Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter J - MINIMUM STANDARDS FOR NARCOTIC TREATMENT PROGRAMS › Section 229.142 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in the sections of
					 this chapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Administer--The direct application of a prescription drug by ingestion or any
				  other means to the body of a patient by: a licensed practitioner, an agent of
				  the practitioner, supervised by and under the order of the practitioner; or,
				  the patient, at the direction of or in the presence of a
				  practitioner.
(2) Agent--A
				  pharmacist, registered nurse, licensed practical/vocational nurse, physician's
				  assistant, or any other health care professional authorized by federal and
				  state law to administer or dispense narcotic drugs.
(3) Approved narcotic drug--A drug approved
				  by the United States Food and Drug Administration for maintenance and/or
				  detoxification of a person physiologically addicted to opiate class of
				  drugs.
(4) Approved narcotic drug
				  permit--A permit issued by the department to an applicant to operate a Narcotic
				  Treatment Program (NTP) which provides an approved narcotic drug for
				  maintenance and/or detoxification and rehabilitative services to opioid
				  addicted individuals.
(5) Approved
				  to treat (ATT)--The maximum number of patients the NTP is allowed to treat at
				  any point in time under the approved permit. This number is based on a maximum
				  of 50 patients for each counselor employed by the program.
(6) Formal hearing procedures--The formal
				  hearing procedures of the department in §§
										1.21,
				  1.23,
				  1.25, and
				  1.27 of
				  this title (relating to Formal Hearing Procedures) for conducting hearings on
				  denial of application, suspension, or revocation of permit.
(7) Central Registry--A process in which an
				  NTP shall share patient identifying information about individuals who are
				  applying for or undergoing detoxification or maintenance treatment on an
				  approved narcotic drug to a central record system at the department.
(8) Chemical dependency
				  counseling--Face-to-face interactions between patients and counselors to help
				  patients identify, understand, and resolve issues and problems related to
				  chemical dependency.
(9) Chemical
				  dependency counselor--A qualified credentialed counselor, as defined in Title
				  40, Texas Administrative Code (TAC), Chapter 150, or, counselor intern working
				  under direct supervision of a licensed counselor or physician.
(10) Counselor intern (CI)--A person pursuing
				  a course of training in chemical dependency counseling as defined in 40 TAC,
				  Chapter 150.
(11) Department--The
				  Department of State Health Services.
(12) DEA--Drug Enforcement
				  Administration.
(13)
				  Dispense--Preparing, packaging, compounding, or labeling for delivery a
				  prescription drug in the course of professional practice to an ultimate user by
				  or pursuant to the lawful order of a practitioner.
(14) FDA--Food and Drug
				  Administration.
(15) Fee
				  certificate--A document issued annually by the department after payment by the
				  narcotic treatment program of the required fee based on the number of patients
				  approved to treat.
(16) Hospital--A
				  health care facility licensed by the department as a general hospital or a
				  special hospital under the Health and Safety Code, Chapter 241; or a health
				  care facility licensed as a private mental hospital under Health and Safety
				  Code, Chapter 577; or a hospital directly operated under the authority of other
				  statutes of the state.
(17) Medical
				  director--A physician, licensed to practice medicine in the jurisdiction in
				  which the program is located, who assumes responsibility for the administration
				  of all medical services performed by the NTP, including ensuring that the
				  program is in compliance with all federal, state, and local laws and
				  regulations regarding the medical treatment of narcotic addiction with a
				  narcotic drug.
(18) Medication
				  unit--A facility established as part of, but geographically dispersed (i.e.,
				  separate) from a narcotic treatment program from which licensed private
				  practitioners and community pharmacists are permitted to administer and
				  dispense a narcotic drug, and are authorized to collect samples for drug
				  testing or analysis for narcotic drugs.
(19) Narcotic drug--A drug as defined in
				  Texas Controlled Substances Act, Health and Safety Code, §
										481.002(29)(A)-(D)
				  and Title 42, Code of Federal Regulations (CFR), Part 8.
(20) Narcotic treatment program (NTP)--An
				  organization which has been issued an approved narcotic drug permit by the
				  department and the permit has not been suspended, revoked, or surrendered to
				  the department.
(21) Person--An
				  individual, corporation, organization, government or governmental subdivision,
				  agency, business trust, partnership, association, or any other legal
				  entity.
(22) Practitioner--As
				  defined in Health and Safety Code, Chapter 481.
(23) Program director--An individual who
				  provides overall administrative management to the NTP under guidelines
				  established by the permit holder and the medical director.
(24) Program physician--A licensed physician
				  who will provide medical treatment and counsel to the patients of an NTP under
				  the supervision of the medical director.
(25) Program sponsor--A person named in the
				  application for an NTP permit who is responsible for the operation of the
				  narcotic treatment program and who assumes responsibility for all its
				  employees, including any practitioners, agents, or other persons providing
				  medical, rehabilitative, or counseling services at the program or any of its
				  medication units. The program sponsor need not be a licensed physician but
				  shall employ a licensed physician for the position of medical
				  director.
(26) Standing
				  orders--Written instructions prepared by a licensed physician pursuant to the
				  rules of the Texas State Board of Medical Examiners relating to standing
				  delegation orders, as described in 22 TAC §§
										193.1-193.6,
				  and shall be approved by the State Methadone Authority (SMA).
(27) State Methadone Authority (SMA)--The
				  department, Drugs and Medical Devices Division.
(28) Status Report--A bi-annual report
				  submitted by the permit holder on a form provided by the department. The
				  content of the report is determined by the department.
(29) SAMHSA--Substance Abuse and Mental
				  Health Services Administration.