reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter G - OPTICIANS › Section 140.287 - Registration of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
				  sets out registration procedures for military service members, military
				  veterans, and military spouses required under Occupations Code, Chapter 55
				  (relating to Licensing of Military Service Members, Military Veterans, and
				  Military Spouses). For purposes of this section, the following terms shall have
				  the following meanings:
(1) Military service
				  member--A person who is currently serving in the armed forces of the United
				  States, in a reserve component of the armed forces of the United States,
				  including the National Guard, or in the state military service of any
				  state.
(2) Military spouse--A
				  person who is married to a military service member who is currently on active
				  duty.
(3) Military veteran--A
				  person who has served in the army, navy, air force, marine corps, or coast
				  guard of the United States, or in an auxiliary service of one of those branches
				  of the armed forces.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.400 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding the provisions of §
										441.101 of
					 this title (relating to Definitions), the following words and terms, when used
					 in this subchapter, shall have the following meanings, unless the context
					 clearly indicates otherwise.
(1)
				  Abuse--An intentional, knowing, or reckless act or omission by a counselor,
				  applicant for counselor licensure, counselor intern, certified clinical
				  supervisor, clinical training institution, or personnel of any such person that
				  causes or may cause death, emotional harm or physical injury to a client. Abuse
				  includes, without limitation, the following:
(A) any sexual contact, sexual exploitation,
				  or indecent exposure between a counselor, applicant for counselor licensure,
				  counselor intern, certified clinical supervisor, clinical training institution,
				  or personnel of any such person, and a client, or as otherwise defined in this
				  section;
(B) corporal punishment or
				  physical assault;
(C) nutritional
				  deprivation 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
				  Chapter 448 of this title (relating to Standard of Care);
(G) coercive or restrictive actions taken in
				  response to a client's request for discharge or refusal of medication or
				  treatment that are illegal or not justified by the client's condition;
				  and
(H) any other act or omission
				  classified as abuse by Texas law, including, but not limited to, Texas Family
				  Code, §
											261.001 and Texas
				  Human Resources Code, §
											48.002.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.401 - License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual
				  identified to the public as a chemical dependency counselor must be licensed or
				  exempt under this subchapter. Except as provided by this section, individuals
				  who are not LCDCs shall not:
(1) offer or
				  provide chemical dependency counseling services other than education;
(2) represent themselves as chemical
				  dependency counselors; or
(3) use
				  any name, title, or designation that implies licensure as a chemical dependency
				  counselor.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.402 - Scope of Practice

Current through Reg. 49, No. 28; July 12, 2024
(a) An LCDC is
				  authorized to provide chemical dependency counseling services involving the
				  application of the principles, methods, and procedures of the chemical
				  dependency profession as defined by the profession's ethical standards and the
				  KSAs as defined in §
										140.400 of
				  this title (relating to Definitions). The license does not qualify an
				  individual to provide services outside this scope of practice.
