reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter D - FACILITY LICENSURE INFORMATION › Section 564.401 - License Required

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  providing or offering chemical dependency treatment in Texas shall have a
				  license issued by the Texas Health and Human Services Commission (HHSC) unless
				  it is:
(1) a facility maintained or operated
				  by the Federal government or its agencies;
(2) a facility directly operated by the State
				  of Texas;
(3) a facility licensed
				  by HHSC under Texas Health and Safety Code Chapter 241, 243, 248, 466, or
				  577;
(4) an educational program for
				  intoxicated drivers;
(5) an
				  individual who personally provides counseling or support services to a person
				  with a chemical dependency but does not offer or purport to offer a chemical
				  dependency treatment program;
(6)
				  the private practice of a licensed health care practitioner or licensed
				  chemical dependency counselor who personally renders individual or group
				  services within the scope of the practitioner's license and in the
				  practitioner's office;
(7) a
				  religious organization registered under Texas Health and Safety Code Chapter
				  464, Subchapter C;
(8) a 12-step or
				  similar self-help chemical dependency recovery program:
(A) that does not offer or purport to offer a
				  chemical dependency treatment program;
(B) that does not charge program
				  participants; and
(C) in which
				  program participants may maintain anonymity;
(9) a juvenile justice facility or juvenile
				  justice program, as defined by Texas Family Code §
											261.405;
				  or
(10) a satellite office or
				  location in which the person providing services is operating under the
				  supervision of a licensed outpatient care facility and the services delivered
				  at the satellite site fall within the scope of the licensure of the outpatient
				  care facility.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter D - FACILITY LICENSURE INFORMATION › Section 564.402 - Variances

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission's executive director or
				  designee may grant a temporary variance to a facility or group of
				  facilities.
(b) To be eligible for
				  a variance, a facility shall show:
(1) an
				  alternative method is used to meet the intent of the rule; and
(2) the variance will not jeopardize the
				  health, safety, or welfare of clients or compromise substance abuse
				  services.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter D - FACILITY LICENSURE INFORMATION › Section 564.403 - New Licensure Application

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  applicant for initial licensure shall submit a complete licensure application,
				  operational plan as described in § 148.502 of this title (relating to
				  Operational Plan, Policies and Procedures), items outlined on the new applicant
				  checklist, proof of liability insurance, and an application fee.
(b) Within 45 days of receipt of the
				  application, the Commission will notify the applicant that the application is
				  materially complete or specify the additional information required.
(c) The applicant shall submit all requested
				  materials and correct any deficiencies identified by the Commission within
				  specified time frames.
(d) If an
				  on-site inspection is necessary, the Commission will conduct the inspection
				  within 45 days of receiving a materially complete application packet. The
				  Commission will notify the provider of any deficiencies identified during an
				  on-site inspection within 30 days, and the provider shall provide evidence of
				  sufficient corrective action within the timeframe specified in the inspection
				  report.
(e) The Commission will
				  issue the license within 45 days of receiving all required evidence of
				  compliance and all required fees.
(f) If an applicant fails to provide evidence
				  of compliance within six months from the date the application is received, the
				  application will be denied. Six months after the date of denial, the applicant
				  may reapply by submitting a new application and application fee.
(g) The applicant shall not provide chemical
				  dependency treatment before receiving written notice of licensure
				  approval.
(h) The facility shall
				  display its licensure certificate prominently at each outpatient location and
				  each approved residential site.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter D - FACILITY LICENSURE INFORMATION › Section 564.404 - Licensure Renewal

Current through Reg. 49, No. 28; July 12, 2024
(a) A license
				  issued by the Commission expires two years from the date of issuance.
(b) The licensee shall file a request for
				  renewal and pay the renewal fee at least 60 days before the license expires.
				  Failure to file the required renewal and pay the renewal fee as specified may
				  delay approval.
(c) The facility
				  shall not provide services after the license expiration date unless it has
				  submitted the application update and fee by the date of expiration.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter D - FACILITY LICENSURE INFORMATION › Section 564.405 - Changes in Status

