Figure: 40 TAC Part 3

Current Rules from Title 40, Part 3 Texas Commission on Alcohol and Drug Abuse				Transferred to Title 25, Part 1 Department of State Health Services
Chapter and Subchapter		Section	Heading	Chapter and Subchapter		Heading	Section
141			General Provisions	441		General Provisions
	A		Definitions		A	Definitions
		§141.101	Definitions			Definitions.	§441.101
	B		Claims Against the Commission		B	Claims Against the Commission
		§141.201	Notice of Claim			Notice of Claim.	§441.201
		§141.202	Agency Counterclaim			Agency Counterclaim.	§441.202
		§141.203	Timetable for Negotiations and Contested Case Hearings			Timetable for Negotiations and Contested Case Hearings.	§441.203
		§141.204	Conduct of Negotiations			Conduct of Negotiations.	§441.204
		§141.205	Mediation			Mediation.	§441.205
	D		Measuring the Effectiveness of the State's Substance Abuse Prevention Services		D	Measuring the Effectiveness of the State's Substance Abuse Prevention Services
		§141.401	Interagency Agreement			Interagency Agreement.	§441.401
141			General Provisions	460		Miscellaneous
	C		Procurement		B	Procurement
		§141.301	Procurement			Procurement.	§460.101
		§141.302	Procurement Protests			Procurement Protests.	§460.102
	E		Miscellaneous Provisions		C	Miscellaneous Provisions
		§141.501	Public Comment and Requests			Public Comment and Requests.	§460.103
		§141.502	Approval Authority			Approval Authority.	§460.104
		§141.503	Training and Education			Training and Education.	§460.105
142			Investigations and Hearings	442		Investigations and Hearings
		§142.101	Definitions			Definitions.	§442.101
		§142.102	Complaints and Investigations			Complaints and Investigations.	§442.102
		§142.103	Procedure for Contested Cases for Counselor and Facility Licenses			Procedure for Contested Cases for Counselor and Facility Licenses.	§442.103
		§142.104	Administrative Penalties for Licensed Facilities and Counselors and Offender Education Programs			Administrative Penalties for Licensed Facilities and Counselors and Offender Education Programs.	§442.104
144			Contract Administrative Requirements	444		Contract Administrative Requirements
	A		General Provisions		A	General Provisions
		§144.101	Definitions			Definitions	§444.101
		§144.102	Applicability of Chapter			Applicability of Chapter	§444.102
		§144.103	Waivers			Waivers	§444.103
	B		Funding		B	Funding
		§144.201	Applicability of Subchapter			Applicability of Subchapter	§444.201
		§144.202	Allocation of Funds			Allocation of Funds	§444.202
		§144.203	Competitive Procurement of Client Services			Competitive Procurement of Client Services	§444.203
		§144.204	Selection Criteria for Request for Proposal			Selection Criteria for Request for Proposal	§444.204
		§144.205	Notice of Funding			Notice of Funding	§444.205
		§144.206	Request for Proposal (RFP)			Request for Proposal (RFP)	§444.206
		§144.207	Application			Application	§444.207
		§144.208	Application Criteria			Application Criteria	§444.208
		§144.209	Funding Decisions			Funding Decisions	§444.209
		§144.210	Alternative Solicitation			Alternative Solicitation	§444.210
		§144.211	Other Funding Processes			Other Funding Processes	§444.211
	C		Contract Organization		C	Contract Organization
		§144.301	General Requirements			General Requirements	§444.301
		§144.302	Organizational Structure			Organizational Structure	§444.302
		§144.303	Policies and Procedures			Policies and Procedures	§444.303
		§144.304	Organizational and Personnel Changes			Organizational and Personnel Changes	§444.304
		§144.305	Personnel Requirements and Documentation			Personnel Requirements and Documentation	§444.305
		§144.306	Commission Logo and Slogan			Commission Logo and Slogan	§444.306
	D		Contract Administration		D	Contract Administration
		§144.401	General Contract Provisions			General Contract Provisions	§444.401
		§144.402	Application of Federal and State Regulations			Application of Federal and State Regulations	§444.402
		§144.403	Matching Funds			Matching Funds	§444.403
		§144.404	Program Income			Program Income	§444.404
		§144.405	Indirect Cost			Indirect Cost	§444.405
		§144.406	Expenditures Requiring Prior Approval			Expenditures Requiring Prior Approval	§444.406
		§144.407	Equipment and Supplies			Equipment and Supplies	§444.407
		§144.408	Minor Remodeling			Minor Remodeling	§444.408
		§144.409	Subcontracting			Subcontracting	§444.409