(b) The scope of practice for an LCDC
				  includes services that address substance abuse/dependence and/or its impact on
				  the service recipient subject to the following:
(1) the LCDC is prohibited from using
				  techniques that exceed his or her professional competence;
(2) the service recipient may only be the
				  user, family member or any other individual involved in a significant
				  relationship with a user;
(3) the
				  focus of an LCDC's services shall be on assisting individuals or groups to
				  develop an understanding of chemical dependency problems, define goals, and
				  plan action reflecting the individual's or group's interest, abilities, and
				  needs, as affected by claimed or indicated chemical dependency problems;
				  and
(4) LCDCs are not qualified to
				  treat individuals with a mental health disorder or provide family counseling to
				  individuals whose presenting problems do not include chemical
				  dependency.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.403 - Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The schedule of
				  fees is:
(1) initial LCDC application
				  fee--$25, in addition to any fees assessed under subsection (e) of this
				  section;
(2) initial LCDC licensure
				  fee--$75, plus a surcharge of $10 to fund one or more approved peer assistance
				  programs and administrative costs of the department related to peer assistance
				  programs;
(3) LCDC renewal and
				  renewal application fee--$115, plus a surcharge of $10 to fund one or more
				  approved peer assistance programs and administrative costs of the department
				  related to peer assistance programs, in addition to any fees assessed under
				  subsection (e) of this section:
(A) late
				  renewal penalty fee (up to 90 days after the license expiration
				  date)--$37.50;
(B) late renewal
				  penalty fee (between 91 days and one year after the license expiration
				  date)--$75;
(4)
				  background investigation fee--$40;
(5) inactive status fee--$50;
(6) licensure certificate replacement or
				  duplication fee--$10;
(7) returned
				  check fee--$25;
(8) clinical
				  supervisor initial and renewal application and certification fee--$20;
				  and
(9) criminal history evaluation
				  letter fee--$50.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.404 - LCDC Licensure Application Standards and Counselor Intern Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) Every
				  individual seeking LCDC licensure shall apply for registration as a counselor
				  intern and initiate the licensure application process with the department by
				  submitting the following items in a form acceptable to the department:
(1) the initial LCDC application fee and the
				  background investigation fee;
(2)
				  the department's current application form that has been completed, signed,
				  dated, and notarized;
(3) a recent
				  full-face wallet-sized photograph of the applicant;
(4) two sets of fingerprints completed
				  according to department instructions; and
(5) documentation that the applicant has
				  successfully completed intern registration requirements in §
											140.405
				  of this title (relating to Requirements for Counselor Intern
				  Registration).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.405 - Requirements for Counselor Intern Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for counselor intern
				  registration under this subchapter, an individual must:
(1) be at least 18 years of age;
(2) have a high school diploma or its
				  equivalent;
(3) successfully
				  complete 270 classroom hours, or 18 semester hours (or 27 quarter hours), of
				  chemical dependency curricula as described in §
											140.406
				  of this title (relating to Standards for 270 Educational Hours);
(4) complete 300 hours of approved supervised
				  field work practicum as described in §
											140.407 of
				  this title (relating to Practicum Standards);
(5) pass the criminal history standards
				  described in §
											140.431
				  of this title (relating to Criminal History Standards);
(6) sign a written agreement to abide by the
				  ethical standards contained in §
											140.423
				  of this title (relating to Professional and Ethical Standards for all License
				  Holders); and
(7) be worthy of the
				  public trust and confidence as determined by the department.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.406 - Standards for 270 Educational Hours

Current through Reg. 49, No. 28; July 12, 2024
(a) At
				  least 135 clock hours (nine semester hours) of the education must be specific
				  to substance use disorders and their treatment. The remaining 135 clock hours
				  may be specific or related to chemical dependency counseling. Related education
				  hours may include courses in psychology, sociology, counseling, mental health,
				  behavioral science, psychiatric nursing, ethics, and rehabilitation
				  counseling.
(b) The education shall
				  be provided by a career school or college, or an accredited institution of
				  higher education.
(c) Educational
				  hours obtained at a career school or college must follow the curriculum for
				  Transdisciplinary Foundations outlined in the KSAs:
(1) Understanding Addiction;
(2) Treatment Knowledge;
(3) Application to Practice; and
(4) Professional Readiness.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.407 - Practicum Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) The practicum
				  shall be completed under the administration of a career school or an accredited
				  institution of higher education.
(b) The applicant must complete the practicum
				  under the administration of a single school.
(c) The department will not accept a
				  practicum without an official transcript from the school and a letter from the
				  school's educational coordinator or chair verifying that the practicum was
				  completed in the field of substance abuse.
(d) Practicum hours may be paid or
				  voluntary.
(e) The practicum shall
				  be delivered according to a written training curriculum that provides the
				  student with an orientation to treatment services and exposure to treatment
				  activities in each of the KSA dimensions. The practicum must include the intern
				  observing treatment delivery and the intern providing services under direct
				  observation. The practicum shall include at least 20 hours of experience in
				  each of the KSA dimensions.