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  shall submit the appropriate application and fees and receive written approval
				  before:
(1) adding a new detoxification
				  service;
(2) adding a new
				  residential site;
(3) moving to a
				  new residential site; or
(4)
				  increasing the number of beds in a residential program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter D - FACILITY LICENSURE INFORMATION › Section 564.406 - Inactive Status and Closure

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Inactive Status. The Commission will automatically retire the license of a
				  facility site in which services are suspended or not provided for more than 60
				  days, unless the facility sends a written request to place the license on
				  inactive status. To be eligible for inactive status, the facility must be in
				  good standing with no pending legal actions or investigations.
(1) If granted, inactive status is limited to
				  60 days. The licensee is responsible for all licensure fees and for proper
				  maintenance of client records while on inactive status.
(2) To reactivate the license, the facility
				  shall submit a written request to reactivate the license no later than the date
				  the inactivation period expires.
(3) If the license is not reactivated, it
				  will be automatically retired at the end of the 60 day deactivation
				  period.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter D - FACILITY LICENSURE INFORMATION › Section 564.407 - Licensure Inspection

Current through Reg. 49, No. 28; July 12, 2024
The Commission may conduct a scheduled or unannounced
					 inspection or request materials for review at reasonable times, including any
					 time treatment services are provided. The facility shall allow Commission staff
					 to access the facility's grounds, buildings, and records. The facility shall
					 allow Commission staff to interview members of the governing body, staff, and
					 clients. The facility shall make all property, records, and documents available
					 upon request for examination, copy, or reproduction, on or off
					 premises.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter D - FACILITY LICENSURE INFORMATION › Section 564.408 - Licensure Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  shall pay the full licensure fee for any licensure period during which it
				  provides chemical dependency treatment. Failure to notify the licensure
				  department of closure does not excuse a licensee from paying fees.
(b) Fees shall be paid in full by cashier's
				  check, or money order.
(c) The
				  schedule for licensure fees is:
(1) base fee
				  for initial and renewal licenses, which includes application and review
				  fees--$1,200;
(2) fee for each
				  outpatient or residential site located at a separate physical address--$125;
				  and
(3) fee per bed--$35.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter D - FACILITY LICENSURE INFORMATION › Section 564.409 - Action Against a License

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission may take action as described herein against an applicant for
				  licensure or a facility if the applicant, licensee, owner, member of the
				  governing body, administrator, or clinical staff member, or any other personnel
				  associated with the applicant or licensee:
(1) has a documented history of client abuse,
				  exploitation, or neglect;
(2)
				  violates any provision of TEX. HEALTH & SAFETY CODE ANN. ch.464 (Vernon
				  2001 & Supp. 2004), or any other applicable statute, or a Commission rule;
				  or
(3) owes the Commission
				  money.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter E - FACILITY REQUIREMENTS › Section 564.501 - Facility Organization

Current through Reg. 49, No. 28; July 12, 2024
(a) Governing
				  Body. If incorporated, the facility shall have a governing body and shall have
				  legal authority to operate in the State of Texas. If the organization is
				  governed by a board of directors, the board shall meet with sufficient
				  frequency to monitor the quality of care provided and maintain minutes for each
				  meeting. The governing body shall ensure that members are provided training
				  regarding their responsibilities and liabilities.
(b) Organizational Structure. The facility
				  shall maintain current documentation of the organization's staffing structure,
				  including lines of supervision and the number of staff members for each
				  position.
(c) Facility Contact
				  Information. The facility shall provide the Commission's facility licensure
				  department with a current mailing address, electronic mail address (if any),
				  contact name, and contact phone number in writing or through electronic mail
				  and shall update that information in writing or through electronic mail when
				  there are changes. The facility is deemed to have received any correspondence
				  or notice mailed to the address provided.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter E - FACILITY REQUIREMENTS › Section 564.502 - Operational Plan, Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility shall operate according to
				  an operational plan. The operational plan shall reflect:
(1) program purpose or mission
				  statement;
(2) services and how
				  they are provided;
(3) description
				  of the population to be served; and
(4) goals and objectives of the
				  program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter E - FACILITY REQUIREMENTS › Section 564.503 - Reporting Measures

