reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter B. Permit › Section 466.023. Application for Permit; Fees

Sec. 466.023.  APPLICATION FOR PERMIT;  FEES.  (a)  The department shall issue a permit to an applicant who qualifies under rules and standards adopted by the executive commissioner.
(b)  A permit issued under this section is valid until suspended or revoked by the department or surrendered by the permit holder in accordance with department rules.
(c)  A person must obtain a permit for each facility that the person operates.
(d)  A permit issued by the department is not transferable from one facility to another facility and must be returned to the department if the permit holder sells or otherwise conveys the facility to another person.
(e)  The executive commissioner by rule shall establish and the department shall collect a nonrefundable application fee to defray the cost to the department of processing each application for a permit.  The application fee must be submitted with the application.  An application may not be considered unless the application is accompanied by the application fee.
(f)  The executive commissioner shall adopt rules that set permit fees in amounts sufficient for the department to recover not less than half of the actual annual expenditures of state funds by the department to:
(1)  amend permits;
(2)  inspect facilities operated by permit holders; and
(3)  implement and enforce this chapter.
(g)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1, Sec. 3.1639(92), eff. April 2, 2015.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1214, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1639(92), eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter B. Permit › Section 466.024. Permit Limitations

Sec. 466.024.  PERMIT LIMITATIONS.  (a)  The department may issue a permit to:
(1)  a person constituting a legal entity organized and operating under the laws of this state;  or
(2)  a physician.
(b)  The department may issue a permit to a person other than a physician only if the person provides health care services under the supervision of one or more physicians licensed by the Texas Medical Board.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1215, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter B. Permit › Section 466.025. Inspection

Sec. 466.025.  INSPECTION.  (a)  The department may enter the facility of a person who is an applicant for a permit or who is a permit holder during any hours in which the facility is in operation for the purpose of inspecting the facility to determine:
(1)  if the person meets the standards set in department rules for the issuance of a permit; or
(2)  if a person who holds a permit is in compliance with this chapter, the standards set in department rules for the operation of a facility, any special provisions contained in the permit, or an order of the commissioner or the department.
(b)  The inspection may be conducted without prior notice to the applicant or the permit holder.
(c)  The department shall provide the applicant or permit holder with a copy of the inspection report.  An inspection report shall be made a part of the applicant's submission file or the permit holder's compliance record.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1216, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter B. Permit › Section 466.026. Multiple Enrollment Prevention

Sec. 466.026.  MULTIPLE ENROLLMENT PREVENTION.  The department shall work with representatives from permitted narcotic treatment programs in this state to develop recommendations for a plan to prevent the simultaneous multiple enrollment of persons in narcotic treatment programs.  The executive commissioner may adopt rules to implement these recommendations.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1217, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter B. Permit › Section 466.027. Denial, Suspension, or Revocation of Permit

Sec. 466.027.  DENIAL, SUSPENSION, OR REVOCATION OF PERMIT.  (a)  After notice to an applicant or a permit holder and after the opportunity for a hearing, the department may:
(1)  deny an application of the person if the person fails to comply with this chapter or the rules establishing minimum standards for the issuance of a permit adopted under this chapter;  or
(2)  suspend or revoke the permit of a person who has violated this chapter, an order issued under this chapter, or a minimum standard required for the issuance of a permit.
(b)  The executive commissioner may adopt rules that establish the criteria for the denial, suspension, or revocation of a permit.
(c)  Hearings, appeals from, and judicial review of final administrative decisions under this section shall be conducted according to the contested case provisions of Chapter 2001, Government Code, and the department's formal hearing rules.
(d)  This section does not prevent the informal reconsideration of a case before the setting of a hearing or before the issuance of the final administrative decision under this section.  The program rules must contain provisions establishing the procedures for the initiation and conduct of the informal reconsideration by the department.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1218, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter C. Enforcement › Section 466.041. Emergency Orders