(f) All
				  practicum training shall be provided by qualified credentialed counselors
				  (QCCs).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.408 - Requirements for LCDC Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) To
				  be eligible for, and to complete an initial application for, a chemical
				  dependency counselor license under this subchapter, an individual must:
(1) complete the application required under
				  §
											140.404
				  of this title (relating to LCDC Licensure Application Standards and Counselor
				  Intern Registration);
(2) meet the
				  requirements to be a counselor intern in §
											140.405
				  of this title (relating to Requirements for Counselor Intern
				  Registration);
(3) hold an
				  associate degree or more advanced degree, with the exception of those LCDCs who
				  are renewing an existing license;
(4) complete 4,000 hours of approved
				  supervised experience working with chemically dependent individuals as
				  described in §
											140.409
				  of this title (relating to Standards for Supervised Work Experience);
(5) pass the written chemical dependency
				  counselor examination approved by the department;
(6) submit an acceptable written case
				  presentation to the test administrator;
(7) submit two letters of recommendation from
				  LCDCs;
(8) submit written assurance
				  that the individual has access to an approved peer assistance program. The
				  department may waive this requirement if the department determines, based upon
				  information submitted by the applicant sufficient to support the determination,
				  that a peer assistance program is not reasonably available to the individual;
				  and
(9) pay the initial LCDC
				  licensure fee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.409 - Standards for Supervised Work Experience

Current through Reg. 49, No. 28; July 12, 2024
(a) An LCDC applicant must be registered with
				  the department as described in §
										140.404
				  and §
										140.405
				  of this title (relating to LCDC Licensure Application Standards and Counselor
				  Intern Registration, and Requirements for Counselor Intern Registration) before
				  accumulating supervised work experience.
(b) All supervised work experience obtained
				  in Texas and all chemical dependency counseling services offered or provided by
				  a CI must be completed at a registered CTI or under the supervision of a CCS.
				  The department will not accept hours from an unregistered CTI or from a CCS
				  that has not been certified by the department.
(c) Work experience must be documented on the
				  department's supervised work experience documentation form and signed by a CTI
				  coordinator or a CCS.
(1) All hours included
				  in the documented supervised work experience must be performed within the KSA
				  dimensions and in compliance with the Professional and Ethical Standards set
				  forth in §
											140.423
				  of this title (relating to Professional and Ethical Standards for all License
				  Holders).
(2) The supervised work
				  experience form must be accompanied by the counselor intern's job description
				  reflecting duties in the KSA dimensions.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.410 - Clinical Training Institution (CTI) Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) To become a registered clinical training
				  institution (CTI), a person shall:
(1)
				  provide activities in an array of the KSA dimensions, including assessment and
				  counseling;
(2) serve a
				  predominantly substance-abusing population;
(3) employ a full time QCC as the CTI
				  coordinator;
(4) be in good
				  standing, with no pending disciplinary actions, with applicable licensing and
				  regulatory agencies;
(5) agree to
				  comply with applicable rules in this subchapter; and
(6) submit a complete application.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.411 - Certified Clinical Supervisor (CCS) Certification Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) To become a
				  certified clinical supervisor, an individual shall:
(1) be a QCC, as set forth in §
											140.400 of
				  this title (relating to Definitions), in good standing, with no active
				  suspension or probated suspension in effect against the individual's license,
				  and no unpaid administrative penalties;
(2) submit verification of current
				  certification as a clinical supervisor issued by the International
				  Certification and Reciprocity Consortium or one of its member boards;
(3) submit a plan of activities, to be
				  implemented for any CI the CCS supervises, in an array of the KSA dimensions,
				  including assessment and counseling;
(4) serve a predominantly substance-abusing
				  population;
(5) submit a completed
				  application;
(6) submit two sets of
				  fingerprints completed according to department instructions, if the individual
				  has not previously submitted fingerprints for the purposes of licensure under
				  this subchapter, and pass the criminal history standards described in §
											140.431
				  of this title (relating to Criminal History Standards);
(7) pay the background investigation fee, if
				  the individual has not previously paid this fee for the purposes of licensure
				  under this subchapter; and
(8) pay
				  the application and certification fee.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.412 - LCDC Licensure Examination

Current through Reg. 49, No. 28; July 12, 2024
(a) To be