Current through Reg. 49, No. 28; July 12, 2024
Facilities shall submit the following information annually,
					 electronically or in paper form, in a format provided by the Commission, unless
					 a current contract with TCADA is in effect:
(1) total number of clients served by
				  diagnosis;
(2) gender of clients
				  served;
(3) ethnicity of clients
				  served;
(3) ages of clients
				  served;
(4) primary and secondary
				  drug at admission;
(5) discharge
				  reason per treatment episode, including length of stay at time of discharge;
				  and
(6) average percent of
				  occupancy for each residential program.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter E - FACILITY REQUIREMENTS › Section 564.504 - Quality Management

Current through Reg. 49, No. 28; July 12, 2024
The facility shall develop procedures and implement a
					 quality management process. The procedures shall address at a minimum:
(1) goals and objectives that relate to the
				  program purpose or mission statement;
(2) methods to review the progress toward the
				  goals and a documented process to implement corrections or changes;
(3) a mechanism to review and analyze
				  incident reports, monitor compliance with rules and other requirements,
				  identify areas where quality is not optimal and procedures to analyze
				  identified issues, implement corrections, and evaluate and monitor their
				  ongoing effectiveness;
(4) methods
				  of utilization review to ensure appropriate client placement, adequacy of
				  services provided and length of stay; and
(5) documentation of the activities of the
				  quality management process.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter E - FACILITY REQUIREMENTS › Section 564.506 - Required Postings

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall post a legible copy of the following documents in a prominent public
				  location that is readily available to clients, visitors, and staff:
(1) the Client Bill of Rights;
(2) the Commission's current poster on
				  reporting complaints and violations; and
(3) the client grievance procedure.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter E - FACILITY REQUIREMENTS › Section 564.507 - General Documentation Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility shall keep complete, current
				  documentation.
(b) All documents
				  shall be factual and accurate.
(c)
				  All documents and entries shall be dated and authenticated by the person
				  responsible for the content.
(1)
				  Authentication of paper records shall be an original signature that includes at
				  least the first initial, last name, and credentials. Initials may be used if
				  the client record includes a document that identifies all individuals
				  initialing entries, including the full printed name, signature, credentials,
				  and initials.
(2) Authentication of
				  electronic records shall be by a digital authentication key.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter E - FACILITY REQUIREMENTS › Section 564.508 - Client Records

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall establish and maintain a single record for every client beginning at the
				  time of admission. The content of client records shall be complete, current,
				  and well organized.
(b) The
				  facility shall protect all client records and other client-identifying
				  information from destruction, loss, tampering, and unauthorized access, use or
				  disclosure.
(1) All active client records
				  shall be stored at the facility. Inactive records, if stored off-site, shall be
				  fully protected. All original client records shall be maintained in the State
				  of Texas.
(2) Information that
				  identifies those seeking services shall be protected to the same degree as
				  information that identifies clients.
(3) Electronic client information shall be
				  protected to the same degree as paper records and shall have a reliable backup
				  system.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter E - FACILITY REQUIREMENTS › Section 564.509 - Incident Reporting

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall report to the Commission's investigations division, all allegations of
				  client abuse, neglect, and exploitation. Acts constituting client abuse,
				  neglect and exploitation are specifically described in § 148.703 of this
				  title (relating to Abuse, Neglect, and Exploitation).
(b) The facility shall complete an internal
				  incident report for all client incidents, including:
(1) a violation of a client rights, including
				  but not limited to, allegations of abuse, neglect and exploitation;
(2) accidents and injuries;
(3) medical emergencies;
(4) psychiatric emergencies;
(5) medication errors;
(6) illegal or violent behavior;
(7) loss of a client record;
(8) personal or mechanical restraint or
				  seclusion;
(9) release of
				  confidential information without client consent;
(10) fire;
(11) death of an active outpatient or
				  residential client (on or off the program site);
(12) clients absent without permission from a
				  residential program;
(13) suicide
				  attempt by an active client (on or off the program site);
(14) medical and psychiatric emergencies that
				  result in admission to an inpatient unit of a medical or psychiatric facility;
				  and
(15) any other significant
				  disruptions.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter E - FACILITY REQUIREMENTS › Section 564.510 - Client Transportation

