy. sec.148.73. Policies, Procedures, and Licensure Rules. (a) The facility shall operate according to a written program description and policies and procedures that comply with licensure rules. (b) The program description shall include: (1) program purpose or mission statement; (2) services and how they are provided; and (3) description of the target population. (c) The governing body shall establish policies that comply with licensure rules, and the facility director shall use the policies to develop and implement all needed procedures. (d) The policy and procedures manual shall be current, well organized, and easily accessible to all staff at all times. (e) The facility shall tell staff about any changes to the policy and procedure manual that are relevant to their job duties and provide training as needed. sec.148.74. Standards of Conduct. (a) The facility and all of its personnel shall: (1) protect the health, safety, rights, and welfare of clients; (2) provide adequate services as described in the program description; (3) comply with all applicable laws, regulation, policies, and procedures; (4) maintain required licenses, permits, and credentials; and (5) comply with professional and ethical codes of conduct. (b) Neither the facility nor any of its personnel shall: (1) commit an illegal, unprofessional or unethical act; (2) assist or knowingly allow another person to commit an illegal, unprofessional, or unethical act; (3) knowingly provide false or misleading information; (4) omit significant information from required reports and records or interfere with their preservation; (5) retaliate against anyone who reports a violation or cooperates during a review, inspection, investigation, hearing, or other related activity; or (6) interfere with commission reviews, inspections, investigations, hearings, or related activities. This includes taking action to discourage or prevent someone else from cooperating with the activity. (c) Facility personnel shall report violations of laws, rules, and professional and ethical codes of conduct to the commission. The facility director or designee shall: (1) make a verbal report within 24 business hours of the time the facility becomes aware of the violation; and (2) send a written report if required by the commission. (d) The facility shall have written policies on staff conduct and reporting procedures that comply with this section. sec.148.75. Required Facility Reports. (a) The facility director shall report these incidents to the commission in writing within 72 hours of discovery: (1) fire and other natural disasters; (2) substantial disruption of program operation; and (3) death of an active client (on or off the program site). (b) The facility director shall report all incidents of alleged client abuse, neglect, and exploitation to the commission as described in sec.148.161 of this title (relating to Client Abuse, Neglect, and Exploitation). (c) The facility shall submit required financial and utilization data as requested by the Texas Department of Health. sec.148.91. Compensation Based on Indicators of Client Revenue. (a) The facility shall not compensate or evaluate personnel based on indicators of client revenue. (b) The facility shall not accept, permit, or provide compensation for referrals or other indicators of client revenue. (c) Compensation includes: (1) initial or continued employment; (2) promotion, advancement, or privileges; (3) pay; (4) anything of value; and (5) any other form of benefit or consideration. (d) Indicators of client revenue include: (1) referrals; (2) admissions; (3) contacts made to solicit clients; and (4) determinations made regarding length of stay. sec.148.92. Advertising and Billing. (a) A facility shall not advertise or purport to offer any level of chemical dependency treatment unless it holds the required license. (b) A facility shall not engage in false, misleading, or deceptive advertising. This includes making unsubstantiated claims, promises of cure, or guarantees of treatment results. (c) The facility shall not advertise intervention and assessment services unless the services are available and provided by qualified chemical dependency counselors. (d) The facility shall not represent that a referral service is qualified unless it complies with all the standards found in the Texas Health and Safety Code, Title 2, Subtitle H, Chapter 164 (relating to Qualified Referral Services). (e) The facility shall not charge for undelivered services unless: (1) the facility offers a scheduled service described in the client's treatment plan; (2) the client doesn't show up or refuses to participate; and (3) the facility has documentation that the client was informed of this billing policy in writing at the time of admission. sec.148.93. Solicitation and Referral. (This section does not apply to Community Mental Health Centers established under the Texas Health and Safety Code, Title 7, Subtitle A, Chapter 534.) (1) The facility shall comply with all statutes and regulations governing solicitation and referral, including those found in the Texas Health and Safety Code, Title 2, Subtitle H, Chapter 164. (2) The facility shall not illegally or unfairly solicit or refer clients and shall not allow others to do so on its behalf. (3) The facility shall not solicit referrals without proper disclosure and consent. (4) The facility shall not own, operate, manage, control, or enter into a relationship with an intervention and assessment service that makes referrals to a treatment facility for inpatient treatment of mental illness or chemical dependency unless the intervention and assessment service meets all requirements listed in the Texas Health and Safety Code, Title 2, Subtitle H, Chapter 164. (5) The facility shall have a written policy and procedures that prohibit illegal or unfair solicitation and referral. sec.148.111. Organizational Structure. (a) The facility shall have a current organizational chart and document the current number of FTE's for each position. (b) Each staff and volunteer position shall have a written job description which describes in specific terms: (1) duties and responsibilities; and (2) minimum qualifications, including the level of education, training, or related work experience required. (c) The facility shall have written agreements with persons who provide chemical dependency services to the facility on a regular basis. This includes all persons who provide services that are required by the licensure rules. sec.148.112. Hiring Practices. (a) The facility shall hire applicants who meet the minimum qualifications listed in the job description. (b) The application or resume shall document required education, training, and related work experience. (c) Facility staff shall verify the current status of all required credentials with the credentialing authority by phone or letter. (d) The facility shall develop and implement screening procedures for all personnel with access to clients. Screening shall be appropriate for each person's level of access and shall adequately protect clients. (e) The facility shall comply with all applicable laws, including the Texas Civil Practice and Remedies Code, Title 4, Chapter 8, sec.81.003, which relates to employment screening. sec.148.113. Initial Training. (a) All employees shall complete initial training before working without immediate supervision. (b) The initial training shall include discussion of licensure rules relating to: (1) client rights; (2) client grievance procedures; (3) confidentiality of client-identifying information; (4) client abuse, neglect, and exploitation; (5) requirements for reporting abuse, neglect, and other serious incidents; (6) standards of conduct; (7) emergency and evacuation procedures; and (8) the individual's specific job duties. (c) All other staff shall receive orientation on these topics appropriate to their qualifications and responsibilities. sec.148.114. Special Training Requirements. (a) The facility shall ensure that staff are adequately trained and competent to perform job duties. (b) Staff shall have all required training before performing job duties independently. (c) The facility shall annually provide at least eight hours of approved training in abuse, neglect, exploitation, illegal, unprofessional, and unethical conduct. This training shall comply with the interagency agreement on abuse training. (d) All staff and volunteers shall complete HIV training based on the AIDS/HIV Model Workplace Guidelines for direct service providers established by the Texas Department of Health. (e) All employees shall complete training on tuberculosis and sexually transmitted diseases that includes information on: (1) high-risk populations, (2) symptoms; (3) containment; (4) standard testing and treatment procedures; (5) available resources; and (6) appropriate referral. (f) All direct care staff shall have current certification in first aid and CPR. (1) Personnel in licensed medical facilities are exempt if emergency resuscitation equipment and trained response teams are available 24 hours a day. (2) Licensed medical physicians, registered nurses, licensed vocational nurses, physician assistants, and advanced nurse practitioners are also exempt. (g) All direct care staff shall have training and competency in nonviolent crisis intervention. (1) The instructor shall have successfully completed a course for crisis intervention instructors or have equivalent training and experience. (2) The training shall teach staff how to use verbal and other non-physical methods for prevention, early intervention, and crisis management. (h) All direct care employees working in programs that use special treatment procedures shall have training and competency in the safe methods of the specific procedures used. (i) The program shall implement procedures to ensure that all staff providing chemical dependency education consistently deliver the required information. (j) All staff providing chemical dependency counseling shall demonstrate competency in the facility's treatment modalities before working without immediate supervision. (k) All staff who conduct intakes or screenings shall complete eight hours of training in the program's intake and screening procedures annually. Staff may not conduct screening or intake unless training is complete and current. (l) All direct care staff working in detoxification programs shall complete detoxification training which shall: (1) be provided by a physician, physician assistant, advanced nurse practitioner, or registered nurse with at least one year of documented experience in detoxification; (2) include: (A) signs of withdrawal; (B) observation and monitoring procedures; (C) appropriate