				  eligible for the LCDC licensure examination, an applicant shall:
(1) be registered with the department as a
				  counselor intern;
(2) submit an
				  acceptable case study to the test administrator; and
(3) pay the examination fee to the test
				  administrator.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.414 - LCDC Licensure Through Reciprocity

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  individual licensed or certified in another state as a chemical dependency
				  counselor may apply for licensure as an LCDC through reciprocity by submitting:
(1) a copy of the reciprocal license or
				  certification, with verified information from the issuing authority as to any
				  disciplinary history;
(2) the
				  department's current reciprocity application, which has been completed, signed,
				  dated, and notarized;
(3) two sets
				  of fingerprints completed according to department instructions;
(4) a recent full-face wallet-sized
				  photograph of the applicant;
(5)
				  two letters of recommendation; and
(6) the application fee and the background
				  investigation fee;
(7) proof of
				  successful completion of a licensing examination approved by the department;
				  and
(8) an official transcript
				  showing that the individual holds an associate degree or more advanced
				  degree.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.415 - Issuing Licenses

Current through Reg. 49, No. 28; July 12, 2024
(a) Absent action
				  by the department against the applicant under §
										140.426 of
				  this title (relating to Disciplinary Actions), the department will issue the
				  applicable form of license under this subchapter when the applicant has met all
				  requirements and paid all required fees for the license.
(b) All licensees under this subchapter shall
				  keep current versions of the certificate of licensure and the department's
				  public complaint notice containing the current name, mailing address, and
				  telephone number for the department, and a statement that a complaint against a
				  licensee under this subchapter may be directed to the department, prominently
				  displayed in their place of business. LCDCs may apply an adhesive label issued
				  by the Texas Certification Board of Addiction Professionals with the
				  designation and expiration date of any other related certification held by the
				  license holder that is approved by the International Certification and
				  Reciprocity Consortium or another person approved by the department.
(c) A licensee shall not duplicate a
				  licensure certificate to obtain a second copy of the license. A licensee may
				  obtain an official duplicate certificate from the department by submitting a
				  written request and the fee specified in §
										140.403 of this
				  title (relating to Fees).
(d) The
				  department will replace a lost or damaged certificate if the licensee provides:
(1) the remnants of the original licensure
				  certificate (if damaged);
(2) the
				  original licensure certificate and copy of legal documents (for a name
				  change);
(3) the original licensure
				  certificate (for printing error); or
(4) a notarized statement if the licensure
				  certificate has been lost, stolen, or destroyed.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.416 - LCDC License Expiration, Renewal, and Continuing Education Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) An LCDC license
				  issued under this subchapter is valid until the expiration date printed on the
				  license, which is calculated on a two-year renewal cycle from the date of
				  original licensure. The licensee is responsible for renewing the license in a
				  timely manner. The department will send the licensee a renewal notice, but
				  failure to receive notice from the department does not waive or extend renewal
				  deadlines.
(b) To renew a license,
				  the LCDC shall:
(1) send a complete renewal
				  application to the department;
(2)
				  pay the renewal and renewal application fees as set forth in §
											140.403 of this
				  title (relating to Fees);
(3) meet
				  the criminal history standards described in §
											140.431
				  of this title (relating to Criminal History Standards); and
(4) complete all required continuing
				  education as described in §
											140.418
				  of this title (relating to Continuing Education Standards).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.418 - Continuing Education Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department will accept continuing education (CE) hours that meet the
				  criteria in this section. Hours that do not meet these criteria may be
				  evaluated on a case-by-case basis.
(b) Subject to department review, the
				  department will accept continuing education credits approved by:
(1) recognized state boards, including, but
				  not limited to the Texas State Board of Social Work Examiners, the Texas State
				  Board of Examiners of Marriage and Family Therapists, and the Texas State Board
				  of Examiners of Professional Counselors;
(2) the National Association of Alcohol and
				  Drug Abuse Counselors; and
(3) the
				  Texas Certification Board for Addiction Professionals.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.419 - Inactive Status

Current through Reg. 49, No. 28; July 12, 2024
(a) An LCDC may
				  request to have his or her license placed on inactive status by submitting a
				  written request and paying the inactive status fee before the license expires.