Sec. 466.041.  EMERGENCY ORDERS.  (a)  The department may issue an emergency order, either mandatory or prohibitory in nature, in relation to the operation of a permitted facility or the treatment of patients by the facility staff, in the department's jurisdiction.  The order may be issued if the department determines that the treatment of patients by the staff of the permit holder creates or poses an immediate and serious threat to human life or health and other procedures available to the department to remedy or prevent the occurrence of the situation will result in an unreasonable delay.
(b)  The department may issue the emergency order, including an emergency order suspending or revoking a permit issued by the department, without notice and hearing, if the department determines that action to be practicable under the circumstances.
(c)  If an emergency order is issued without a hearing, the department shall determine a time and place for a hearing at which the emergency order is affirmed, modified, or set aside.  The hearing shall be held under the contested case provisions of Chapter 2001, Government Code, and the department's formal hearing rules.
(d)  If an emergency order is issued to suspend or revoke the permit, the department shall ensure that treatment services for the patients are maintained at the same location until appropriate referrals to an alternate treatment program are made.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991;  Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1219, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter C. Enforcement › Section 466.042. Injunction

Sec. 466.042.  INJUNCTION.  (a)  The department may request the attorney general or a district, county, or municipal attorney to petition the district court for a temporary restraining order to restrain:
(1)  a continuing violation of this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter; or
(2)  a threat of a continuing violation of this chapter, a rule, or an order or permit.
(b)  To request a temporary restraining order, the department must find that a person has violated, is violating, or is threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter and:
(1)  the violation or threatened violation creates an immediate threat to the health and safety of the public; or
(2)  there is reasonable cause to believe that the permit holder or the staff of the permit holder is party to the diversion of a narcotic drug or drugs in violation of Chapter 481 (Texas Controlled Substances Act).
(c)  On finding by the court that a person is violating or threatening to violate this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the court shall grant the injunctive relief warranted by the facts.
(d)  Venue for a suit brought under this section is in the county in which the violation or threat of violation is alleged to have occurred or in Travis County.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1220, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter C. Enforcement › Section 466.043. Administrative Penalty

Sec. 466.043.  ADMINISTRATIVE PENALTY.  If a person violates this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the department may assess an administrative penalty against the person as provided by Chapter 431 (Texas Food, Drug, and Cosmetic Act).
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1221, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter C. Enforcement › Section 466.044. Criminal Penalty

Sec. 466.044.  CRIMINAL PENALTY.  (a)  A person commits an offense if the person operates a narcotic drug treatment program without a permit issued by the department.
(b)  An offense under this section is a Class A misdemeanor.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 466 - Regulation of Narcotic Drug Treatment Programs › Subchapter C. Enforcement › Section 466.045. Civil Penalty

Sec. 466.045.  CIVIL PENALTY.  (a)  If it appears that a person has violated this chapter, a rule adopted under this chapter, or an order or permit issued under this chapter, the department may request the attorney general or the district, county, or municipal attorney of the municipality or county in which the violation occurred to institute a civil suit for the assessment and recovery of a civil penalty.
(b)  The penalty may be in an amount not to exceed $10,000 for each violation.
(c)  In determining the amount of the penalty, the court shall consider:
(1)  the person's history of previous violations;
(2)  the seriousness of the violation;
(3)  any hazard to the health and safety of the public;  and
(4)  the demonstrated good faith of the person charged.
(d)  A civil penalty recovered in a suit instituted by the attorney general under this chapter shall be deposited in the state treasury to the credit of the General Revenue Fund.  A civil penalty recovered in a suit instituted by a local government under this chapter shall be paid to the local government.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1222, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.001. Definitions

Sec. 467.001.  DEFINITIONS.  In this chapter:
(1)  "Approved peer assistance program" means a program that is designed to help an impaired professional and that is:
(A)  established by a licensing or disciplinary authority; or
(B)  approved by a licensing or disciplinary authority as meeting the criteria established by the executive commissioner and any additional criteria established by that licensing or disciplinary authority.
(2)  "Department" means the Department of State Health Services.
(2-a)  "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(3)  "Impaired professional" means an individual whose ability to perform a professional service is impaired by chemical dependency on drugs or alcohol or by mental illness.
(4)  "Licensing or disciplinary authority" means a state agency or board that licenses or has disciplinary authority over professionals.
(5)  "Professional" means an individual who:
(A)  may incorporate under The Texas Professional Corporation Law as described by Section 1.008(m), Business Organizations Code; or
(B)  is licensed, registered, certified, or otherwise authorized by the state to practice as a licensed vocational nurse, social worker, chemical dependency counselor, occupational therapist, speech-language pathologist, audiologist, licensed dietitian, or dental or dental hygiene school faculty member.
(6)  "Professional association" means a national or statewide association of professionals, including any committee of a professional association and any nonprofit organization controlled by or operated in support of a professional association.
(7)  "Student" means an individual enrolled in an educational program or course of study leading to initial licensure as a professional as such program or course of study is defined by the appropriate licensing or disciplinary authority.
(8)  "Impaired student" means a student whose ability to perform the services of the profession for which the student is preparing for licensure would be, or would reasonably be expected to be, impaired by chemical dependency on drugs or alcohol or by mental illness.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1995, 74th Leg., ch. 570, Sec. 1, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 17, Sec. 27, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 892, Sec. 26, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 21, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1223, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.002. Other Peer Assistance Programs