intervention; and (D) complications requiring transfer. (m) All staff responsible for supervising clients in self-administration of medication who are not credentialed to administer medication shall complete documented training from a physician, pharmacist, physician assistant, or registered nurse before performing this task. The training shall include: (1) prescription labels; (2) medical abbreviations; (3) routes of administration; (4) use of drug reference materials; (5) storage, maintenance, handling, and destruction of medication; (6) documentation requirements; and (7) procedures for medication errors, adverse reactions, and side effects. (n) Counselor interns shall have at least 30 hours of continuing education each year. sec.148.115. Volunteers and Students. (a) The facility shall ensure that volunteers comply with standards of performance and conduct. (b) Each volunteer shall have a job description or written agreement. (c) Volunteers shall be appropriate and qualified to perform assigned duties. (d) Volunteers shall receive orientation and training appropriate to their qualifications and responsibilities. (e) Volunteers shall be appropriately supervised by staff. Direct care volunteers who do not have certification in CPR and first aid shall have immediate supervision from certified staff. sec.148.116. Personnel Files and Training Records. (a) The facility shall ensure that staff are adequately qualified, trained, and supervised to perform assigned duties. (b) The facility shall maintain a current personnel file on each employee that includes, as applicable: (1) job description; (2) application or resume; (3) verification of current credentials; (4) documentation of appropriate screening; (5) signed documentation of required training; (6) written supervisory approval to provide treatment services independently; (7) records of direct supervision for all counselor interns; (8) annual performance evaluations; and (9) records of any disciplinary actions. (c) Documentation for in-service training shall include: (1) date; (2) number of hours; (3) content; (4) instructor's name and qualifications; (5) signature of the instructor (or equivalent verification); and (6) signature of the person completing the training. (d) Personnel files shall be kept for at least two years after the individual stops working at the facility. sec.148.117. Basic Staffing Requirements. (a) The facility shall provide enough qualified staff to comply with licensure rules, provide the services described in the program description, and protect the health, safety, and welfare of clients. (b) Individuals responsible for planning, directing implementation of, or supervising the facility's treatment services shall be qualified credentialed counselors. (c) Chemical dependency education shall be taught by chemical dependency counselors or people who have the education and experience needed to teach the material, including knowledge of chemical dependency and its relationship to the topic. (d) Chemical dependency counseling shall be provided by chemical dependency counselors. (e) All chemical dependency counselor interns shall work under the direct supervision of a qualified credential counselor. (1) The qualified credential counselor may not supervise more than five interns. (2) The facility shall adjust the supervisor's direct treatment responsibilities to allow enough time for supervision. (f) Counselors providing group or individual counseling focused on trauma, abuse, or sexual issues shall have specialized education and training which is defined in writing by the program. (g) One or more direct care staff trained in first aid, CPR, and non-violent crisis intervention shall be on duty at all times that the program is in operation. (h) Staff included in staff-to-client ratios shall not have job duties that interfere with effective client supervision. (i) The facility shall not allow its clients to serve as staff. (j) The facility shall ensure that personnel do not endanger the health, safety or well-being of clients and do not use mood-altering substances which interfere with their job performance. sec.148.131. General Environment. (a) The facility shall provide a safe, secure, and well-maintained environment. (b) The environment shall enhance client dignity and confidentiality. (c) The facility shall have adequate space, furniture, and supplies for the services described in the program description. (d) The facility shall have private counseling space. Staff shall not office in space needed for other activities. The facility shall prevent sales and use of tobacco products on its site. sec.148.132. Emergency Evacuation.
                                  The facility shall respond effectively during a fire or other emergency. Every program shall: (1) have emergency evacuation procedures that include provisions for the handicapped; (2) hold fire drills on each shift at least quarterly and correct identified problems promptly; (3) be able to clear the building safely and promptly at all times; (4) post exit diagrams conspicuously throughout the program site; (5) post emergency numbers by all phones; (6) have adequate first aid supplies which are visible or well labeled and easy to access at all times; and (7) prohibit firearms and double-edged, fixed-blade knives on the property and immediately remove any that are found. Issued in Austin, Texas, on August 11, 1995. TRD-9510193 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Referral 40 TAC sec.sec.148.91-148.93 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.91-148.93, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.91. Compensation Based on Indicators of Client Revenue. sec.148.92. Advertising and Billing. sec.148.93. Solicitation and Referral. Issued in Austin, Texas, on August 10, 1995. TRD-9510052 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Personnel and Staff Development 40 TAC sec.sec.148.111-148.117 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.111-148.117, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.111. Organizational Structure. sec.148.112. Hiring Practices. sec.148.113. Initial Training. sec.148.114. Special Training Requirements. sec.148.115. Volunteers and Students. sec.148.116. Personnel Files and Training Records. sec.148.117. Basic Staffing Requirements. Issued in Austin, Texas, on August 10, 1995. TRD-9510054 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Safety 40 TAC sec.148.131, sec.148.132 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.148.131 and sec.148.132, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.131. General Environment. sec.148.132. Emergency Evacuation. Issued in Austin, Texas, on August 10, 1995. TRD-9510056 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Subchapter C. Client Management Client Rights 40 TAC sec.sec.148.141-148.146 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.141-148.146, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.141. Required Postings. sec.148.142. Client Bill of Rights. sec.148.143. Bill of Rights for Involuntary Clients. sec.148.144. Client Grievance Procedure. sec.148.145. Responding to Client Grievances. sec.148.146. Court Commitment During Voluntary Treatment. Issued in Austin, Texas, on August 10, 1995. TRD-9510058 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Abuse, Neglect, and Exploitation 40 TAC sec.sec.148.161-148.163, 148.165 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.161-148.163 and 148.165, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.161. Client Abuse, Neglect, and Exploitation. sec.148.162. Behavior Management. sec.148.163. Client Labor. sec.148.165. Investigations. Issued in Austin, Texas, on August 10, 1995. TRD-9510060 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Client Information 40 TAC sec.sec.148.171-148.173 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.171-148.173, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.171. Client Record Security. sec.148.172. General Documentation Requirements. sec.148.173. Release of Confidential Information. Issued in Austin, Texas, on August 10, 1995. TRD-9510062 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Crisis Management 40 TAC sec.sec.148.181-148.185 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.181-148.185, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.181. Significant Incident Reports. sec.148.182. Responding to Emergencies. sec.148.183. Special Treatment Procedures. sec.148.184. Documenting Special Treatment Procedures. sec.148.185. Adolescents Absent Without Permission. Issued in Austin, Texas, on August 10, 1995. TRD-9510064 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Subchapter D. Program Services General Program Services Provisions 40 TAC sec.148.201, sec.148.202 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.148.201 and sec.148.202, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.201. General Information. sec.148.202. Services Required In All Programs. Issued in Austin, Texas, on August 10, 1995. TRD-9510066 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Treatment Levels TAC 40 TAC sec.sec.148.211-148.214 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.211-148.214, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.211. Level I Treatment. sec.148.212. Level II Treatment. sec.148.213. Level III Treatment. sec.148.214. Level IV Treatment. Issued in Austin, Texas, on August 10, 1995. TRD-9510068 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Special Provisions 40 TAC sec.sec.148.231-148.235 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.231-148.235, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.231. Adolescents. sec.148.232. Parents and Their Dependent Children. sec.148.233. Children's Services. sec.148.234. Correctional Facilities. sec.148.235. Pharmacotherapy Programs. Issued in Austin, Texas, on August 10, 1995. TRD-9510070 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Food and Nutrition 40 TAC sec.sec.148.251-148.254 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.251-148.254, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.251. Meals in Outpatient Programs. sec.148.252. Meals in Residential Programs. sec.148.253. Meals Prepared by Clients. sec.148.254. Meals Provided by a Food Service. Issued in Austin, Texas, on August 10, 1995. TRD-9510072 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Medication 40 TAC sec.sec.148.261-148.268 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.261-148.268, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.261. General Provisions for Medication. sec.148.262. Medication Storage. sec.148.263. Medication Inventory. sec.149.264. Disposing