				  Inactive status shall not be granted unless the license is current and in good
				  standing.
(b) A person on inactive
				  status cannot perform activities outlined in the KSA dimensions, represent
				  himself or herself as an LCDC, or act in the capacity of a QCC. A person is
				  subject to investigation and enforcement action during the period of inactive
				  status.
(c) Inactive status shall
				  not exceed two years and is not renewable.
(d) To return to active status, the person
				  shall submit a written request to reactivate the license, a completed renewal
				  application form, the renewal application fee and the license renewal fee, and
				  documentation of 20 hours of continuing education obtained within the inactive
				  status period. The continuing education shall include the courses described in
				  §
										140.416(k)
				  of this title (relating to LCDC License Expiration, Renewal, and Continuing
				  Education Requirements).
(e) An
				  inactive license will automatically expire at the end of the two-year inactive
				  period. Renewal of an expired inactive license shall be subject to the
				  provisions set forth in §504.203 of the Act (relating to License
				  Renewal).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.420 - Peer Assistance Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department may issue or renew, as applicable, a license, registration or
				  certification to an individual convicted or placed on community supervision in
				  any jurisdiction for a drug or alcohol offense described in §
										140.431
				  of this title (relating to Criminal History Standards) if the department
				  determines that the applicant has successfully completed participation in an
				  approved peer assistance program.
(b) A peer assistance program shall identify,
				  assist, and monitor participating LCDCs whose ability to perform a professional
				  service is impaired or likely to be impaired by abuse of or dependency on drugs
				  or alcohol, so that the individuals may return to safe practice. An LCDC who
				  meet the standard for participation shall be referred to in this section as an
				  "impaired professional." A peer assistance program shall offer support and
				  assistance with a rehabilitative emphasis rather than a disciplinary
				  emphasis.
(c) To become an approved
				  peer assistance program, a professional association shall:
(1) submit an application form prescribed by
				  the department;
(2) submit a
				  written description of the peer assistance program that includes:
(A) goals and objectives, including criteria
				  for successful completion of the peer assistance program;
(B) target population;
(C) the plan for ensuring services are
				  available throughout the state;
(D)
				  how the following areas are to be addressed:
(i) identification of and intervention with
				  impaired professionals;
(ii)
				  assistance with accessing quality treatment;
(iii) monitoring, support, and evaluation of
				  participants;
(iv) intervention in
				  crises, including relapses; and
(v)
				  support during the reentry by participants to professional practice or
				  instructional roles.
(E)
				  staffing plans, minimum staff qualifications by position, and planned staffing
				  levels relative to numbers of participants.
(F) the plan for program quality assurance
				  and self-evaluation; and
(G) the
				  methods that will be utilized to promote and encourage use of the
				  program.
(3) meet the
				  minimum criteria established for peer assistance programs under Texas Health
				  and Safety Code, Chapter 467 and Chapter 451 of this title, as well as any
				  additional criteria set forth in this section and in Texas Occupations Code,
				  §
											504.057
				  for peer assistance programs for LCDCs. An approved peer assistance program
				  will remain subject to and comply with these provisions once approved. In the
				  event of direct conflict between any of the provisions, the provisions of Texas
				  Occupations Code, §
											504.057
				  and this section shall govern.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.421 - Standards for the Training and Supervision of Counselor Interns

Current through Reg. 49, No. 28; July 12, 2024
(a) A CTI shall
				  appoint a single training coordinator who is a qualified credentialed counselor
				  (QCC). The CTI coordinator or a CCS shall oversee all training activities and
				  ensure compliance with department requirements and rules relating to the
				  training and supervision of CIs.
(b) The CTI or CCS shall establish acceptance
				  criteria for CIs. No applicant shall be accepted to a CTI or accepted for CCS
				  supervision without:
(1) documentation that
				  the applicant is registered as a counselor intern with the department;
				  and
(2) a signed ethics agreement
				  that is consistent with the Professional and Ethical Standards in §
											140.423
				  of this title (relating to Professional and Ethical Standards).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.422 - Direct Supervision of Interns

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Direct supervision is oversight and direction of a counselor intern by a CCS,
				  or either the CTI coordinator or the intern's supervising QCC at a CTI, which
				  complies with the provisions in this section. Nothing in this section or
				  subchapter shall be construed to authorize the provision of chemical dependency
				  treatment without a license, where a license is required under Texas Health and
				  Safety Code, Chapter 464 and Chapter 448 of this title.