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  facility shall have a written policy on the use of facility vehicles and/or
				  staff to transport clients.
(b) If
				  the facility allows the use of facility vehicles and/or staff to transport
				  clients, it shall adopt transportation procedures which include the following.
(1) Any vehicle used to transport a client
				  must have appropriate insurance coverage for business use with a current safety
				  inspection sticker and license.
(2)
				  All vehicles used to transport clients must be maintained in safe driving
				  condition.
(3) Drivers must have a
				  valid driver's license.
(4) Drivers
				  and passengers must wear seatbelts at all times the vehicle is in operation as
				  required by law.
(5) A vehicle
				  shall not be used to transport more passengers than designated by the
				  manufacturer.
(6) Drivers shall not
				  use cell phones while driving.
(7)
				  Use of tobacco products shall not be allowed in the vehicle.
(8) Every vehicle used for client
				  transportation shall have a fully stocked first aid kit and an A:B:C fire
				  extinguisher that are easily accessible.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter F - PERSONNEL PRACTICES AND DEVELOPMENT › Section 564.601 - Hiring Practices

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility
				  whose personnel includes counselor interns shall be registered with the
				  Commission as a clinical training institution and comply with all applicable
				  requirements.
(b) The facility
				  shall verify by Internet, telephone or letter and document the current status
				  of all required credentials with the credentialing authority.
(c) The facility shall be aware of its
				  obligations under TEX. CIV. PRAC. & REM. CODE ANN. §81.003 (Vernon
				  1997 & Supp. 2004).
(d) The
				  facility shall obtain and assess the results of a criminal background check
				  from the Department of Public Safety on all staff within four weeks of the
				  hiring date. Individuals hired may not have any client contact until the
				  results of the criminal background check are assessed. The facility shall use
				  the criteria listed in TEX. OCC. CODE ANN. §53.022, §53.023 (Vernon
				  2004) to evaluate criminal history reports and make related employment
				  decisions.
(e) The facility shall
				  not hire an individual who has not passed a pre-employment drug test that meets
				  criteria established by the Commission. This requirement does not restrict
				  facilities from implementing random drug testing of its staff as permitted by
				  law.
(f) The facility shall develop
				  a job description which outlines job duties and minimum qualifications for all
				  personnel.
(g) The facility shall
				  maintain a personnel file for each employee, and all contractors, students and
				  volunteers with any direct client contact which contains documentation
				  demonstrating compliance with this section.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter F - PERSONNEL PRACTICES AND DEVELOPMENT › Section 564.602 - Students and Volunteers

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  facility shall ensure that students and volunteers comply with all applicable
				  rules.
(b) Students and volunteers
				  shall be qualified to perform assigned duties.
(c) Students and volunteers shall receive
				  orientation and training appropriate to their qualifications and
				  responsibilities.
(d) Students and
				  volunteers shall be appropriately supervised.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter F - PERSONNEL PRACTICES AND DEVELOPMENT › Section 564.603 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise specified, video,
				  manual, or computer-based training is acceptable if the supervisor discusses
				  and documents the material with the staff person in a face-to-face session to
				  highlight key issues and answer questions.
(b) The facility shall maintain documentation
				  of all required training.
(1) Documentation
				  of external training shall include:
(A) date;
(B) number of hours;
(C) topic;
(D) instructor's name; and
(E) signature of the instructor (or
				  equivalent verification).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter G - CLIENT RIGHTS › Section 564.702 - Client Grievances