of Medication. sec.148.265. Staff Qualifications and Training. sec.148.266. Authorization for Medication. sec.148.267. Administration of Prescription Medication. sec.148.268. Self-Administration of Medication. Issued in Austin, Texas, on August 10, 1995. TRD-9510073 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Subchapter E. Treatment Process Admission 40 TAC sec.sec.148.281-148.284 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.281-148.284, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.281. Admission. sec.148.282. Screening. sec.148.283. Intake and Consent to Treatment. sec.148.284. Client Orientation. Issued in Austin, Texas, on August 10, 1995. TRD-9510075 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Stabilization Process (Level I) 40 TAC sec.sec.148.291-148.293 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.291-148.293, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.291. Stabilization History. sec.148.292. Stabilization Plan. sec.148.293. Stabilization Notes. Issued in Austin, Texas, on August 10, 1995. TRD-9510078 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Primary and Transitional Treatment Process (Level II, III, and IV) 40 TAC sec.sec.148.301-148.304 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.301-148.304, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.301. Psychosocial History. sec.148.302. Treatment Plan. sec.148.303. Progress Notes. sec.148.304. Treatment Plan Reviews. Issued in Austin, Texas, on August 10, 1995. TRD-9510080 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Discharge 40 TAC sec.sec.148.321-148.325 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.321-148.325, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.321. Discharge Criteria. sec.148.322. Discharge Plan. sec.148.323. Discharge Summary. sec.148.324. Discharge Follow-Up. sec.148.325. Request for Discharge. Issued in Austin, Texas, on August 10, 1995. TRD-9510082 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Subchapter F. Physical Plant General Physical Plant Provisions 40 TAC sec.148.341 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.148.341, concerning facility licensure standards. This rule is being repealed to allow emergency adoption of a revised version. The repeal is adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeal is adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.341. General Physical Plant Provisions. Issued in Austin, Texas, on August 10, 1995. TRD-9510084 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Subchapter F. Physical Plant 40 TAC sec.sec.148.341, 148.351-148.359, 148.371, 148.372 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.148.341, 148.351-148.359, 148.371, and 148.372, concerning physical plant requirements for licensed chemical dependency facilities. The new sections are being adopted to describe requirements for the physical plants of residential treatment facilities, including inspections, space; exits; fire systems; furniture and supplies; lighting; plumbing; sanitation; ventilation, small family living environments, and additional requirements for facilities housing children. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections 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. sec.148.341. General Physical Plant Provisions. (a) All programs shall comply with the following rules. (1) The entire facility, including grounds, buildings, furniture, appliances, and equipment, shall be structurally sound, in good repair, clean, and free from health and safety hazards. (2) Each program site shall pass an annual fire marshal inspection and comply with all applicable laws, codes, and ordinances. (3) Mobile homes shall not be used for client sleeping areas. (b) The commission's executive director may waive routine physical plant inspections for programs located in facilities licensed by another state agency, provided the commission has determined that the license requires an equivalent level of safety. The commission reserves the right to monitor compliance and require corrective action. (c) An outpatient program which offers optional housing to clients shall comply with all rules in sec.148.371 of this title (relating to Small Family Living Environments). (1) The facility is responsible for the selection, inspection, approval, and monitoring of these units regarding building safety, maintenance, repair, fire safety, and sanitation, including all required inspections and approvals. (2) These units shall not be individually licensed by the commission, but shall be subject to inspection and corrective action. (3) The commission reserves the right to prohibit use of a small family living environment if it determines the housing arrangement jeopardizes the health, safety, and welfare of clients. sec.148.351. Required Inspections. (a) The facility shall pass all required inspections and keep a current file of reports and other documentation needed to demonstrate compliance with applicable laws and regulations. The following inspections are required: (1) annual fire marshal inspection; (2) annual inspection of the alarm system by the fire marshal or an inspector authorized to install and inspect such systems; (3) quarterly fire alarm system test by facility staff; (4) annual kitchen inspection as specified in the Texas Health and Safety Code, Title 6, Subtitle A, Chapter 431; (5) gas pipe pressure test once every three years by the local gas company or a licensed plumber; (6) annual inspection and maintenance of fire extinguishers by personnel licensed or certified to perform those duties; and (7) regular inspections of elevators as required by the Safety Code for Elevators and Escalators. (b) The program shall keep the following information on file: (1) certificate of occupancy as required by local authorities; (2) documentation that the water supply is from a system approved by the Department of Health or a system regulated by the local authority; (3) documentation that the sewage system is connected to a system approved by the Department of Health or a system regulated by the local authority; (4) documentation that the program site complies with national or local electrical codes; (5) a fire alarm installation certificate; and (6) documentation that the liquefied petroleum supply has been inspected and approved by the Texas Railroad Commission, if applicable. sec.148.352. Space Requirements. (a) The facility shall have areas for leisure and dining with adequate space for the number of residents. (b) Sleeping areas shall have at least: (1) 80 usable square feet per person in single-occupancy rooms; and (2) 60 usable square feet per person in multiple-occupancy rooms (or 50 square feet per person if bunk beds are used). Bunk beds shall not be used in Level I programs. (c) Sleeping areas shall have doors for privacy. (d) The facility shall provide adequate personal storage space for each client, including space for hanging clothes. (e) The program shall make at least one phone available to clients. sec.148.353. Exits. (a) Exit doors and routes shall be well lit and free from obstruction at all times. (b) There shall be an illuminated "EXIT" sign over each exit. Where the exit is not visible, there shall be an illuminated "EXIT" sign with an arrow pointing the way. (c) Rooms for 50 or more people shall have exit doors that swing out. (d) No door may require a key for emergency exit. Locked facilities shall have emergency exit door releases as described in the Life Safety Code and approved by the fire marshal. (e) Every building shall have at least two exits that are well separated. (f) Every multiple-story building shall have at least two fire escapes (not ladders) on each story that are well separated. Fire escapes shall: (1) be made of non-combustible material; (2) have sturdy handrails or walls on both sides; and (3) provide a safe path to the ground. (g) Stairs and ramps shall be permanent and have non-slip surfaces. (h) Exit routes higher than 30 inches (such as stairs, ramps, balconies, landings, and porches) shall have full-length side guards. sec.148.354. Fire Systems. (a) A fire detection, alarm, and communication system required for life safety shall be installed, tested, and maintained in accordance with the facility's occupancy and capacity classifications. (b) Electrical fire alarm systems shall be installed by agents registered with the State Fire Marshal's office. (c) Alarms shall be loud enough to be heard above normal noise levels. (d) Fire extinguishers shall be mounted throughout the facility as required by code and approved by the fire marshal. (1) Each laundry and walk-in mechanical room shall have at least one portable A:B:C extinguisher, and each kitchen shall have at least one B:C fire extinguisher. (2) Each extinguisher shall have the required maintenance service tag attached. (e) Staff shall conduct quarterly inspections of fire extinguishers for proper location, obvious physical damage, and a full charge on the gauge. sec.148.355. Furniture and Supplies. (a) Each client shall have a separate bed of solid construction with a mattress. (b) Each bed shall have a pillow and clean linens, including two sheets, a pillowcase, and a blanket, or bedspread. Additional blankets shall be available in cold weather. (c) The facility shall provide an adequate supply of basic items for grooming and personal hygiene, including clean towels. (d) Personal appliances shall be in good working order and inspected for safety hazards. (e) All clients shall have access to laundry facilities or services. (f) Trash containers shall be made of metal or United Laboratories-approved plastic. Trash containers in kitchens and dining areas shall be covered. sec.148.356. Lighting. (a) The facility shall have adequate lighting to provide a safe environment and meet user needs. (b) Lighting shall be provided outside the building and in parking lots. (c) Bedrooms shall have windows with appropriate coverings for privacy. (d) Light bulbs shall have wire guards or other shields. sec.148.357. Plumbing. (a) There shall be at least one sink, one tub or shower, and one toilet for every eight residents. (b) The facility shall provide an adequate supply of hot water for the number of residents and the program schedule. (c) Showers and tubs shall have no-slip surfaces and curtains or other safe enclosures. (d) Clean drinking water shall be readily available to all residents. sec.148.358. Sanitation. (a) Food and waste shall be stored, handled, and removed in a way that will not spread disease, cause odors, or provide a breeding place for pests. (b) If there is evidence of pests, the facility shall contract for pest control. (c) Poisonous, toxic, and