Sec. 467.002.  OTHER PEER ASSISTANCE PROGRAMS.  This chapter does not apply to a peer assistance program for licensed physicians or pharmacists or for any other profession that is authorized under other law to establish a peer assistance program.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.003. Programs

Sec. 467.003.  PROGRAMS.  (a)  A professional association or licensing or disciplinary authority may establish a peer assistance program to identify and assist impaired professionals in accordance with the minimum criteria established by the executive commissioner and any additional criteria established by the appropriate licensing or disciplinary authority.
(b)  A peer assistance program established by a professional association is not governed by or entitled to the benefits of this chapter unless the association submits evidence to the appropriate licensing or disciplinary authority showing that the association's program meets the minimum criteria established by the executive commissioner and any additional criteria established by that authority.
(c)  If a licensing or disciplinary authority receives evidence showing that a peer assistance program established by a professional association meets the minimum criteria established by the executive commissioner and any additional criteria established by that authority, the authority shall approve the program.
(d)  A licensing or disciplinary authority may revoke its approval of a program established by a professional association under this chapter if the authority determines that:
(1)  the program does not comply with the criteria established by the executive commissioner or by that authority; and
(2)  the professional association does not bring the program into compliance within a reasonable time, as determined by that authority.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1373 (S.B. 155), Sec. 22, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1224, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.0035. Provision of Services to Students

Sec. 467.0035.  PROVISION OF SERVICES TO STUDENTS.  (a)  An approved peer assistance program may provide services to impaired students.  A program that elects to provide services to impaired students is not required to provide the same services to those students that it provides to impaired professionals.
(b)  An approved peer assistance program that provides services to students shall comply with any criteria for those services that are adopted by the appropriate licensing or disciplinary authority.
Added by Acts 1995, 74th Leg., ch. 570, Sec. 2, eff. Sept. 1, 1995.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.004. Funding

Sec. 467.004.  FUNDING.  (a)  Except as provided by Section 467.0041(b) of this code and Section 504.058, Occupations Code, a licensing or disciplinary authority may add a surcharge of not more than $10 to its license or license renewal fee to fund an approved peer assistance program.  The authority must adopt the surcharge in accordance with the procedure that the authority uses to initiate and adopt an increase in its license or license renewal fee.
(b)  A licensing or disciplinary authority may accept, transfer, and expend funds made available by the federal or state government or by another public or private source to fund an approved peer assistance program.
(c)  A licensing or disciplinary authority may contract with, provide grants to, or make other arrangements with an agency, professional association, institution, or individual to implement this chapter.
(d)  Money collected under this section may be used only to implement this chapter and may not be used to pay for the actual treatment and rehabilitation costs required by an impaired professional.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 194, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 493, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1314, Sec. 24, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 564 (H.B. 3145), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.0041. Funding for State Board of Dental Examiners

Sec. 467.0041.  FUNDING FOR STATE BOARD OF DENTAL EXAMINERS.  (a)  Except as provided by this section, the State Board of Dental Examiners is subject to Section 467.004.
(b)  The board may add a surcharge of not more than $10 to its license or license renewal fee to fund an approved peer assistance program.
(c)  The board may collect a fee of not more than $50 each month from a participant in an approved peer assistance program.
(d)  Subject to the General Appropriations Act, the board may use the fees and surcharges collected under this section and fines collected in the enforcement of Subtitle D, Title 3, Occupations Code, to fund an approved program and to pay the administrative costs incurred by the board that are related to the program.
Added by Acts 1991, 72nd Leg., ch. 14, Sec. 195, eff. Sept. 1, 1991.  Amended by Acts 1995, 74th Leg., ch. 2, Sec. 19, eff. Feb. 6, 1995;  Acts 1997, 75th Leg., ch. 493, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1314, Sec. 25, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch;  1423, Sec. 10.07, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1225, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1226, eff. April 2, 2015.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.005. Reports