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall have a written client grievance procedure.
(b) Staff shall give each client and
				  consenter a copy of the grievance procedure within 24 hours of admission and
				  explain it in clear, simple terms that the client understands.
(c) The grievance procedure shall tell
				  clients that they can:
(1) file a grievance
				  about any violation of client rights or Commission rules;
(2) submit a grievance in writing and get
				  help writing it if they are unable to read or write; and
(3) request writing materials, postage, and
				  access to a telephone for the purpose of filing a grievance.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter G - CLIENT RIGHTS › Section 564.703 - Abuse, Neglect, and Exploitation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Any person who receives an allegation or has reason to suspect that a client or
				  participant has been, is, or will be abused, neglected, or exploited by any
				  person shall immediately inform the Commission's investigations division and
				  the provider's chief executive officer or designee. If the allegation involves
				  the chief executive officer, it shall be reported directly to the provider's
				  governing body.
(1) The person shall also
				  report allegations of child abuse or neglect to the Texas Department of
				  Protective and Regulatory Services as required by TEX. FAM. CODE ANN.
				  §261.101 (Vernon 2002 & Supp. 2004).
(2) The person shall also report allegations
				  of abuse or neglect of an elderly or disabled individual to the Texas
				  Department of Protective and Regulatory Services as required by TEX. HUM. RES.
				  CODE ANN. §48.051 (Vernon 2001 & Supp. 2004).
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter G - CLIENT RIGHTS › Section 564.704 - Program Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) The facility
				  shall establish therapeutically sound written program rules addressing client
				  behavior designed to protect their health, safety, and welfare.
(b) The consequences for violating program
				  rules shall be defined in writing and shall include clear identification of
				  violations that may result in discharge. The consequences shall be reasonable,
				  take into account the client's diagnosis and progress in treatment, and shall
				  not include:
(1) physical discipline or
				  measures involving the denial of food, water, sleep, or bathroom privileges;
				  or
(2) discipline that is
				  authorized, supervised, or carried out by clients.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter G - CLIENT RIGHTS › Section 564.705 - Client Labor and Interactions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The facility shall not hire or utilize clients to fill staff positions. Former
				  clients are not eligible for employment at the facility until at least two
				  years after documented discharge from active treatment from the
				  facility.
(b) The facility shall
				  not require clients to participate in any fund raising or publicity activities
				  for the facility.
(c) The facility
				  and its personnel shall not enter into a business or personal relationship with
				  a client, give a personal gift to a client, or accept a personal gift of value
				  from a client until at least two years after services to the client
				  cease.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter G - CLIENT RIGHTS › Section 564.707 - Responding to Emergencies

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  facility shall ensure that staff have the training and resources necessary to
				  protect the health and safety of clients and other individuals during medical
				  and psychiatric emergencies.
(b)
				  The facility shall have written procedures for responding to medical and
				  psychiatric emergencies.
(c)
				  Emergency numbers shall be posted by all telephones.
(d) The facility shall have fully stocked
				  first aid supplies that are visible, labeled and easy to access.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter G - CLIENT RIGHTS › Section 564.708 - Searches

Current through Reg. 49, No. 28; July 12, 2024
(a) All facilities shall adopt a written
				  policy on client searches. Client searches include personal searches and
				  searches of a client's property or sleeping quarters. If client searches are
				  allowed, the facility shall adopt a written search procedure that ensures the
				  protection of client rights.
(b)
				  Client searches may only be conducted to protect the health, safety, and
				  welfare of clients, staff, or the facility.
(c) Searches shall be conducted in a
				  professional manner that maintains respect and dignity for the client. The
				  facility shall not conduct a directly observed strip search of any
				  client.
(d) A witness shall be
				  present during all client searches.
(e) Staff and witnesses involved in a
				  personal search must be the same gender as the client.
(f) Routine searches of possessions performed
				  when a client returns to a facility may be documented in a central log. All
				  other client searches shall be documented in the client record, including the
				  reason for the search, the result of the search, and the signatures of the
				  individual conducting the search and the witness.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter H - SCREENING AND ASSESSMENT › Section 564.801 - Screening