flammable materials shall be labeled, stored, and used safely. (d) Domestic animals shall be: (1) properly vaccinated; and (2) managed in a way consistent with the goals of the program and the needs of the clients, including those with allergies. sec.148.359. Ventilation. (a) The facility shall not use floor furnaces, unvented space heaters, or portable heating units. (b) Occupied parts of the building shall be kept between 65 degrees and 85 degrees Fahrenheit, including kitchens and laundry areas. (c) The entire facility shall be adequately ventilated with fresh air. Windows used regularly for ventilation shall be screened. sec.148.371. Small Family Living Environments. (a) A small family living environment is a single apartment unit, house, or similar residence (housing no more than six people) which is available to adult clients participating in an outpatient program. Small family living environments shall be permitted only under the circumstances as follows. (1) Housing arrangements are offered as an option to outpatient clients needing temporary living arrangements in order to access services. (2) Clients using the housing are adults. (3) Use of the housing is completely voluntary; it is neither required nor implied as a condition of participation. (4) Clients using the housing are not discriminated against or given preference over other clients, either in admissions or services. (5) Housing is used by no more than 25% of the clients in a program. (b) A facility shall meet all residential physical plant rules in sec.sec.148.351-148.359 of this title (relating to Required Inspections, Space Requirements, Exits, Fire Systems, Furniture and Supplies, Lighting, Plumbing, Sanitation, and Ventilation) if: (1) clients are required to live in the housing as a condition of receiving treatment services, or (2) more than 25% of the clients in an outpatient program live in the optional housing. (c) Each client who lives in a small family living environment shall sign a consent before admission that includes the following provisions. (1) Housing is offered as an option and is not required as a condition for participation in the program. (2) Use of the housing is completely voluntary. (3) Clients using the housing are not discriminated against or given preference over other program participants, either in admissions or services. (4) The housing units are not licensed facilities and do not meet the health and safety standards required in residential facilities. (5) The facility is responsible for the selection, inspection, approval, and monitoring of these units regarding building safety, maintenance, repair, fire safety, and sanitation, including all required inspections and approvals. (6) Clients may leave the housing at any time without affecting their treatment services. (d) If the unit is owned or operated by another entity, the facility shall have a written agreement that defines responsibilities and addresses: (1) finances; (2) maintenance; and (3) client confidentiality. (e) Each unit shall meet applicable state laws and local codes and ordinances. (f) Buildings shall be inspected and approved annually by the fire marshal as required. (g) Each unit shall have at least one working, portable A:B:C fire extinguisher for the living area and one B:C fire extinguisher for the kitchen. Fire extinguishers shall be approved by the Underwriter Laboratories or the fire marshal. (h) Each unit shall have at least one working smoke detector approved by the Underwriter Laboratories or the fire marshal. (i) Doors shall not require a key for exit from the inside. (j) Buildings and grounds shall be structurally sound, in good repair, and clean. (k) The residence shall be maintained in a sanitary condition. (l) All plumbing, equipment, and appliances shall be maintained in good working condition. (m) Clients shall be able to keep the temperature between 65 degrees and 85 degrees Fahrenheit. (n) There shall be at least 40 square feet per client in multiple-occupant bedrooms and at least 80 square feet per client in single-occupant bedrooms. (o) In multiple-occupant residences, bedrooms shall have doors for privacy. (p) The residence shall have a bathroom with a sink, a toilet, and a tub or shower with an adequate supply of hot water. (q) The residence shall have cooking facilities that include a sink with hot water, a stove, and a refrigerator. (r) Lighting shall be sufficient to meet the needs of clients. (s) The residence shall be appropriately furnished and have an atmosphere that preserves client dignity and confidentiality. (t) Each client shall have a separate bed with a solid frame and mattress. (u) The residence shall have adequate closet and drawer space for each client to store clothes and personal property. (v) Clients shall have access to private or public laundry facilities. (w) The facility shall inspect the residence at least quarterly to monitor compliance with these rules and correct identified problems. sec.148.372. Additional Physical Plant Requirements for Children. (a) The building shall provide a safe and sanitary environment appropriate for children. (b) Rooms and buildings shall have at least 30 usable square feet of indoor activity space per child when occupied by children. (c) Where children share sleeping space with parents, bedrooms shall have at least 30 usable square feet per infant (in cribs) and 40 usable square feet per child. (d) Nurseries shall have 35 usable square feet per crib. (e) Heating equipment shall be cool enough to touch safely. (f) Heavy furniture and equipment shall be securely installed to prevent tipping or collapsing. (g) Electrical outlets accessible to children shall have child-proof covers or safety devices. (h) Air conditioners, fans, and heating units shall be mounted out of children's reach or have safety guards. (i) Grounds shall be kept free of standing water and sharp objects. (j) Tap water shall be no hotter than 110 degrees Fahrenheit. (k) Items potentially dangerous for children shall be stored safely. (l) Areas that are more than two feet above ground level (such as stairs, porches, and platforms) shall have railings that children can reach. (m) Tanks, ditches, sewer pipes, dangerous machinery, and other hazards shall be fenced. (n) The program site shall have adequate outdoor play space with a safe route of access. (o) Outdoor play areas shall be enclosed by a fence at least 4 feet high if: (1) the play area is located close to a road, pool, deep ditch, or other hazard; or (2) there are more than six children in the group. (p) Outdoor play equipment shall be in a safe location and securely anchored (unless portable by design). (q) Buildings, furniture, and equipment shall not have openings or angles that could trap or injure a child's head. (r) Swing seats shall be durable, lightweight, and relatively pliable. Issued in Austin, Texas, on August 11, 1995. TRD-9510201 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Residential Physical Plant Requirements 40 TAC sec.sec.148.351-148.359 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.148.351-148.359, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.351. Required Inspections. sec.148.352. Space Requirements. sec.148.353. Exits. sec.148.354. Fire Systems. sec.148.355. Furniture and Supplies. sec.148.356. Lighting. sec.148.357. Plumbing. sec.148.358. Sanitation. sec.148.359. Ventilation. Issued in Austin, Texas, on August 10, 1995. TRD-9510086 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Special Physical Plant Requirements 40 TAC sec.148.371, sec.148.372 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal sec.148.371 and sec.148.372, concerning facility licensure standards. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under Health and Safety Code, Title 6, Subtitle B, 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. sec.148.371. Small Family-Living Environment. sec.148.372. Additional Physical Plant Requirements for Children. Issued in Austin, Texas, on August 10, 1995. TRD-9510088 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 149. Court Commitments and Related Procedures Subchapter A. Court Commitments 40 TAC sec.sec.149.11-149.16, 149.21, 149.22, 149.31-149.33, 149. 54 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.149.11-149.16, 149.21, 149.22, 149.31-149.33, and 149.54, concerning chemical dependency court commitments. The new sections are being adopted to establish minimum requirements for facilities accepting court commitments, including staff training, documentation; procedures for client admission under emergency detention and orders of protective custody; and special rights for clients under emergency detention and orders of protective custody. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted under the Texas Health and Safety Code, Title 6, Subtitle B, 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. sec.149.11. Authority. Texas Health and Safety Code, Title 6, Subtitle B, Chapter 462, gives the commission authority to establish rules and criteria for facilities accepting chemical dependency clients under emergency detention or order of protective custody. sec.149.12. Approval. Before accepting chemical dependency clients under emergency detention or order of protective custody, a facility shall obtain written approval from the Texas Commission on Alcohol and Drug Abuse (TCADA). To receive approval, the facility shall: (1) submit a written application; (2) pay a $100 application fee; and (3) demonstrate compliance with the rules in this subchapter. sec.149.13. Licensure. (a) The facility shall be licensed to provide chemical dependency treatment by: (1) the Texas Commission on Alcohol and Drug Abuse; or (2) the Texas Department of Health. (b) Facilities licensed by the commission shall be licensed to provide the appropriate level of service: (1) emergency detention: Level I or Level II residential services; (2) adult inpatient involuntary civil or criminal commitments: Level II or Level III residential services for adults; (3) adult outpatient involuntary civil or criminal commitments: Level II or Level III outpatient services; (4) juvenile inpatient commitments: Level II residential services for adolescents; (5) juvenile outpatient commitments: Level II or Level III outpatient services for adolescents; (c) Facilities licensed by the Texas Department of Health shall provide services equivalent to those specified in subsection (b) of this section, as determined by the commission. sec.149.14. Training. (a) The program shall provide training for at least two designated staff to ensure they understand and comply with court commitment status (CCS) statutes, regulations, and procedures. (b) All