Sec. 467.005.  REPORTS.  (a)  A person who knows or suspects that a professional is impaired by chemical dependency on alcohol or drugs or by mental illness may report the professional's name and any relevant information to an approved peer assistance program.
(b)  A person who is required by law to report an impaired professional to a licensing or disciplinary authority satisfies that requirement if the person reports the professional to an approved peer assistance program.  The program shall notify the person making the report and the appropriate licensing or disciplinary authority if the person fails to participate in the program as required by the appropriate licensing or disciplinary authority.
(c)  An approved peer assistance program may report in writing to the appropriate licensing or disciplinary authority the name of a professional who the program knows or suspects is impaired and any relevant information concerning that professional.
(d)  A licensing or disciplinary authority that receives a report made under Subsection (c) shall treat the report in the same manner as it treats an initial allegation of misconduct against a professional.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 414, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.006. Assistance to Impaired Professionals

Sec. 467.006.  ASSISTANCE TO IMPAIRED PROFESSIONALS.  (a)  A licensing or disciplinary authority that receives an initial complaint concerning an impaired professional may:
(1)  refer the professional to an approved peer assistance program;  or
(2)  require the professional to participate in or successfully complete a course of treatment or rehabilitation.
(b)  A licensing or disciplinary authority that receives a second or subsequent complaint or a report from a peer assistance program concerning an impaired professional may take the action permitted by Subsection (a) in addition to any other action the authority is otherwise authorized to take in disposing of the complaint.
(c)  An approved peer assistance program that receives a report or referral under Subsection (a) or (b) or a report under Section 467.005(a) may intervene to assist the impaired professional to obtain and successfully complete a course of treatment and rehabilitation.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.007. Confidentiality

Sec. 467.007.  CONFIDENTIALITY.  (a)  Any information, report, or record that an approved peer assistance program or a licensing or disciplinary authority receives, gathers, or maintains under this chapter is confidential.  Except as prescribed by Subsection (b) or by Section 467.005(c), a person may not disclose that information, report, or record without written approval of the impaired professional or other interested person. An order entered by a licensing or disciplinary authority may be confidential only if the licensee subject to the order agrees to the order and there is no previous or pending action, complaint, or investigation concerning the licensee involving malpractice, injury, or harm to any member of the public.  It is the intent of the legislature to encourage impaired professionals to seek treatment for their impairments.
(b)  Information that is confidential under Subsection (a) may be disclosed:
(1)  at a disciplinary hearing before a licensing or disciplinary authority in which the authority considers taking disciplinary action against an impaired professional whom the authority has referred to a peer assistance program under Section 467.006(a) or (b);
(2)  at an appeal from a disciplinary action or order imposed by a licensing or disciplinary authority;
(3)  to qualified personnel for bona fide research or educational purposes only after information that would identify a person is removed;
(4)  to health care personnel to whom an approved peer assistance program or a licensing or disciplinary authority has referred the impaired professional;  or
(5)  to other health care personnel to the extent necessary to meet a health care emergency.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 245, Sec. 1, eff. Sept. 1, 1991.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.0075. Consent to Disclosure

Sec. 467.0075.  CONSENT TO DISCLOSURE.  An impaired professional who is reported to a peer assistance program by a third party shall, as a condition of participation in the program, give consent to the program that at a minimum authorizes the program to disclose the impaired professional's failure to successfully complete the program to the appropriate licensing or disciplinary authority.
Added by Acts 1997, 75th Leg., ch. 414, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 467 - Peer Assistance Programs › Section 467.008. Civil Immunity

Sec. 467.008.  CIVIL IMMUNITY.  (a)  A person who in good faith reports information or takes action in connection with a peer assistance program is immune from civil liability for reporting the information or taking the action.
(b)  The civil immunity provided by this section shall be liberally construed to accomplish the purposes of this chapter.
(c)  The persons entitled to immunity under this section include:
(1)  an approved peer assistance program;
(2)  the professional association or licensing or disciplinary authority operating the peer assistance program;
(3)  a member, employee, or agent of the program, association, or authority;
(4)  a person who reports or provides information concerning an impaired professional;
(5)  a professional who supervises or monitors the course of treatment or rehabilitation of an impaired professional;  and
(6)  a person who employs an impaired professional in connection with the professional's rehabilitation, unless the person:
(A)  knows or should have known that the professional is incapable of performing the job functions involved;  or
(B)  fails to take reasonable precautions to monitor the professional's job performance.
(d)  A professional association, licensing or disciplinary authority, program, or person acting under this chapter is presumed to have acted in good faith.  A person alleging a lack of good faith has the burden of proof on that issue.
(e)  The immunity provided by this section is in addition to other immunity provided by law.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 468 - Programs and Initiatives to Prevent the Manufacture and Use of Methamphetamine › Subchapter B. Prevention and Education Programs › Section 468.051. Programs Designed to Help Students