		§144.410	Assignments and Transfers			Assignments and Transfers	§444.410
		§144.411	Procurement of Goods and Services			Procurement of Goods and Services	§444.411
		§144.412	Travel			Travel	§444.412
		§144.413	Financial Eligibility and Third Party Payment			Financial Eligibility and Third Party Payment	§444.413
		§144.414	Payment Requirements			Payment Requirements	§444.414
		§144.415	Cost Reimbursement for Prevention/Intervention Programs			Cost Reimbursement for Prevention/Intervention Programs	§444.415
		§144.416	Billing for Treatment Services			Billing for Treatment Services	§444.416
		§144.417	BHIPS Requirements			BHIPS Requirements	§444.417
		§144.418	Reporting			Reporting	§444.418
		§144.419	Deobligation/Reobligation			Deobligation/Reobligation	§444.419
		§144.420	Contract Closeout			Contract Closeout	§444.420
	E		Contract Oversight		E	Contract Oversight
		§144.501	Commission Oversight			Commission Oversight	§444.501
		§144.502	On-Site Reviews			On-Site Reviews	§444.502
		§144.503	Independent Audit Report			Independent Audit Report	§444.503
		§144.504	Auditor Qualifications			Auditor Qualifications	§444.504
		§144.505	Independent Audit Report Requirements			Independent Audit Report Requirements	§444.505
		§144.506	Independent Audit Report Submission			Independent Audit Report Submission	§444.506
		§144.507	Audit Report Desk Reviews			Audit Report Desk Reviews	§444.507
147			Contract Program Requirements	447		Contract Program Requirements
	A		Prevention and Intervention		A	Prevention and Intervention
		§147.101	Applicability and Definitions			Applicability and Definitions	§447.101
		§147.102	Youth Prevention Programs			Youth Prevention Programs	§447.102
		§147.103	Program Design and Implementation			Program Design and Implementation	§447.103
		§147.104	Key Performance and Activity Measures			Key Performance and Activity Measures	§447.104
		§147.105	Performance Measure Review			Performance Measure Review	§447.105
		§147.106	Staff Training			Staff Training	§447.106
		§147.107	Information Dissemination			Information Dissemination	§447.107
		§147.108	Prevention Education and Skills Training			Prevention Education and Skills Training	§447.108
		§147.109	Alternative Activities			Alternative Activities	§447.109
		§147.110	Problem Identification and Referral			Problem Identification and Referral	§447.110
		§147.111	Community-Based Process			Community-Based Process	§447.111
		§147.112	Environmental and Social Policy			Environmental and Social Policy	§447.112
		§147.113	Intervention Services			Intervention Services	§447.113
		§147.114	Community Coalitions			Community Coalitions	§447.114
		§147.115	Prevention Resource Centers			Prevention Resource Centers	§447.115
		§147.116	Pregnant and Parenting Adult and Adolescent Female Prevention Services			Pregnant and Parenting Adult and Adolescent Female Prevention Services	§447.116
	B		Standards of Care for HIV Programming		B	Standards of Care for HIV Programming
		§147.201	Applicability			Applicability	§447.201
		§147.202	HIV Required Services			HIV Required Services	§447.202
		§147.203	Minimum Operational Requirements for HIV Outreach Programs			Minimum Operational Requirements for HIV Outreach Programs	§447.203
		§147.204	Minimum Operational Requirements for HIV Early Intervention (HEI) Programs			Minimum Operational Requirements for HIV Early Intervention (HEI) Programs	§447.204
	C		Narcotic Treatment Programs Providing Pharmacotherapy Services		C	Narcotic Treatment Programs Providing Pharmacotherapy Services
		§147.301	Applicability			Applicability	§447.301
		§147.302	Program Objectives			Program Objectives	§447.302
		§147.303	Required Services			Required Services	§447.303
		§147.304	Minimum Operational Requirements			Minimum Operational Requirements	§447.304
	D		Outreach, Screening, Assessment and Referral (OSAR) Services		D	Outreach, Screening, Assessment and Referral (OSAR) Services
		§147.401	Applicability			Applicability	§447.401
		§147.402	Standards for Outreach, Screening Assessment and Referral Service Provision			Standards for OSAR Service Provision	§447.402
	E		Treatment Performance Standards		E	Treatment Performance Standards
		§147.501	Applicability			Applicability	§447.501
		§147.502	Select Performance Measure Definitions			Select Performance Measure Definitions	§447.502