court commitment status staff and volunteers providing direct client services shall receive training in Prevention and Management of Aggressive Behavior (PMAB). This training shall be documented in personnel files. sec.149.15. General Procedures. (a) The 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) Code of Federal Regulations, Title 42, Part 2, Confidentiality of Alcohol and Drug Abuse Patient Records; and (2) Texas Health and Safety Code, Title 6, Subtitle B, Chapter 462. (b) The facility shall have a procedure for reporting unauthorized departures to the referring courts. Verbal report shall be made immediately, with written confirmation within 24 hours. sec.149.16. Documentation. (a) In addition to the documentation requirements set out in the Texas Commission on Alcohol and Drug Abuse Licensure Standards, the provider shall document as a part of the client's record the conditions and/or behaviors that caused the client's entry into the civil court commitment process. (b) The client record shall also contain copies of the following documents: (1) order of detention (if applicable); (2) application for court ordered treatment; (3) two certificates of medical exam; (4) order of protective custody; (5) notification of probable cause hearing; (6) waiver of attendance at hearing (if applicable); (7) finding of probable cause hearing; (8) order of commitment or writ of commitment; and (9) transfer order (if applicable). (c) Services shall be provided according to provisions in the current version of the commission's Provider Manual. sec.149.21. Admissions: Chemical Dependency Emergency Detention. (a) Detention without warrant. A person who is brought to a treatment facility after being apprehended without a warrant by a peace officer under Texas Health and Safety Code, Title 6, Subtitle B, Chapter 462 shall be given a preliminary examination by a physician as soon as possible within 24 hours of the time of apprehension. (1) If the examining physician determines that emergency detention is necessary, the physician shall prepare a written opinion which states: (A) the person is chemically dependent; (B) the person evidences a substantial risk of serious harm to self or others; (C) the risk of harm is imminent unless the person is immediately restrained; and (D) necessary restraint cannot be accomplished without emergency detention. (2) If the examining physician determines there is no reason for emergency detention, the person shall be released. If the person is not arrested and does not object, arrangements shall be made for immediate transportation, at the expense of the county in which the person was apprehended, to: (A) the location in which the person was apprehended; (B) the person's place of residence in Texas; or (C) another suitable location. (b) Detention with warrant. A person who is brought under a magistrate order for emergency apprehension and detention to a treatment facility under Texas Health and Safety Code, Title 6, Subtitle B, Chapter 462, shall be given a preliminary examination by a physician as soon as possible within 24 hours of the time of apprehension. Copies of the application for warrant and the warrant itself shall be transmitted to the treatment facility. (1) If the examining physician determines that emergency detention is necessary, the physician or designee shall prepare a written opinion which states: (A) the person is chemically dependent; (B) the person evidences a substantial risk of serious harm to self or others; (C) the risk of harm is imminent unless the person is immediately restrained; and (D) necessary restraint cannot be accomplished without emergency detention. (2) If the examining physician determines there is no reason for emergency detention, the person shall be released. If the person is not arrested and does not object, arrangements shall be made for reasonable prompt return to the location at which the person was apprehended, the person's place of residence, if in Texas, or another suitable location. (3) If the 24-hour period following presentation at the treatment facility of a person apprehended under Texas Health and Safety Code, Title 6, Subtitle B, Chapter 462, ends on a Saturday or Sunday, or a legal holiday, the period of detention shall end at 4:00 p.m. on the first succeeding business day. If extremely hazardous weather conditions exist or a disaster occurs, the presiding judge or magistrate may by written order made each day extend by an additional 24 hours the period during which the person may be detained. The written order shall declare an emergency exists because of the weather or the occurrence of a disaster. (c) Release from emergency detention. If the head of a facility or designee determines at any time during the emergency detention that the criteria in of the Texas Health and Safety Code, Title 6, Subtitle B, sec.462. 043(b) no longer apply, the person shall be released. Arrangements shall be made for the person's return to the location of the apprehension, the person's place of residence or other suitable place, unless the person is arrested or objects to the return. (d) Rights of a person admitted for emergency detention. A person admitted for emergency detention shall be advised within 24 hours of admission, orally and in writing, in simple, non-technical terms, of the following rights as referenced in sec.149.22 of this title (relating to Rights of Persons Apprehended for Emergency Detention for Inpatient Chemical Dependency Services) . (1) to be advised of the location of detention, the reasons for detention, and the fact that detention could result in a longer period of involuntary commitment; (2) to contact an attorney of the person's own choosing with a reasonable opportunity to contact that attorney; (3) to be transported back to the location of the apprehension, the person's place of residence or other suitable place, if not admitted for emergency detention, unless the person is arrested or objects to the return; (4) to be released if the head of the facility determines that any of the four criteria for emergency detention set out in the Texas Health and Safety Code, Title 6, Subtitle B, s462.043(b) no longer apply; and (5) to be advised that the person's communications with a treatment professional may be used in proceedings for further detention. (e) Information about rights to be supplied upon admission. A person admitted for treatment under subsection (a) or (b) of this section shall be advised immediately, orally and in writing, in simple, non-technical terms, of the following information. (1) The person may be detained for treatment for not more than 24 hours after the hour of the initial detention unless an order for further detention is obtained. (2) If the head of the facility finds that the criteria for emergency detention as described in of the Texas Health and Safety Code, Title 6, Subtitle B, sec.462.043, no longer apply, the person will be released. (3) No later than the 24th hour after the hour of initial detention, the head of the facility may file a petition to have the person committed for court- ordered treatment under of the Texas Health and Safety Code, Title 6, Subtitle B, sec.462.062. (4) If a petition for court-ordered treatment is filed, the person is entitled to a probable cause hearing not later than the 72nd hour after the hour on which detention begins under an order of protective custody to determine whether the person should remain in the facility. (5) If an application for court-ordered services is filed, the person has a right to have counsel if the person does not have an attorney. (6) The person has the right to communicate with counsel at any reasonable time and to have assistance in contacting the counsel. (7) Anything the person says to personnel of the treatment facility may be used in making a determination relating to detention, may result in the filing of a petition for court-ordered treatment, and may be used at a court hearing. (8) The person is entitled to present evidence and to cross-examine witnesses who testify on behalf of the petitioner at a hearing. (9) The person may refuse medication unless there is an imminent likelihood of serious physical injury to the person or others if the medication is refused. (10) Beginning on the 24th hour before a hearing for court-ordered treatment, the person may refuse to take medication unless the medication is necessary to save the person's life. (11) The person is entitled to request that a hearing be held in the county of which the person is a resident, if within the state. (f) Emergency detention. If the head of the facility determines during the period of emergency detention that the person requires further treatment, an application for court-ordered treatment shall be filed and an order of protective custody obtained under the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 462, as described in sec.149.31 of this title (relating to Admissions: Persons Court Ordered to Inpatient Chemical Dependency Services). The application shall be in writing and shall state: (1) the name and address of the person, including county of residence, if known; (2) that the person is chemically dependent: (A) that the person is likely to cause serious harm to self or others; or (B) will continue to suffer abnormal mental, emotional, or physical distress, will continue to deteriorate in ability to function independently if not treated, and is unable to make a rational and informed choice as to whether or not to submit to treatment; and (3) that the person is not charged with a criminal act, attempt, or threat of serious bodily injury to another person (not including a juvenile alleged to be a child engaged in delinquent conduct or conduct indicating a need for supervision as defined in the Family Code, sec.51.03). sec.149.22. Rights of Persons Apprehended for Emergency Detention. (a) The rights of each person apprehended for emergency detention for inpatient chemical dependency services at a treatment facility are granted under the relevant sections of the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 462. The client shall be advised immediately of these rights orally, in writing, and in simple non-technical terms. Each person apprehended or detained, but not yet admitted, for emergency detention shall be advised of the following rights: (1) You have the right to be told: (A) where you are; (B) why you are being kept at the facility; and (C) that your detention may result in a longer period of involuntary care. (2) You have the right to be told that anything you do or say may be used to determine whether you should be allowed to leave and whether you need court- ordered treatment. It may