Sec. 468.051.  PROGRAMS DESIGNED TO HELP STUDENTS.  In administering human services programs as required by Section 1001.073, the Department of State Health Services shall:
(1)  administer, coordinate, and contract for the delivery of programs designed to prevent the use of methamphetamine among students enrolled in a public or private school in this state; and
(2)  provide education to appropriate school personnel and parents of school-age children on identifying and helping children who use methamphetamine or who are exposed to chemicals and other hazardous materials used in the manufacture of methamphetamine.
Added by Acts 2005, 79th Leg., Ch. 283 (S.B. 66), Sec. 1, eff. June 15, 2005.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 468 - Programs and Initiatives to Prevent the Manufacture and Use of Methamphetamine › Subchapter B. Prevention and Education Programs › Section 468.052. Education Regarding Anhydrous Ammonia

Sec. 468.052.  EDUCATION REGARDING ANHYDROUS AMMONIA.  (a)  In cooperation with other state agencies, the Office of the Texas State Chemist of the Texas Agricultural Experiment Station shall distribute materials used to educate distributors, farmers, retail dealers, cooperatives, and other appropriate persons regarding:
(1)  the use of anhydrous ammonia in the illicit manufacture of methamphetamine; and
(2)  practices and equipment that can be used to deter the theft of anhydrous ammonia.
(b)  In the materials distributed under this section, the Office of the Texas State Chemist shall encourage local law enforcement and community groups to cooperate in deterring the theft of anhydrous ammonia.
Added by Acts 2005, 79th Leg., Ch. 283 (S.B. 66), Sec. 1, eff. June 15, 2005.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 469 - Voluntary Accreditation of Recovery Housing › Section 469.001. Definitions

Sec. 469.001.  DEFINITIONS.  In this chapter:
(1)  "Accrediting organization" means a nonprofit organization the commission approves under Section 469.002 that develops and administers recovery housing accreditation programs.
(2)  "Commission" means the Health and Human Services Commission.
(3)  "Recovery house" means a shared living environment that:
(A)  promotes sustained recovery from substance use disorders by integrating residents into the surrounding community and providing a setting that connects residents to supports and services promoting sustained recovery from substance use disorders;
(B)  is centered on peer support; and
(C)  is free from alcohol and drug use.
(4)  "State health care regulatory agency" has the meaning assigned by Section 161.131.
Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 469 - Voluntary Accreditation of Recovery Housing › Section 469.002. Voluntary Accreditation of Recovery Housing

Sec. 469.002.  VOLUNTARY ACCREDITATION OF RECOVERY HOUSING.  (a)  The commission shall adopt minimum standards for accreditation as a recovery house that are consistent with the quality standards established by the National Alliance for Recovery Residences and the Oxford House Incorporated.  The standards must prohibit an accredited recovery house from providing personal care services, as defined by Section 247.002.
(b)  The commission may approve only the National Alliance for Recovery Residences or the Oxford House Incorporated to serve as an accrediting organization in the development and administration of a voluntary accreditation program for recovery housing in accordance with this chapter.
(c)  An accrediting organization the commission approves under this section must:
(1)  establish recovery house accreditation requirements that at a minimum include the accreditation standards the commission adopts;
(2)  establish procedures to:
(A)  administer the issuance of recovery house accreditation under this chapter, including application, accreditation, reaccreditation, and disciplinary procedures; and
(B)  assess application accreditation and reaccreditation fees;
(3)  provide training to recovery house responsible parties designated under Section 469.004 and staff concerning the accreditation standards the commission adopts;
(4)  develop a code of ethics; and
(5)  provide information to the commission for the commission to compile the annual report required under Section 469.005.
Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 469 - Voluntary Accreditation of Recovery Housing › Section 469.003. Places Ineligible for Accreditation as Recovery House