(b) The CCS, or the CTI coordinator and the
				  intern's supervising QCC at a CTI, shall assume responsibility for the actions
				  of the intern within the scope of the intern's clinical training.
(c) If the intern has less than 2,000 hours
				  of supervised work experience, the supervisor must be on site when the intern
				  is providing services. If the intern has at least 2,000 hours of documented
				  supervised work experience, the supervisor may be on site or immediately
				  accessible by telephone.
(d) During
				  an intern's first 1,000 hours of supervised work experience (Level I), the CCS,
				  or the CTI coordinator or intern's supervising QCC at a CTI, shall:
(1) be on duty at the program site where the
				  intern is working;
(2) observe and
				  document the intern performing assigned activities at least once every two
				  weeks (or at least once every 80 hours of the CI's work schedule);
(3) provide and document one hour of
				  face-to-face individual or group supervision each week; and
(4) sign off on all clinical assessments,
				  treatment plans, and discharge summaries completed by the intern.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.423 - Professional and Ethical Standards for all License Holders

Current through Reg. 49, No. 28; July 12, 2024
(a) A licensee shall not discriminate against
				  any client or other person on the basis of gender, race, religion, age,
				  national origin, disability, sexual orientation, or economic
				  condition.
(b) A licensee shall
				  maintain objectivity, integrity, and the highest standards in providing
				  services to the client.
(c) A
				  licensee shall:
(1) in addition to complying
				  with any other applicable reporting requirements, promptly report to the
				  department any suspected, alleged, or substantiated incidents of abuse,
				  neglect, or exploitation committed by oneself or another licensee under this
				  subchapter;
(2) unless otherwise
				  prohibited by law, promptly report to the department violations of Texas
				  Occupations Code, Chapter 504 (relating to Chemical Dependency Counselors), or
				  rules adopted under the Act, including violations of this subchapter by oneself
				  or another licensee;
(3) recognize
				  the limitations of the licensee's ability and shall not offer services outside
				  the licensee's scope of practice or licensure or use techniques that exceed the
				  person's license authorization or professional competence; and
(4) make every effort to prevent the practice
				  of chemical dependency counseling by unqualified or unauthorized
				  persons.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.424 - Standards for Private Practice

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This subsection applies to counseling records of an LCDC's private practice.
				  Documentation of professional services rendered in another setting shall be
				  created and maintained in accordance with any legal requirements for
				  documentation applicable to the particular setting in which they were provided.
(1) The counselor shall establish and
				  maintain a record for every client at the time of initial service delivery. The
				  client record shall include:
(A) client
				  identifying information;
(B)
				  assessment results, including a statement of the client's problems and/or
				  diagnosis;
(C) plan of
				  care;
(D) documentation of all
				  services provided, including date, duration, and method of delivery;
				  and
(E) a description of the
				  client's status at the time services are discontinued.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.425 - Complaint and Investigation Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The provisions of this section shall apply to complaints against a licensee
				  under this subchapter, notwithstanding the provisions of §
										442.102
				  of this title (relating to Complaints and Investigations).
(b) A person wishing to report an alleged
				  violation of the Act or this subchapter may file a complaint with the
				  department. All complaints shall be in writing and under oath.
(c) Upon receipt of a complaint, the
				  department will send an acknowledgment letter to the complainant, together with
				  the department's policies and procedures pertaining to complaint investigation
				  and resolution. The department may accept an anonymous complaint if there is
				  sufficient information for the investigation.
(d) The department will document, evaluate,
				  prioritize, and investigate complaints based on the seriousness of the alleged
				  violation and the level of client or participant risk, and will make any report
				  to another agency required by law.