also be used in court. (3) You have the right to call an attorney at any reasonable time. The facility shall help you call an attorney if you ask. (4) You have the right to have a preliminary examination by a physician conducted immediately upon arrival at the treatment facility, following apprehension, to determine whether your condition meets the criteria for admission under emergency detention. (5) You have the right to be seen by a doctor. You will not be allowed to leave if the doctor believes that: (A) you may seriously harm yourself or others; (B) the risk of this happening is likely unless you are restrained; and (C) emergency detention is the least restrictive means of restraint. If the doctor decides you do not meet all of these criteria, you shall be allowed to leave. A decision concerning whether you shall stay shall be made within 24 hours, except weekends and legal holidays, the decision may be delayed until 4: 00 p.m. on the first regular work day. The decision may also be delayed in the event of an extreme weather emergency. If the court is asked to order you to stay longer, you shall be told that you have a right to a hearing within 72 hours (6) If the physician finds you do not need to be here, you have the right to be released and will be taken back to where you were picked up or to another suitable place. (b) If the person is accepted for treatment on an emergency detention, the personnel of the treatment facility shall immediately advise the person of the following rights. (1) You have the right not to be detained for more than 24 hours after the hour of initial detention unless an order for further detention is obtained, except that if the 24-hour period ends on a Saturday, Sunday or legal holiday or before 4:00 p.m. on the first business day succeeding the Saturday, Sunday or legal holiday, the period of detention shall end no later than 4:00 p.m. of the first succeeding business day. (2) You have the right to be released if the head of the facility determines that the criteria for emergency detention, as outlined in the Texas Health and Safety Code, Title 6, Subtitle B, sec.462.043(b), no longer applies. (3) You have the right to be transferred back to the location of apprehension, or other suitable place, if released from emergency detention, unless you are arrested or object to the return. (4) You have the right to be informed that no later than the 24th hour after the hour of initial detention, the head of the treatment may file a petition for court-ordered treatment. (5) You have the right to be informed that if a petition for court-ordered treatment is filed, you are entitled to a judicial probable cause hearing no later than the 72nd hour on which detention begins under an order of protective custody to determine whether you should remain in the treatment facility. (6) You have the right to have an attorney appointed if you do not have an attorney, when application for court-ordered services is filed. (7) You have the right to communicate with your attorney at any reasonable time and to have assistance in contacting the attorney. (8) You have the right to be informed that anything you say to the personnel of the treatment facility may be used in making a determination relating to detention, may result in the filing of a petition for court-ordered treatment, and may be used at a court hearing. (9) You have the right to present evidence and to cross-examine witnesses who testify on behalf of the petitioner at a hearing. (10) You have the right to refuse medication unless there is an imminent likelihood of serious physical injury to you or others if the medication is refused. (11) You have the right to be informed that beginning on the 24th hour before a hearing for court-ordered treatment, you may refuse to take medication unless the medication is necessary to save your life. (12) You have the right to request that a hearing be held in the county of which you are a resident, if within the state. sec.149.31. Admissions: Persons Court-Ordered to Inpatient Chemical Dependency Services. (a) Court-ordered treatment. (1) Before a hearing on court-ordered treatment may be held, there shall be on file with the court two certificates of medical examination (CME) for chemical dependency completed by physicians who have examined the person within 30 days preceding the date on which the final hearing is held. The court may appoint the necessary physicians to examine the person and to file the certificate of medical examination with the court if they are not filed with the application. (2) A certificate of medical examination shall be dated and signed by the examining physician and shall include the following information: (A) name and address of the examining physician; (B) name and address of the person; (C) date and place of the examination; (D) the period, if any, during which the person was under the examining physician's care; (E) accurate description of the treatment, if any, given by or administered under the direction of the examining physician; and (F) the examining physician's opinion and the detailed basis for that opinion concerning whether the person: (i) is chemically dependent; (ii) is likely to cause serious harm to self and/or others; (iii) will continue to suffer abnormal mental, emotional, or physical distress and to deteriorate in ability to function independently if not treated; and (iv) is unable to make a rational and informed choice as to whether or not to submit to treatment. (b) Order of protective custody. An order of protective custody may be filed only in the court in which an application for court-ordered treatment is pending and shall be accompanied by a certificate of medical examination for chemical dependency as described in Texas Health and Safety Code, Title 6, Subtitle B, sec.462.064, prepared by a physician who has examined the proposed patient within five days of the filing of the motion. A person charged with a criminal offense may be detained under an order of protective custody if the person meets the requirements of the Texas Health and Safety Code, Title 6, Subtitle B, s462.065, and the head of the facility agrees to the detention. (c) Probable cause hearing. (1) A person admitted by a treatment facility under an order of protective custody shall be provided a probable cause hearing within 72 hours of the signing of the order for protective custody unless the person waives the right to a hearing. (A) If that 72-hour period ends on a Saturday, Sunday or legal holiday, the probable cause hearing shall be held on the first succeeding business day. The judge or magistrate may postpone the hearing each day for an additional 24 hours if the judge or magistrate declares that an extreme emergency exists because of extremely hazardous weather conditions or on the occurrence of a disaster that threatens the safety of the proposed patient or another essential party to the hearing. (B) At the hearing, the person and the person's attorney are entitled to appear and present evidence on any allegation or statement in the certificates of medical examination for chemical dependency. (2) A person ordered during a probable cause hearing to be returned to the treatment facility to await a hearing on court-ordered treatment should be accompanied by: (A) a copy of the certificate of medical examination for chemical dependency; (B) any affidavits or other material submitted as evidence in the hearing; and (C) a notification of probable cause hearing. (3) A person returned to the treatment facility following a probable cause hearing shall be detained until the hearing on court ordered treatment or until the head of the facility determines that the person no longer meets the criteria for detention as described in the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 462. (d) Application for court-ordered treatment approved. If the application for court-ordered treatment is approved, the person shall be admitted to the treatment facility for a period not to exceed 90 days. The judge may, on request of the person, allow participation in licensed outpatient treatment in lieu of inpatient treatment, if the judge believes it is in the best interest of the patient. (e) Application for court-ordered treatment not approved. If the application for court-ordered treatment is not approved, the person shall be discharged by the facility. (f) Renewal of order for court-ordered treatment. (1) If the head of the facility determines during the period of court-ordered treatment that the person admitted under subsection (d) of this section requires further treatment for chemical dependency and is likely to cause serious physical harm to self or others, an application for renewal of the original order may be filed. The application shall be filed not later than the 14th day before the date on which the previous order will expire. (2) The application shall be accompanied by two new certificates of medical examinations for chemical dependency which comply with the requirements as described in subsection (a)(2) of this section. (3) An application for renewal is treated as an original application for court-ordered treatment. The rights of the person and the information to be supplied upon admission, as described in sec.149.21 of this title (relating to Admissions: Chemical Dependency Emergency Detention), and the provisions for an order of protective custody as described in subsection (b) of this section and a probable cause hearing as described in subsection (c) of this section apply to the application for renewal. (4) If the application is approved, the person shall be admitted for an additional period of treatment not to exceed 90 days. (5) If the application is not approved, the person shall be discharged by the facility. (g) Modification of order for inpatient treatment. The head of a facility may request a modification of order for inpatient treatment to require the person to participate in outpatient care or services. (1) The request shall be made of the court that entered the commitment order and shall explain in detail the reasons for the request. (2) The request shall be accompanied by a certificate of medical examination for chemical dependency signed by a physician who examined the person during the preceding seven days. (3) The person shall be given notice of the request. (4) The court will designate an individual to be responsible for the person's outpatient care or services. That individual shall submit a general program of treatment for outpatient care or services to the court within two weeks after the modified order has been entered. (5) The modified order may not extend beyond the term of the original order. sec.149.32. Order