	F		Treatment for Pregnant and Post Partum Women with Dependent Children		F	Treatment for Pregnant and Post Partum Women with Dependent Children
		§147.601	Applicability			Applicability	§447.601
		§147.602	Purpose of Program			Purpose of Program	§447.602
		§147.603	Availability of Services			Availability of Services	§447.603
		§147.604	Individualized Plan of Services			Individualized Plan of Services	§447.604
	G		Capacity Management and Interim Services		G	Capacity Management and Interim Services
		§147.701	Waiting List and Interim Services			Waiting List and Interim Services	§447.701
148			Standard of Care	448		Standard of Care
	A		Definitions		A	Definitions
		§148.101	Definitions			Definitions	§448.101
		§148.102	Purpose			Purpose	§448.102
		§148.103	Scope of Rule			Scope of Rule	§448.103
	B		Standard of Care Applicable to All Providers		B	Standard of Care Applicable to All Providers
		§148.201	General Standard			General Standard	§448.201
		§148.202	Scope of Practice			Scope of Practice	§448.202
		§148.203	Competence and Due Care			Competence and Due Care	§448.203
		§148.204	Appropriate Services			Appropriate Services	§448.204
		§148.205	Accuracy			Accuracy	§448.205
		§148.206	Documentation			Documentation	§448.206
		§148.207	Discrimination			Discrimination	§448.207
		§148.208	Access to Services			Access to Services	§448.208
		§148.209	Location			Location	§448.209
		§148.210	Confidentiality			Confidentiality	§448.210
		§148.211	Environment			Environment	§448.211
		§148.212	Communications			Communications	§448.212
		§148.213	Exploitation			Exploitation	§448.213
		§148.214	Duty to Report			Duty to Report	§448.214
		§148.215	Impaired Providers			Impaired Providers	§448.215
		§148.216	Ethics			Ethics	§448.216
		§148.217	Specific Acts Prohibited			Specific Acts Prohibited	§448.217
		§148.218	Standards of Conduct			Standards of Conduct	§448.218
	C		Standards for Evidence-Based Prevention Programs		C	Standards for Evidence-Based Prevention Programs
		§148.301	Standards for Evidence-Based Prevention Programs			Standards for Evidence-Based Prevention Programs	§448.301
	D		Facility Licensure Information		D	Facility Licensure Information
		§148.401	License Required			License Required	§448.401
		§148.402	Variances			Variances	§448.402
		§148.403	New Licensure Application			New Licensure Application	§448.403
		§148.404	Licensure Renewal			Licensure Renewal	§448.404
		§148.405	Changes in Status			Changes in Status	§448.405
		§148.406	Inactive Status and Closure			Inactive Status and Closure	§448.406
		§148.407	Licensure Inspection			Licensure Inspection	§448.407
		§148.408	Licensure Fees			Licensure Fees	§448.408
		§148.409	Action Against a License			Action Against a License	§448.409
	E		Facility Requirements		E	Facility Requirements
		§148.501	Facility Organization			Facility Organization	§448.501
		§148.502	Operational Plan, Policies and Procedures			Operational Plan, Policies and Procedures	§448.502
		§148.503	Reporting Measures			Reporting Measures	§448.503
		§148.504	Quality Management			Quality Management	§448.504
		§148.505	General Environment			General Environment	§448.505
		§148.506	Required Postings			Required Postings	§448.506
		§148.507	General Documentation Requirements			General Documentation Requirements	§448.507
		§148.508	Client Records			Client Records	§448.508
		§148.509	Incident Reporting			Incident Reporting	§448.509
		§148.510	Client Transportation			Client Transportation	§448.510
	F		Personnel Practices and Development		F	Personnel Practices and Development
		§148.601	Hiring Practices			Hiring Practices	§448.601
		§148.602	Students and Volunteers			Students and Volunteers	§448.602
		§148.603	Training			Training	§448.603
	G		Client Rights		G	Client Rights
		§148.701	Client Bill of Rights			Client Bill of Rights	§448.701
		§148.702	Client Grievances			Client Grievances	§448.702
		§148.703	Abuse, Neglect and Exploitation			Abuse, Neglect and Exploitation	§448.703
		§148.704	Program Rules			Program Rules	§448.704
		§148.705	Client Labor and Interactions			Client Labor and Interactions	§448.705
		§148.706	Restraint and Seclusion			Restraint and Seclusion	§448.706
		§148.707	Responding to Emergencies			Responding to Emergencies	§448.707
		§148.708	Searches			Searches	§448.708
	H		Screening and Assessment		H	Screening and Assessment
		§148.801	Screening			Screening	§448.801
