2023 Texas Statutes › Health and Safety Code › Title 6 - Food, Drugs, Alcohol, and Hazardous Substances › Subtitle B - Alcohol and Substance Abuse Programs › Chapter 462 - Treatment of Persons With Chemical Dependencies › Subchapter B. Voluntary Treatment or Rehabilitation › Section 462.025. Intake, Screening, Assessment, and Admission

Sec. 462.025.  INTAKE, SCREENING, ASSESSMENT, AND ADMISSION.  (a)  The executive commissioner shall adopt rules governing the voluntary admission of a patient to a treatment facility, including rules governing the intake, screening, and assessment procedures of the admission process.
(b)  The rules governing the intake process shall establish minimum standards for:
(1)  reviewing a prospective patient's finances and insurance benefits;
(2)  explaining to a prospective patient the patient's rights;  and
(3)  explaining to a prospective patient the facility's services and treatment process.
(b-1)  The rules governing the screening process shall establish minimum standards for determining whether a prospective patient presents sufficient signs, symptoms, or behaviors indicating a potential chemical dependency disorder to warrant a more in-depth assessment by a qualified professional. The screening must be reviewed and approved by a qualified professional.
(c)  The assessment provided for by the rules may be conducted only by a professional who meets the qualifications prescribed by department rules.
(d)  The rules governing the assessment process shall prescribe:
(1)  the types of professionals who may conduct an assessment;
(2)  the minimum credentials each type of professional must have to conduct an assessment;  and
(3)  the type of assessment that professional may conduct.
(d-1)  The rules governing the intake, screening, and assessment procedures shall establish minimum standards for providing intake, screening, and assessment using telecommunications or information technology.
(e)  In accordance with department rule, a treatment facility shall provide annually a minimum of two hours of inservice training regarding intake and screening for persons who will be conducting an intake or screening for the facility.  A person may not conduct intake or screenings without having completed the initial and applicable annual inservice training.
(f)  A prospective voluntary patient may not be formally accepted for chemical dependency treatment in a treatment facility unless the facility's administrator or a person designated by the administrator has agreed to accept the prospective patient and has signed a statement to that effect.
(g)  An assessment conducted as required by rules adopted under this section does not satisfy a statutory or regulatory requirement for a personal evaluation of a patient or a prospective patient by a qualified professional before admission.
(h)  In this section:
(1)  "Admission" means the formal acceptance of a prospective patient to a treatment facility.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 1211 , Sec. 5, eff. June 19, 2015.
(3)  "Intake" means the administrative process for gathering information about a prospective patient and giving a prospective patient information about the treatment facility and the facility's treatment and services.
(4)  "Screening" means the process a treatment facility uses to determine whether a prospective patient presents sufficient signs, symptoms, or behaviors to warrant a more in-depth assessment by a qualified professional after the patient is admitted.
Added by Acts 1993, 73rd Leg., ch. 705, Sec. 4.08, eff. Aug. 30, 1993.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 345 (H.B. 3146), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 345 (H.B. 3146), Sec. 3, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 345 (H.B. 3146), Sec. 4, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1166, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1211 (S.B. 1560), Sec. 4, eff. June 19, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1211 (S.B. 1560), Sec. 5, eff. June 19, 2015.
Acts 2021, 87th Leg., R.S., Ch. 624 (H.B. 4), Sec. 9, eff. June 15, 2021.