of Protective Custody-Special Rights. Clients apprehended, detained, admitted or held under an order of protective custody shall be advised of the following rights. (1) You have the right to call a lawyer or to have a lawyer appointed to represent you in a hearing to determine whether you shall remain in custody until a hearing on court-ordered chemical dependency treatment is held. (2) Before a probable cause hearing is held, you have the right to be told in writing: (A) that you have been placed under an order of protective custody; (B) why the order was issued; and (C) the time and place of a hearing to determine whether you shall remain in custody until a hearing on court-ordered chemical dependency treatment. This notice shall also be given to your attorney. (3) You have the right to a hearing within 72 hours of your detention, except that on weekends or legal holidays, the hearing may be delayed until 4: 00 p.m. on the first regular workday, or in the event of an extreme weather emergency. (4) You have the right to be released from custody if: (A) 72 hours has passed and a hearing has not taken place (except weather emergencies and extensions for weekends and legal holidays); (B) an order for court-ordered chemical dependency treatment has not been issued within 14 days of the filing of an application (30 days if a delay was granted); or (C) your doctor finds that you no longer need court-ordered chemical dependency treatment. sec.149.33. Passes and Furloughs. Inpatient facilities shall have a procedure on passes and furloughs. If furloughs (absences over 72 hours) are permitted, the procedure shall include the following provisions. (1) The facility director shall designate one or more administrative hearing officers to conduct administrative hearings concerning revocation of furloughs. The hearing officer may be a mental health or chemical dependency professional who is not directly involved in the client's treatment. (2) The facility director shall notify the court that issued the commitment order when a client is furloughed. (3) The facility director may secure the client's detention and return to the facility if: (A) the client is absent from the facility without permission; (B) the client has violated the terms of a furlough; or (C) the client's condition has deteriorated to the extent that his continued absence is inappropriate. (4) The process may be initiated by: (A) signing a certificate authorizing the client's detention and return; or (B) filing the certificate with a magistrate and requesting the magistrate to order the client's detention and return. (5) The reason for the return from furlough shall be documented in the client's record. (6) An administrative hearing shall be held within 72 hours of a client's return to the facility. The hearing shall be informal with both the facility staff and the client given the opportunity to present information and arguments. If the client desires, a member of the staff may serve as the client's advocate. (7) The hearing officer shall determine within 24 hours of the hearing's conclusion whether the revocation is justified. (8) The hearing officer shall document the decision in the client's record, including a written explanation of the reasons for the decision and the information on which the hearing officer relied. (9) If the hearing officer decides that the furlough should not be revoked, the client shall be permitted to leave the facility under the terms of the furlough. sec.149.54. Admissions: Persons Court-Ordered to Outpatient Chemical Dependency Services. (a) Court-ordered treatment. At the request of the person, the court may enter an order for the person to participate in licensed outpatient treatment, in lieu of inpatient treatment, if the judge believes it is in the person's best interest. (b) Motion for modification of order for outpatient treatment. A motion may be filed with the court that ordered outpatient treatment to modify the order to specifically require inpatient treatment. This section applies only to a change in the general program incorporated in the court's order. (c) Order for temporary detention. The individual responsible for the court- ordered outpatient care or treatment or the head of the facility providing the outpatient care or treatment shall file for an order of temporary detention before the modification hearing. (1) The application shall state that: (A) The person served meets the criteria for court-ordered treatment as described in sec.149.31 of this title (relating to Admissions: Persons Court- ordered to Inpatient Chemical Dependency Services) and: (i) has not complied with the court's order; or (ii) has deteriorated to the extent that outpatient care or services are no longer appropriate; and (B) detention in an approved inpatient treatment facility is necessary to evaluate the appropriate setting for continued court-ordered services. (2) The person may be detained for not more than 72 hours. If that 72 hour period ends on a Saturday, Sunday, or legal holiday, the modification hearing shall be held on the first succeeding business day. The judge or magistrate may postpone the hearing each day for an additional 24 hours if the judge or magistrate declares that an extreme emergency exists because of extremely hazardous weather conditions or on the occurrence of a disaster that threatens the safety of the person of another essential party to the hearing. (3) The head of the facility shall release the person held under an order of temporary detention if notice is not received within the 72-hour period described in paragraph (2) of this subsection. (4) A person released from temporary detention under this paragraph continues to be subject to the terms of the order committing the person to an approved outpatient treatment program if the order has not expired. (d) Order of modification of order for outpatient services. The court order to modify previously ordered outpatient treatment and specifically require inpatient treatment shall be supported by at least one certificate of medical examination for chemical dependency signed by a physician who examined the person not later than the seventh day before the hearing. A modified court order may not extend beyond the period prescribed for the original order. Issued in Austin, Texas, on August 11, 1995. TRD-9510203 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 149. Project Funding Funding Overview 40 TAC sec.149.26 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.149.26, concerning uniform grant and contract management standards. These rules are being repealed to allow emergency adoption of a revised version. The repeal is adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeal is adopted on an emergency basis under the Texas Health and Safety Code, sec.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. sec.149.26. Uniform Administrative Requirements. Issued in Austin, Texas, on August 10, 1995. TRD-9510090 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Subchapter B. Treatment as an Alternative to Arrest 40 TAC sec.sec.149.81-149.83 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.149.81-149.83, concerning chemical dependency treatment as an alternative to arrest. The new sections are being adopted to establish minimum criteria for facilities providing chemical dependency treatment as an alternative to arrest for public intoxication. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted under the Penal Code, sec.42.08, and the Texas Health and Safety Code, Title 6, Subtitle B, s141.12(15) which provide the Texas Commission on Alcohol and Drug Abuse with the authority to approve facilities for the treatment of individuals appearing in a public place under the influence of alcohol or any other substances. sec.149.81. Authority. Authority was granted to the Texas Commission on Alcohol and Drug Abuse under the Texas Penal Code, sec.42.08 to approve facilities for the treatment of individuals appearing in a public place under the influence of alcohol or any other substance. sec.149.82. Application. Before providing treatment for individuals appearing in a public place under the influence of alcohol or any other substance, a facility shall obtain written approval from the Texas Commission on Alcohol and Drug Abuse. To receive approval, the facility shall submit a written application and pay a $100 application fee. sec.149.83. Minimum Criteria. (a) The facility shall be licensed by: (1) the Texas Commission on Alcohol and Drug Abuse; or (2) the Texas Department of Health. (b) The program shall be authorized to provide treatment to individuals in need of detoxification (detoxification or Level I residential services). (c) The facility shall have written agreements with local law enforcement agencies that specify: (1) effective period of the agreement; (2) referral and transportation procedures; (3) admission hours; and (4) eligibility criteria for individuals referred by law enforcement officers. (d) All court commitment status staff and volunteers providing direct client services shall receive training in Prevention and Management of Aggressive Behavior (PMAB). This training shall be documented in personnel files. Issued in Austin, Texas, on August 11, 1995. TRD-9510205 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 150. Licensure of Chemical Dependency Counselors 40 TAC sec.sec.150.1-150.18, 150.20, 150.22 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.150.1-150.18, 150.20, and 150.22, concerning licensure requirements for chemical dependency counselors. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under the Texas Civil Statutes, Article 4512o, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish a procedure by which the commission is to license chemical dependency counselors. The commission prescribes the rules and procedures by which a person who provides chemical dependency counseling must obtain a license issued under this Act. sec.150.1. Definitions. sec.150.2. License Required. sec.150.3. Exemptions. sec.150.4. Discrimination Prohibited. sec.150.5. Commission Powers and Duties. sec.150.6. Consumer Information. sec.150.7. Advertising. sec.150.8. Official Roster. sec.150.9. Fees. sec.150.10. Licensure: Application, License Requirements, Issuance of License. sec.150.11. Examination. sec.150.12. Use of Title. sec.150.13. License Expiration, Renewal. sec.150.14. Reciprocity. sec.150.15. Continuing Education. sec.150.16. Disciplinary Action, Grounds. sec.150.17. Disciplinary Action, Procedure. sec.150.18. Civil Penalty Enforcement. sec.150.20. Transition. sec.150.22. Ethical Standards. Issued in Austin, Texas, on August 10, 1995. TRD-9510092 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 151. Peer Assistance 40 TAC sec.sec.151.21-151.28 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis new sec.sec.151.21-151.28, concerning peer assistance programs. The new sections are being adopted to establish minimum requirements for peer assistance programs, including definitions, general requirements, policies and procedures, peer intervenors, and referrals. The new sections are adopted on an emergency basis because the agency has been placed under conservatorship and is mandated to make immediate changes to its rules and operations. The new sections are adopted under the Texas Health and Safety Code, Title 6, Subtitle B, sec.461.12(14) and sec.467.001, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to establish criteria for approved peer assistance programs. sec.151.21. Authority. Authority is granted to the Texas Commission on Alcohol and Drug Abuse under Texas Health and Safety Code, Title 6, Subtitle B, sec.461.012 and sec.467.001, to establish minimum criteria for peer assistance programs. sec.151.22. Program Purpose.