(e) Prior to or during an investigation, the
				  department will request a response from the licensee or person against whom a
				  complaint has been filed, and provide the department's policies and procedures
				  pertaining to complaint investigation and resolution. The licensee or person
				  against whom an alleged violation has been filed shall respond within 15
				  working days of receipt of the department's request.
(f) Pursuant to a department investigation
				  regarding an alleged violation of the Act or this subchapter, a licensee shall
				  produce records, documents and other evidence related to the license,
				  registration, or approval to the department, upon request, unless otherwise
				  prohibited by law. A licensee shall not interfere with the department's access
				  to clients, witnesses or other parties.
(g) If it is determined that the matters
				  alleged in the complaint are non-jurisdictional, or if the matters alleged in
				  the complaint would not constitute a violation of the Act or this subchapter,
				  the department may close the complaint and give written notice of the closure
				  to the person against whom the complaint was filed and the
				  complainant.
(h) The department may
				  refer complaints outside its jurisdiction, or also within the jurisdiction of
				  another licensing program within the department or of another agency, to the
				  appropriate program or agency for action, as permitted by law.
(i) The department, at least quarterly and
				  until final disposition of the complaint, shall notify the person filing the
				  complaint and each person against whom the complaint was made of the status of
				  the complaint, unless the notice would jeopardize an undercover
				  investigation.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.426 - Disciplinary Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
				  of this section shall apply to all types of licensees under this subchapter,
				  notwithstanding the provisions of §
										442.103
				  of this title (relating to Procedure for Contested Cases for Counselor and
				  Facility Licenses), and shall not limit the authority of the department to take
				  any other action against a license, registration, or certification, or the
				  holder of, or applicant for, a license, registration, or certification, under
				  §
										140.431
				  of this title (relating to Criminal History Standards), or as otherwise
				  authorized by applicable statute or rule.
(b) The department may take action as
				  authorized under subsection (c) of this section if an applicant for, or holder
				  of, a license, registration, or certification issued under this subchapter:
(1) violates or assists another to violate
				  the Act, a rule under this subchapter, or an Order issued under the Act or this
				  subchapter's rules;
(2) circumvents
				  or attempts to circumvent the Act or a rule under this subchapter;
(3) directly or indirectly participates in a
				  plan to evade the Act or a rule under this subchapter;
(4) has a license to practice chemical
				  dependency counseling in another jurisdiction refused, suspended, or revoked
				  for a reason that the department determines would constitute a violation of the
				  Act or a rule under this subchapter;
(5) engages in false, misleading, or
				  deceptive conduct as defined by Business and Commerce Code, §
											17.46;
(6) engages in conduct that discredits or
				  tends to discredit the profession of chemical dependency counseling;
(7) directly or indirectly reveals a
				  confidential communication made to the person by a client or recipient of
				  services, except as required or permitted by law;
(8) refuses to perform an act or service the
				  person is licensed to perform under this subchapter on the basis of the
				  client's or recipient's age, sex, race, religion, national origin, color, or
				  political affiliation; or
(9)
				  commits an act for which liability exists under Civil Practice and Remedies
				  Code, Chapter 81 (Relating to Sexual Exploitation By Mental Health Services
				  Provider).
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.427 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) The provisions
				  of this section shall apply to administrative penalties proposed or assessed
				  against any person for violation of the Act or a rule under this subchapter,
				  notwithstanding the provisions of §
										442.104
				  of this title (relating to Administrative Penalties for Licensed Facilities and
				  Counselors and Offender Education Programs).
(b) The amount of an administrative penalty
				  shall be based on the following criteria:
(1)
				  the seriousness of the violation;
(2) the history of previous
				  violations;
(3) the amount
				  necessary to deter a future violation;
(4) efforts made to correct the violation;
				  and
(5) any other matter that
				  justice requires.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.429 - Voluntary Surrender of License, Certification, or Registration In Response to a Complaint

Current through Reg. 49, No. 28; July 12, 2024
(a) When a licensee
				  has offered the surrender of that person's license in response to a complaint,
				  the department will consider whether to accept the surrender of the license. A
				  licensee will be deemed to have offered the surrender of that person's license
				  in response to a complaint when the surrender is offered after the licensee has
				  received notice that a complaint has been received by the department. A
				  licensee will be deemed to have received notice that a complaint has been
				  received by the department three days after a letter notifying the licensee is
				  mailed by the department.