		§148.802	Admission Authorization and Consent to Treatment			Admission Authorization and Consent to Treatment	§448.802
		§148.803	Assessment			Assessment	§448.803
		§148.804	Treatment Planning, Implementation and Review			Treatment Planning, Implementation and Review	§448.804
		§148.805	Discharge			Discharge	§448.805
	I		Treatment Program Services		I	Treatment Program Services
		§148.901	Requirements Applicable to All Treatment Services			Requirements Applicable to All Treatment Services	§448.901
		§148.902	Requirements Applicable to Detoxification Services			Requirements Applicable to Detoxification Services	§448.902
		§148.903	Requirements Applicable to Residential Services			Requirements Applicable to Residential Services	§448.903
		§148.904	Requirements for Outpatient Treatment Programs			Requirements for Outpatient Treatment Programs	§448.904
		§148.905	Additional Requirements for Adolescent Programs			Additional Requirements for Adolescent Programs	§448.905
		§148.906	Access to Services for Co-Occurring Psychiatric and Substance Use Disorders (COPSD) Clients			Access to Services for Co-Occurring Psychiatric and Substance Use Disorders (COPSD) Clients	§448.906
		§148.907	Additional Requirements for COPSD Programs			Additional Requirements for COPSD Programs	§448.907
		§148.908	Specialty Competencies of Staff Providing Services to Clients with COPSD			Specialty Competencies of Staff Providing Services to Clients with COPSD	§448.908
		§148.909	Treatment Planning of Services to Clients with COPSD			Treatment Planning of Services to Clients with COPSD	§448.909
		§148.910	Treatment Services for Women and Children			Treatment Services for Women and Children	§448.910
		§148.911	Treatment Services Provided by Electronic Means			Treatment Services Provided by Electronic Means	§448.911
	J		Medication		J	Medication
		§148.1001	General Provisions for Medication			General Provisions for Medication	§448.1001
		§148.1002	Medication Storage			Medication Storage	§448.1002
		§148.1003	Medication Inventory and Disposal			Medication Inventory and Disposal	§448.1003
		§148.1004	Administration of Medication			Administration of Medication	§448.1004
	K		Food and Nutrition		K	Food and Nutrition
		§148.1101	Meals in Outpatient Programs			Meals in Outpatient Programs	§448.1101
		§148.1102	Meals in Residential Programs			Meals in Residential Programs	§448.1102
		§148.1103	Meals Prepared by Clients			Meals Prepared by Clients	§448.1103
		§148.1104	Meals Provided by a Food Service			Meals Provided by a Food Service	§448.1104
	L		Residential Physical Plant Requirements		L	Residential Physical Plant Requirements
		§148.1201	General Physical Plant Requirements			General Physical Plant Requirements	§448.1201
		§148.1202	Required Inspections			Required Inspections	§448.1202
		§148.1203	Emergency Evacuation			Emergency Evacuation	§448.1203
		§148.1204	Exits			Exits	§448.1204
		§148.1205	Space, Furniture and Supplies			Space, Furniture and Supplies	§448.1205
		§148.1206	Fire Systems			Fire Systems	§448.1206
		§148.1207	Other Physical Plant Requirements			Other Physical Plant Requirements	§44.1207
	M		Court Commitment Services		M	Court Commitment Services
		§148.1301	Court Commitment Services			Court Commitment Services	§448.1301
	N		Therapeutic Communities		N	Therapeutic Communities
		§148.1401	Therapeutic Communities			Therapeutic Communities	§448.1401
	O		Faith Based Chemical Dependency Programs		O	Faith Based Chemical Dependency Programs
		§148.1501	Definitions			Definitions	§448.1501
		§148.1502	Exemption for Faith-Based Programs			Exemption for Faith-Based Programs	§448.1502
		§148.1503	Registration for Exempt Faith-Based Programs			Registration for Exempt Faith-Based Programs	§448.1503
		§148.1504	Admission to Faith-Based Programs			Admission to Faith-Based Programs	§448.1504
		§148.1505	Advertisement			Advertisement	§448.1505
		§148.1506	Revocation of Exemption			Revocation of Exemption	§448.1506
150			Counselor Licensure	450		Counselor Licensure
		§150.101	License Required			License Required	§450.101
		§150.102	Scope of Practice			Scope of Practice	§450.102
		§150.103	Commission Review			Commission Review	§450.103
		§150.104	Fees			Fees	§450.104
		§150.105	Licensure Application Standards and Registration			Licensure Application Standards and Registration	§450.105
		§150.106	Requirements for Counselor Intern Registration			Requirements for Counselor Intern Registration	§450.106