                                    Peer assistance programs identify, assist, and monitor professional colleagues with job-impairing mental health, alcohol, or drug problems so that they may return to competent practice. Peer assistance programs offer support and assistance and have a rehabilitative emphasis rather than an adversarial or punitive emphasis. sec.151.23. Application. These sections apply to any profession which may incorporate under the Texas Professional Corporation Act, and to other professions under Texas Civil Statutes, Article 5561c-3. These sections do not apply to peer assistance programs established for licensed physicians or pharmacists or for any other profession that is authorized by law to establish a peer assistance program. sec.151.24. Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise. Act-Texas Health and Safety Code, Title 6, Subtitle B, Chapter 467. Approved peer assistance program-A program designed to help an impaired professional which is established or approved by a licensing or disciplinary authority, and meets the criteria established by the Texas Commission on Alcohol and Drug Abuse and any additional criteria established by the licensing or disciplinary authority. Chemical dependency -Abuse of, psychological dependence on, or addiction to alcohol or a controlled substance. Commission-The Texas Commission on Alcohol and Drug Abuse. Impaired professional -An individual whose ability to perform professional services is impaired by chemical dependency or by mental illness. Licensing/disciplinary authority-A state agency or board that license or has disciplinary authority over professionals. Mental health professional-An individual who is a licensed by the state as a physician, professional counselor (LPC), chemical dependency counselor (LCDC), psychologist, marriage and family therapist (LMFT) , or master social worker (LMSW). Professional-An individual who may incorporate under the Texas Professional Corporation Act (Texas Civil Statutes, Article 1528e), or who is licensed, registered, certified, or otherwise authorized by the state to practice as a licensed professional. Professional association -A national or statewide association of professionals, a committee of a professional association, or any nonprofit organization controlled by or operated in support of a professional association. Qualified mental health referral service-A service that refers clients in need of treatment to qualified providers; and meets the statutory requirements of the Texas Health and Safety Code, Title 2, Subtitle H, sec.164.007. Qualified service organization agreement-A written agreement between the peer assistance program and the licensing or disciplinary authority which meets the requirements of 42 Code Federal Regulations, Part 2, sec.2.11 (on the Confidentiality of Alcohol and Drug Abuse Patients). sec.151.25. General Requirements.
                                      The peer assistance program shall: (1) be administered by a committee of professionals who have no potential for direct financial gain from these activities. Members shall be geographically representative of Texas, and shall include at least one professional who is recovering from chemical dependency or mental illness; (2) be state-wide and made available to all members of the profession; (3) be available seven days a week, 24 hours a day. This may be accomplished through a toll-free telephone number with a recording device for after-hour calls; (4) be strictly confidential within the requirements of the Act. Record keeping should be kept to a minimum and wherever possible, case numbers should be used in place of names. Where applicable, the peer assistance program shall enter into a qualified service organization agreement to protect confidentiality of patient records; (5) implement a written plan for: (A) ongoing program evaluation; and (B) promotion and publicity to encourage use of the program. sec.151.26. Policies and Procedures. The program shall have written policies and procedures, including a workbook for peer intervenors, which state philosophy and methods for program operation. These shall include: (1) a statement of purpose; (2) a charge or statement of responsibility to the profession; (3) a brief explanation of the rehabilitative nature of the program; (4) a summary of the licensing or disciplinary body's role in the process; (5) information on confidentiality, including the requirements of 42 Code Federal Regulations, Part 2, sec.2.11 (on the Confidentiality of Alcohol and Drug Abuse Patients); (6) documentation requirements; (7) procedures for early identification and intervention; (8) instructions for handling medical emergencies and other crises, including resources and phone numbers; (9) resources and procedures for assisting the professional to access treatment; (10) provisions for follow-up; (11) information on relapse; (12) provision of continued monitoring and support after treatment; and (13) information about reentry to the profession and ways in which aftercare, if appropriate, will be encouraged. sec.151.27. Peer Intervenors.
                                        The peer assistance program shall: (1) develop and implement a written plan to recruit volunteers from among its professional to become intervenors; (2) require and provide at least eight hours of training to volunteers before they become peer intervenors. Training shall be conducted by a credentialed mental health professional and shall include information on: (A) chemical dependency and mental illness, including appropriate treatment; (B) guidelines for identification; (C) intervention skills; and (D) policies and procedures used by the program; (3) implement a continuing education program for peer intervenors, including annual training events; (4) establish at least periodic opportunities for peer intervenors to access a credentialed professional for consultation. sec.151.28. Referrals. (a) The peer assistance program shall maintain a current list of: (1) the state councils on alcohol and drug abuse; and (2) licensed chemical dependency treatment facilities. (b) Peer intervenors shall not refer impaired professionals directly to specific programs or professionals. The peer intervenor may refer the individual to: (1) the local council on alcohol and drug abuse; or (2) a qualified mental health referral service. (c) Peer intervenors may also provide an individual with a list of all licensed chemical dependency treatment facilities in the county of residence and help the individual locate additional qualified mental health professionals and services in the phone book. (d) Neither the peer assistance program nor any individual associated with it (including peer intervenors and committee members) shall accept compensation for referrals. Compensation includes: (1) pay; (2) anything of value; and (3) any other form of benefit or consideration. Issued in Austin, Texas, on August 11, 1995. TRD-9510209 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 151. Licensure Court Commitments 40 TAC sec.151.601, sec.151.602 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.151.601 and sec.151.602, concerning general approval of chemical dependency treatment facilities for involuntary court commitments by civil and criminal state courts having proper jurisdiction. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under the Texas Health and Safety Code, Title 6, Subtitle B, Chapter 462, which provides the Texas Commission on Alcohol and Drug Abuse with the authority to approve treatment facilities to accept involuntary court commitments referred by civil and criminal state courts having proper jurisdiction. sec.151.601. Approval for Court Commitments. sec.151.602. Minimum Criteria. Issued in Austin, Texas, on August 10, 1995. TRD-9510095 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720 Chapter 155. Community Services 40 sec.sec.155.21-155.27, 155.31-155.34, 155.41-155.45 The Texas Commission on Alcohol and Drug Abuse adopts on an emergency basis the repeal of sec.sec.155.21-155.27, 155.31-155.34, and 155.41-155.45, concerning the approval of facilities for the treatment of individuals appearing in a public place under the influence of alcohol or any other substances. These rules are being repealed to allow emergency adoption of a revised version. The repeals are adopted on an emergency basis due to the agency being placed under conservatorship, and is mandated to make immediate changes to its rules and operations. The repeals are adopted on an emergency basis under the Penal Code sec.42.08, and the Texas Health and Safety Code, Title 6, sec.sec.461.012, 461.014 and 461. 015 which provides the Texas Commission on Alcohol and Drug Abuse with the authority to set minimum criteria for approved peer assistance programs and to approve facilities for the treatment of individuals appearing in a public place under the influence of alcohol or any other substances. sec.155.21. Authority. sec.155.22. Objective. sec.155.23. Program Purpose. sec.155.24. Application. sec.155.25. Definitions. sec.155.26. Minimum Criteria. sec.155.27. Other Recommendations. sec.155.31. Authority. sec.155.32. Scope. sec.155.33. Application. sec.155.34. Minimum Criteria. sec.155.41. Authority. sec.155.42. Objective. sec.155.43. Application. sec.155.44. Minimum Guidelines. sec.155.45. Recommendation. Issued in Austin, Texas, on August 10, 1995. TRD-9510097 Thomas Mann, Jr. General Counsel Texas Commission on Alcohol and Drug Abuse Effective date: August 21, 1995 Expiration date: December 19, 1995 For further information, please call: (512) 867-8720