Sec. 469.003.  PLACES INELIGIBLE FOR ACCREDITATION AS RECOVERY HOUSE.  The following places are ineligible for accreditation as a recovery house:
(1)  a home and community support services agency licensed under Chapter 142;
(2)  a nursing facility licensed under Chapter 242;
(3)  a continuing care facility regulated under Chapter 246;
(4)  an assisted living facility licensed under Chapter 247;
(5)  an intermediate care facility for individuals with an intellectual disability licensed under Chapter 252;
(6)  a boarding home facility as defined by Section 260.001;
(7)  a chemical dependency treatment facility licensed under Subchapter A, Chapter 464;
(8)  a child-care facility licensed under Chapter 42, Human Resources Code;
(9)  a family violence shelter center as defined by Section 51.002, Human Resources Code;
(10)  an entity qualified as a community home under Chapter 123, Human Resources Code; and
(11)  a hotel, as defined by Section 156.001, Tax Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 469 - Voluntary Accreditation of Recovery Housing › Section 469.004. Required Designation of Recovery House Responsible Party by Certain Recovery Houses

Sec. 469.004.  REQUIRED DESIGNATION OF RECOVERY HOUSE RESPONSIBLE PARTY BY CERTAIN RECOVERY HOUSES.  (a)  This section does not apply to a recovery house accredited by Oxford House Incorporated.
(b)  The standards the commission adopts must require at least one individual to be designated to serve as the responsible party of an accredited recovery house.
(c)  A designated individual:
(1)  must satisfactorily complete training the accrediting organization provides concerning the commission's accreditation standards and the organization's accreditation requirements; and
(2)  is responsible for administering the recovery house in accordance with the accreditation standards and requirements.
(d)   An accredited recovery house required to designate a responsible party under this section must notify the accrediting organization that issued the recovery house's accreditation before the 30th business day after the date of any change to the designated responsible party.
Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 469 - Voluntary Accreditation of Recovery Housing › Section 469.005. Annual Report

Sec. 469.005.  ANNUAL REPORT.  The commission shall  prepare an annual report that includes information on:
(1)  the total number of accredited recovery houses;
(2)  the number of recovery houses accredited during the preceding year;
(3)  any issues concerning the accreditation or reaccreditation process;
(4)  the number of accredited recovery houses that had an accreditation revoked during the preceding year; and
(5)  the reasons for the revocation.
Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 469 - Voluntary Accreditation of Recovery Housing › Section 469.006. Soliciting

Sec. 469.006.  SOLICITING.  A recovery house responsible party designated under Section 469.004 or a recovery house's employee or agent may not offer to pay or agree to accept, directly or indirectly, overtly or covertly, remuneration in cash or in kind to or from another for securing or soliciting a patient or patronage for or from a person licensed, certified, or registered by a state health care regulatory agency.
Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 469 - Voluntary Accreditation of Recovery Housing › Section 469.007. Certain Advertising Prohibited

Sec. 469.007.  CERTAIN ADVERTISING PROHIBITED.  (a)  A recovery house may not advertise or otherwise communicate that the recovery house is accredited by an accrediting organization unless the recovery house is accredited by an accrediting organization in accordance with this chapter.
(b)  A recovery house may not advertise or cause to be advertised in any manner any false, misleading, or deceptive information about the recovery house.
Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 469 - Voluntary Accreditation of Recovery Housing › Section 469.008. Enforcement

Sec. 469.008.  ENFORCEMENT.  If an accredited recovery house violates this chapter, the accrediting organization that issued the accreditation to the recovery house may suspend the accreditation for a period not to exceed six months while the accrediting organization conducts an audit of the recovery house.  After the audit is complete, the accrediting organization may implement a corrective action plan or revoke the accreditation.
Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 469 - Voluntary Accreditation of Recovery Housing › Section 469.009. Funding

Text of section effective on September 01, 2025
Sec. 469.009.  FUNDING.  A recovery house that is not accredited by an accrediting organization in accordance with this chapter is ineligible for and may not receive state money.
Added by Acts 2023, 88th Leg., R.S., Ch. 1113 (H.B. 299), Sec. 1, eff. September 1, 2025.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter A. General Provisions › Section 481.001. Short Title

Sec. 481.001.  SHORT TITLE.  This chapter may be cited as the Texas Controlled Substances Act.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter A. General Provisions › Section 481.003. Rules