(b)
				  Surrender of a license without the department's acceptance thereof shall not
				  deprive the department of jurisdiction under the Act, this subchapter, or other
				  applicable law.
(c) When the
				  department accepts the surrender of a license offered in response to a
				  complaint, the license surrender is deemed to be the result of a formal
				  disciplinary action and an order shall be prepared accepting the license
				  surrender on that basis.
(d) If the
				  department accepts the surrender of a license offered in response to a
				  complaint, the person is not eligible to apply for a license, registration, or
				  certification under this subchapter for a minimum of two years after the date
				  of acceptance of the surrender.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.431 - Criminal History Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The department reviews the criminal history of each applicant for initial
				  licensure, certification, and registration. Reviews are also conducted when the
				  department receives information that a licensee has been charged, indicted,
				  placed on deferred adjudication, community supervision, or probation, or
				  convicted of an offense described in subsection (d) of this section.
(b) An applicant shall disclose and provide
				  complete information about all misdemeanor and felony charges, indictments,
				  deferred adjudications, episodes of community supervision or probation, and
				  convictions. Failure to make full and accurate disclosure may be grounds for
				  application denial or disciplinary action, including revocation, against the
				  applicant for, or holder of, a license, registration, or
				  certification.
(c) The department
				  obtains criminal history information from the Texas Department of Public
				  Safety, including information from the Federal Bureau of Investigations
				  (FBI).
(d) For purposes of this
				  section, the department has identified the following offenses as offenses
				  directly related to the duties and responsibilities of the licenses,
				  certifications, and registrations issued under this subchapter, and has
				  categorized them according to the seriousness of the offense. The provisions of
				  this section shall not limit the authority of the department to take any other
				  action against a license, registration, or certification, or the holder of, or
				  applicant for, a license, registration, or certification, as otherwise
				  authorized by applicable statute or rule.
(1)
				  Category X includes:
(A) capital
				  offenses;
(B) sexual offenses
				  involving a child victim;
(C)
				  felony sexual offenses involving an adult victim who is a client (one or more
				  counts);
(D) multiple counts of
				  felony sexual offenses involving any adult victim; and
(E) homicide 1st degree.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.432 - Request for Criminal History Evaluation Letter

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with Occupations Code,
				  §
										53.102,
				  a person may request the department to issue a criminal history evaluation
				  letter regarding the person's eligibility for a license if the person:
(1) is enrolled or planning to enroll in an
				  educational program that prepares a person for an initial license or is
				  planning to take an examination for an initial license; and
(2) has reason to believe that the person is
				  ineligible for the license due to a conviction or deferred adjudication for a
				  felony or misdemeanor offense.
Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 140 - HEALTH PROFESSIONS REGULATION › Subchapter I - LICENSED CHEMICAL DEPENDENCY COUNSELORS › Section 140.433 - Licensing, Certification, or Registration of Military Service Members, Military Veterans, and Military Spouses

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  This section sets out certain initial licensing and license renewal procedures
				  specific to military service members, military veterans, and military spouses,
				  pursuant to Occupations Code, Chapter 55 (relating to Licensing of Military
				  Service Members, Military Veterans, and Military Spouses). For purposes of this
				  section:
(1) "Active duty" means current
				  full-time military service in the armed forces of the United States or active
				  duty military service as a member of the Texas military forces, as defined by
				  Government Code, §
											437.001 or similar
				  military service of another state.
(2) "Armed forces of the United States" means
				  the army, navy, air force, coast guard, or marine corps of the United States or
				  a reserve unit of one of those branches of the armed forces.
(3) "License" means a license, certificate,
				  registration, permit, or other form of authorization required by law or a state
				  agency rule that must be obtained by an individual to engage in a particular
				  business.
(4) "Military service
				  member" means a person who is on active duty.
(5) "Military spouse" means a person who is
				  married to a military service member.
(6) "Military veteran" means a person who has
				  served on active duty and who was discharged or released from active duty.