Current through Reg. 49, No. 28; July 12, 2024
(a) To be eligible for admission to a
				  treatment program, an individual must meet the current Diagnostic and
				  Statistical Manual of Mental Disorders (DSM) criteria for substance use
				  disorders (or substance withdrawal or intoxication in the case of a
				  detoxification program). The facility shall use a screening process appropriate
				  for the target population, individual's age, developmental level, culture, and
				  gender, which includes the Texas Department of Insurance (TDI) criteria to
				  determine eligibility for admission or referral including an assessment of the
				  client's financial resources and insurance benefits.
(b) The screening process shall collect other
				  information as necessary to determine the type of services that are required to
				  meet the individual's needs. This may necessitate the administration of all or
				  part of validated assessment instruments.
(c) TDI criteria shall guide referral and
				  treatment recommendations as well as placement decisions.
(d) Sufficient documentation shall be
				  maintained in the client record to support the diagnosis and justify the
				  referral or placement decision. Documentation shall include the date of the
				  screening and the signature and credentials of the Qualified Credentialed
				  Counselor (QCC) supervising the screening process.
(e) For admission to a detoxification
				  program, the screening will be conducted by a physician, the physician's
				  designee, physician assistant, nurse practitioner, registered nurse, or
				  licensed vocational nurse (LVN). An LVN may conduct a screening under the
				  following conditions:
(1) the LVN has
				  completed detoxification training and demonstrated competency in the
				  detoxification process;
(2) the
				  training and competency verification is documented in the LVN's personnel
				  file;
(3) the LVN shall convey in
				  person or via telephone the medical data obtained during the screening process
				  to a physician or the physician's designee, who shall determine the
				  appropriateness of the admission and authorize the admission or give
				  instructions for an alternative course of action; and
(4) the physician or the physician's designee
				  shall examine the client in person and sign the admission order within 24 hours
				  of authorizing admission.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter H - SCREENING AND ASSESSMENT › Section 564.802 - Admission Authorization and Consent to Treatment

Current through Reg. 49, No. 28; July 12, 2024
(a) A QCC shall authorize each admission in
				  writing and specify the level of care to be provided. If the screening
				  counselor or intern is not qualified to authorize admission, the QCC shall
				  review the results of the screening with the applicant, directly or indirectly,
				  before authorizing admission. The authorization shall be documented in the
				  client record and shall contain sufficient documentation to support the
				  diagnosis and the placement decision.
(b) The facility shall obtain written
				  authorization from the consenter before providing any treatment or medication.
				  The consent form shall be dated and signed by the client, the consenter, and
				  the staff person providing the information, and shall document that the client
				  and consenter have received and understood the following information:
(1) the specific condition to be
				  treated;
(2) the recommended course
				  of treatment;
(3) the expected
				  benefits of treatment;
(4) the
				  probable health and mental health consequences of not consenting;
(5) the side effects and risks associated
				  with the treatment;
(6) any
				  generally accepted alternatives and whether an alternative might be
				  appropriate;
(7) the qualifications
				  of the staff that will provide the treatment;
(8) the name of the primary
				  counselor;
(9) the client grievance
				  procedure;
(10) the Client Bill of
				  Rights as specified in § 148.701 of this title;
(11) the program rules, including rules about
				  visits, telephone calls, mail, and gifts, as applicable;
(12) violations that can lead to disciplinary
				  action or discharge;
(13) any
				  consequences or searches used to enforce program rules;
(14) the estimated daily charges, including
				  an explanation of any services that may be billed separately to a third party
				  or to the client, based on an evaluation of the client's financial resources
				  and insurance benefits;
(15) the
				  facility's services and treatment process; and
(16) opportunities for family to be involved
				  in treatment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter H - SCREENING AND ASSESSMENT › Section 564.803 - Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) A counselor or counselor intern shall
				  conduct and document a comprehensive psychosocial assessment with the client
				  admitted to the facility. The assessment shall document and elicit enough
				  information about the client's past and present status to provide a thorough
				  understanding of the following areas:
(1)
				  presenting problems resulting in admission;
(2) alcohol and other drug use;
(3) psychiatric and chemical dependency
				  treatment;
(4) medical history and
				  current health status, to include an assessment of Tuberculosis (TB), HIV and
				  other sexually transmitted disease (STD) risk behaviors as permitted by
				  law;
(5) relationships with
				  family;
(6) social and leisure
				  activities;
(7) education and
				  vocational training;
(8) employment
				  history;
(9) legal
				  problems;
(10) mental/emotional
				  functioning; and
(11) strengths and
				  weaknesses.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter H - SCREENING AND ASSESSMENT › Section 564.804 - Treatment Planning, Implementation and Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The counselor and client shall work
				  together to develop and implement an individualized, written treatment plan
				  that identifies services and support needed to address problems and needs
				  identified in the assessment. When appropriate, family shall also be involved.
(1) When the client needs services not
				  offered by the facility, appropriate referrals shall be made and documented in
				  the client record. When feasible, other QCCs or mental health professionals
				  serving the client from a referral agency should participate in the treatment
				  planning process.
(2) The client
				  record shall contain justification when identified needs are temporarily
				  deferred or not addressed during treatment.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter H - SCREENING AND ASSESSMENT › Section 564.805 - Discharge