Sec. 481.003.  RULES.  (a)  The director may adopt rules to administer and enforce this chapter, other than Sections 481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.07636, 481.0764, 481.0765, 481.0766, 481.0767, 481.0768, and 481.0769.  The board may adopt rules to administer Sections 481.074, 481.075, 481.0755, 481.0756, 481.076, 481.0761, 481.0762, 481.0763, 481.07635, 481.07636, 481.0764, 481.0765, 481.0766, 481.0767, 481.0768, and 481.0769.
(b)  The director by rule shall prohibit a person in this state, including a person regulated by the Texas Department of Insurance under the Insurance Code or the other insurance laws of this state, from using a practitioner's Federal Drug Enforcement Administration number for a purpose other than a purpose described by federal law or by this chapter.  A person who violates a rule adopted under this subsection commits a Class C misdemeanor.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 3, eff. Jan. 1, 1998.  Amended by Acts 1999, 76th Leg., ch. 1266, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1268 (S.B. 195), Sec. 3, eff. June 20, 2015.
Acts 2017, 85th Leg., R.S., Ch. 485 (H.B. 2561), Sec. 1, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1105 (H.B. 2174), Sec. 3, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1166 (H.B. 3284), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter B. Schedules › Section 481.031. Nomenclature

Sec. 481.031.  NOMENCLATURE.  Controlled substances listed in Schedules I through V and Penalty Groups 1 through 4 are included by whatever official, common, usual, chemical, or trade name they may be designated.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter B. Schedules › Section 481.032. Schedules

Sec. 481.032.  SCHEDULES.  (a)  The commissioner shall establish and modify the following schedules of controlled substances under this subchapter:  Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V.
(b)  A reference to a schedule in this chapter means the most current version of the schedule established or altered by the commissioner under this subchapter and published in the Texas Register on or after January 1, 1998.
Added by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.  Amended by Acts 2001, 77th Leg., ch. 251, Sec. 2, eff. Sept. 1, 2001.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter B. Schedules › Section 481.035. Findings

Sec. 481.035.  FINDINGS.  (a)  The commissioner shall place a substance in Schedule I if the commissioner finds that the substance:
(1)  has a high potential for abuse;  and
(2)  has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
(b)  The commissioner shall place a substance in Schedule II if the commissioner finds that:
(1)  the substance has a high potential for abuse;
(2)  the substance has currently accepted medical use in treatment in the United States;  and
(3)  abuse of the substance may lead to severe psychological or physical dependence.
(c)  The commissioner shall place a substance in Schedule III if the commissioner finds that:
(1)  the substance has a potential for abuse less than that of the substances listed in Schedules I and II;
(2)  the substance has currently accepted medical use in treatment in the United States;  and
(3)  abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
(d)  The commissioner shall place a substance in Schedule IV if the commissioner finds that:
(1)  the substance has a lower potential for abuse than that of the substances listed in Schedule III;
(2)  the substance has currently accepted medical use in treatment in the United States;  and
(3)  abuse of the substance may lead to a more limited physical or psychological dependence than that of the substances listed in Schedule III.
(e)  The commissioner shall place a substance in Schedule V if the commissioner finds that the substance:
(1)  has a lower potential for abuse than that of the substances listed in Schedule IV;
(2)  has currently accepted medical use in treatment in the United States;  and
(3)  may lead to a more limited physical or psychological dependence liability than that of the substances listed in Schedule IV.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 481.039 and amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.
2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle C - Substance Abuse Regulation and Crimes › Chapter 481 - Texas Controlled Substances Act › Subchapter B. Schedules › Section 481.036. Publication of Schedules

Sec. 481.036.  PUBLICATION OF SCHEDULES.  (a)  The commissioner shall publish the schedules by filing a certified copy of the schedules with the secretary of state for publication in the Texas Register not later than the fifth working day after the date the commissioner takes action under this subchapter.
(b)  Each published schedule must show changes, if any, made in the schedule since its latest publication.
(c)  An action by the commissioner that establishes or modifies a schedule under this subchapter may take effect not earlier than the 21st day after the date on which the schedule or modification is published in the Texas Register unless an emergency exists that necessitates earlier action to avoid an imminent hazard to the public safety.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Renumbered from Health & Safety Code Sec. 481.040 and amended by Acts 1997, 75th Leg., ch. 745, Sec. 4, eff. Jan. 1, 1998.