		§150.107	Standards for 270 Educational Hours			Standards for 270 Educational Hours	§450.107
		§150.108	Practicum Standards			Practicum Standards	§450.108
		§150.109	Education and Experience Exemptions/Waivers			Education and Experience Exemption/Waivers	§450.109
		§150.110	Requirements for Licensure			Requirements for Licensure	§450.110
		§150.111	Standards for Supervised Work Experience			Standards for Supervised Work Experience	§450.111
		§150.112	Examination			Examination	§450.112
		§150.113	Issuing Licenses			Issuing Licenses	§450.113
		§150.114	Licensure through Reciprocity			Licensure through Reciprocity	§450.114
		§150.115	Criminal History Standards			Criminal History Standards	§450.115
		§150.116	License Expiration and Renewal			License Expiration and Renewal	§450.116
		§150.117	Continuing Education Standards			Continuing Education Standards	§450.117
		§150.118	Inactive Status			Inactive Status	§450.118
		§150.119	Documentation			Documentation	§450.119
		§150.120	Counseling Through Electronic Means			Counseling Through Electronic Means	§450.120
		§150.121	Ethical Standards			Ethical Standards	§450.121
		§150.122	Actions Against a License			Actions Against a License	§450.122
		§150.123	Clinical Training Institution (CTI) Registration			Clinical Training Institution (CTI) Registration	§450.123
		§150.124	Clinical Training Institution (CTI) Standards			Clinical Training Institution (CTI) Standards	§450.124
		§150.125	Direct Supervision of Interns			Direct Supervision of Interns	§450.125
		§150.126	Intern Violations			Intern Violations	§450.126
151			Peer Assistance	451		Peer Assistaance
		§151.1	Authority			Authority	§451.101
		§151.2	Program Purpose			Program Purpose	§451.102
		§151.3	Applicability			Applicability	§451.103
		§151.4	Relationship to Licensing/Disciplinary Authority			Relationship to Licensing/Disciplinary Authority	§451.104
		§151.5	Program Requirements			Program Requirements	§451.105
		§151.11	Definitions			Definitions	§451.106
		§151.21	Organization			Organization	§451.107
		§151.22	Staffing			Staffing	§451.108
		§151.31	Program Description			Program Description	§451.109
		§151.32	Policies and Procedures			Policies and Procedures	§451.110
		§151.51	Referrals to Assessment/Treatment Resources			Referrals to Assessment/Treatment Resources	§451.111
		§151.61	Certification			Certification	§451.112
153			Offender Education Programs	453		Offender Education Programs
		§153.101	Definitions			Definitions	§453.101
		§153.102	Scope of Rules			Scope of Rules	§453.102
		§153.103	Fees			Fees	§453.103
		§153.104	Application and Approval/Certification			Application and Approval/Certification	§453.104
		§153.105	Expiration and Renewal			Expiration and Renewal	§453.105
		§153.106	Exceptions			Exceptions	§453.106
		§153.107	Disciplinary Action			Disciplinary Action	§453.107
		§153.108	Administrative Penalties for Offender Education Programs			Administrative Penalties for Offender Education Programs	§453.108
		§153.109	Program Content and Materials			Program Content and Materials	§453.109
		§153.110	Uniform Certificates of Course Completion			Uniform Certificates of Course Completion	§453.110
		§153.111	Confidentiality			Confidentiality	§453.111
		§153.112	Discrimination Prohibited			Discrimination Prohibited	§453.112
		§153.113	Participant Complaints			Participant Complaints	§453.113
		§153.114	Classroom Facilities and Equipment			Classroom Facilities and Equipment	§453.114
		§153.115	Program Administration			Program Administration	§453.115
		§153.116	Recordkeeping and Reporting			Recordkeeping and Reporting	§453.116
		§153.117	Program Instructors			Program Instructors	§453.117
		§153.118	General Program Operation Requirements			General Program Operation Requirements	§453.118
		§153.119	Additional Requirements for Drug Offender Education Programs			Additional Requirements for Drug Offender Education Programs	§453.119
		§153.120	Additional Requirements for Alcohol Education Programs for Minors			Additional Requirements for Alcohol Education Programs for Minors	§453.120
		§153.121	Additional Requirements for DWI Education Programs			Additional Requirements for DWI Education Programs	§453.121
		§153.122	Additional Requirements for DWI Intervention Programs			Additional Requirements for DWI Intervention Programs	§453.122