Current through Reg. 49, No. 28; July 12, 2024
(a) The counselor and client/consenter shall
				  develop and implement an individualized discharge plan.
(b) Discharge plans shall be updated as the
				  client progresses through treatment and shall address the continued
				  appropriateness of the current treatment level.
(c) The discharge plan shall address
				  continuity of services to the client.
(1)
				  When a client is referred or transferred to another chemical dependency or
				  mental health service provider for continuing care, the facility shall contact
				  the receiving program before the client is discharged to make arrangements for
				  the transfer.
(2) Coordination
				  activities shall be documented in the client record, including timeframe for
				  client being able to access needed services and any constraints associated with
				  the referral.
(3) With proper
				  client consent, the facility shall provide the receiving program with copies of
				  relevant parts of the client's record.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.901 - Requirements Applicable to All Treatment Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Each client's treatment shall be based on
				  a treatment plan developed from the client's comprehensive
				  assessment.
(b) Group counseling
				  sessions are limited to a maximum of 16 clients. Group education and life
				  skills training sessions are limited to a maximum of 35 clients. This limit
				  does not apply to multi-family educational groups, seminars, outside speakers,
				  or other events designed for a large audience.
(c) Chemical dependency education and life
				  skills training shall follow a written curriculum. All educational sessions
				  shall include client participation and discussion of the material
				  presented.
(d) The program shall
				  provide education about Tuberculosis (TB), HIV, Hepatitis B and C, and sexually
				  transmitted diseases (STDs) based on the Texas Commission on Alcohol and Drug
				  Abuse Workplace and Education Guidelines for HIV and Other Communicable
				  Diseases.
(e) The program shall
				  provide education about the health risks of tobacco products and nicotine
				  addiction.
(f) The program shall
				  provide access to screening for TB and testing for HIV antibody, Hepatitis C,
				  and STDs.
(1) HIV antibody testing shall be
				  carried out by an entity approved by the Texas Department of Health.
(2) If a client tests positive, the program
				  shall refer the client to an appropriate health care provider.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.902 - Requirements Applicable to Detoxification Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A facility providing detoxification
				  services shall ensure every individual admitted to a detoxification program
				  meets the DSM criteria for substance intoxication or withdrawal.
(b) All detoxification programs shall ensure
				  continuous access to emergency medical care.
(c) The program shall have a medical director
				  who is a licensed physician. The medical director shall be responsible for
				  admission, diagnosis, medication management, and client care.
(d) The medical director or his/her designee
				  (physician assistant, or nurse practitioner) shall approve all medical
				  policies, procedures, guidelines, tools, and the medical content of all forms,
				  which shall include:
(1) screening instruments
				  and procedures;
(2) protocol or
				  standing orders for each major drug category of abusable drugs (opiates,
				  alcohol and other sedative-hypnotic/anxiolytics, inhalants, stimulants,
				  hallucinogens) that are consistent with guidelines published by nationally
				  recognized organizations (e.g., Substance Abuse and Mental Health Services
				  Administration, American Society of Addiction Medicine, American Academy of
				  Addiction Psychology);
(3)
				  procedures to deal with medical emergencies;
(4) medication and monitoring procedures for
				  pregnant women that address effects of detoxification and medications used on
				  the fetus; and
(5) special consent
				  forms for pregnant women identifying risks inherent to mother and
				  fetus.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.903 - Requirements Applicable to Residential Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Residential treatment provides 24-hour
				  per day, 7 days per week multidisciplinary professional clinical support to
				  facilitate recovery from addiction. Clients are housed in a residential site.
				  Comprehensive chemical dependency treatment services offer a structured
				  therapeutic environment.
(b) The
				  facility shall ensure access to the full continuum of treatment services and
				  will ensure sufficient treatment intensity to achieve treatment plan goals.
				  Intensity and content of treatment shall be appropriate to the client's needs
				  and consistent with generally accepted placement guidelines and standards of
				  care.
(c) Each individual admitted
				  to intensive residential services shall be appropriate for this treatment
				  setting, with written justification to support the admission.
(d) Intensive residential shall provide an
				  average of at least 30 hours of services per week for each client, comprised of
				  at least:
(1) ten hours of chemical
				  dependency counseling, (one hour of which shall be individual
				  counseling);
(2) ten hours of
				  additional counseling, chemical dependency education, life skills training,
				  relapse prevention education; and
(3) ten hours of planned, structured
				  activities monitored by staff. Five hours of these services shall occur on
				  weekends and evenings.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.904 - Requirements for Outpatient Treatment Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Outpatient programs are designed for
				  clients who do not require the more structured environment of residential
				  treatment to maintain sobriety.
(b)
				  Outpatient programs shall ensure access to full continuum of care and ensure
				  sufficiency of treatment intensity to achieve treatment plan goals. Intensity
				  and content of treatment shall be appropriate to the client's needs and
				  consistent with generally accepted placement guidelines and standards of
				  care.
(c) Each individual admitted
				  to an outpatient program shall be appropriate for this treatment setting, with
				  written justification to support the admission.
(d) Treatment includes individualized
				  treatment planning based on a comprehensive assessment, educational and process
				  groups, and individual counseling.
(e) Each client's progress is assessed
				  regularly by clinical staff to help determine the length and intensity of the
				  program for that client.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.905 - Additional Requirements for Adolescent Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Facilities providing adolescent
				  residential services shall:
(1) maintain
				  separation between adults and adolescents;
(2) have separate sleeping areas, bedrooms,
				  and bathrooms for adults and adolescents, and for males and females;
(3) provide access to education approved by
				  the Texas Education Agency within three school days of admission when treatment
				  is expected to last more than 14 days;
(4) in addition to the service requirements
				  set forth in §148.903(d)(3), provide five hours of planned, structured
				  activities during evenings and weekends. Recreational and leisure activities
				  shall be included in the structured time. The total number of hours of planned,
				  structured activities must be at least 15. Attendance in school may be counted
				  toward this requirement;
(5) ensure
				  the direct care staff-to-client ratio is at least 1:8 during waking hours
				  (including program-sponsored activities away from the facility) and 1:16 during
				  sleeping hours;
(6) ensure clients
				  are under direct supervision at all times. During sleeping hours, staff shall
				  conduct and document hourly bed checks;
(7) facilitate regular communication between
				  an adolescent client and the client's family and shall not arbitrarily restrict
				  any communications without clear individualized clinical justification
				  documented in the client record; and
(8) have written procedures addressing
				  notification of parents or guardians in the event an adolescent leaves a
				  residential program without authorization.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.906 - Access to Services for Co-Occurring Psychiatric and Substance Use Disorders (COPSD) Clients

Current through Reg. 49, No. 28; July 12, 2024
(a) In determining
				  an individual's initial and ongoing eligibility for any service, an entity may
				  not exclude an individual based on the following factors:
(1) the individual's past or present mental
				  illness;
(2) medications prescribed
				  to the individual in the past or present;
(3) the presumption of the individual's
				  inability to benefit from treatment; or
(4) the individual's level of success in
				  prior treatment episodes.
Texas Administrative Code › Title 26 - HEALTH AND HUMAN SERVICES › Part 1 - HEALTH AND HUMAN SERVICES COMMISSION › Chapter 564 - CHEMICAL DEPENDENCY TREATMENT FACILITIES › Subchapter I - TREATMENT PROGRAM SERVICES › Section 564.907 - Additional Requirements for COPSD Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) The services provided to a client with
				  co-occurring psychiatric and substance use disorders (COPSD) must:
(1) address both psychiatric and substance
				  use disorders;
(2) be provided
				  within established practice guidelines for this population; and
(3) facilitate individuals in accessing
				  available services they need and choose, including self-help groups.