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A BILL TO BE ENTITLED
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AN ACT
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relating to creating a voluntary certification for recovery |
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housing. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 6, Health and Safety Code, is |
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amended by adding Chapter 469 to read as follows: |
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CHAPTER 469. VOLUNTARY RECOVERY HOUSING |
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Sec. 469.0101. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Credentialing organization" means an |
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organization approved by the commission that affirms that a |
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recovery house satisfies the criteria to become a certified |
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recovery house. |
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(3) "Recovery house" means a shared living environment |
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that promotes sustained recovery from substance use disorders by |
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integrating residents into the surrounding community and providing |
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a setting that connects residents to supports and services |
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promoting sustained recovery from substance use disorders, is |
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centered on peer support, and is free from alcohol and drug use. |
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(4) "State health care regulatory agency" has the |
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meaning assigned by Section 161.131. |
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Sec. 469.0102. VOLUNTARY CERTIFICATION OF RECOVERY |
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HOUSING. (a) The commission shall adopt minimum standards for |
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certification as a recovery house that are consistent with the |
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quality standards from the National Alliance for Recovery |
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Residences. The commission shall authorize one or more |
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credentialing organizations each to develop and administer a |
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voluntary certification program for recovery housing. A |
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credentialing organization shall: |
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(1) establish recovery house certification |
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requirements that include, at minimum, the certification standards |
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adopted by the commission; |
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(2) establish procedures to: |
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(A) administer the issuance of recovery house |
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certification under this chapter, including application, |
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certification, recertification, and disciplinary procedures; |
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(B) assess application, inspection, and |
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recertification fees; and |
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(C) monitor and inspect a recovery house and |
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staff to ensure compliance with certification requirements |
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established by the organization; |
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(3) provide training to recovery house administrators |
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and staff concerning the certification standards adopted by the |
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commission; |
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(4) develop a code of ethics; and |
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(5) provide information to the commission for the |
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commission to compile the annual report required under Section |
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469.0105. |
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(b) The following places are not eligible for certification |
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as a recovery house: |
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(1) a chemical dependency treatment facility licensed |
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under Subchapter A, Chapter 464; |
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(2) a boarding home facility as defined by Section |
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260.001; |
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(3) a convalescent or nursing facility licensed under |
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Chapter 242; |
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(4) a continuing care facility regulated under Chapter |
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246; |
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(5) an assisted living facility as defined by Section |
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247.002; |
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(6) a home and community support services agency |
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licensed under Chapter 142; |
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(7) an intermediate care facility for individuals with |
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an intellectual disability licensed under Chapter 252; |
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(8) an entity qualified as a community home under |
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Chapter 123, Human Resources Code; |
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(9) a family violence shelter center as defined by |
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Section 51.002, Human Resources Code; |
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(10) a child-care facility as defined by Section |
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42.002, Human Resources Code; and |
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(11) a hotel as defined by Section 156.001, Tax Code. |
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(c) The commission's standards must prohibit a certified |
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recovery house from providing personal care services as defined by |
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Section 247.002. |
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Sec. 469.0103. RECOVERY HOUSE ADMINISTRATOR. (a) The |
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standards adopted by the commission must require that a certified |
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recovery house be managed by a recovery house administrator who has |
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satisfactorily completed training provided by the credentialing |
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organization concerning the commission's certification standards |
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and the organization's certification requirements. |
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(b) Each application for certification as a recovery house |
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under this chapter must include the recovery house administrator's |
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name. |
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Sec. 469.0104. ABSENCE OF HOUSE ADMINISTRATOR. (a) A |
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certified recovery house must notify the credentialing |
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organization that issued its certification before the fourth |
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business day after the recovery house administrator resigns, is |
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terminated, or leaves the position for any other reason. |
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(b) A credentialing organization may revoke the recovery |
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house certification of a recovery house that is not managed by a |
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trained recovery house administrator for a period that exceeds 30 |
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days. |
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Sec. 469.0105. ANNUAL REPORT. The commission shall |
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prepare an annual report including information on: |
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(1) the total number of certified recovery houses; |
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(2) the number of recovery houses certified in the |
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last year; |
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(3) any issues concerning the certification or |
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recertification process; |
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(4) the number of certified recovery houses that had a |
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certification revoked within the last year; and |
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(5) the reasons for the revocation of a recovery |
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house's certification. |
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Sec. 469.0106. SOLICITING. A recovery house administrator |
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or a recovery house's employee or agent may not offer to pay or |
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agree to accept, directly or indirectly, overtly or covertly, |
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remuneration in cash or in kind to or from another for securing or |
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soliciting a patient or patronage for or from a person licensed, |
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certified, or registered by a state health care regulatory agency. |
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Sec. 469.0107. CERTAIN ADVERTISING PROHIBITED. (a) A |
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recovery house may not advertise or otherwise communicate that the |
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recovery house is certified by a credentialing organization unless |
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the recovery house is certified by a credentialing organization. |
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(b) A recovery house may not advertise or cause to be |
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advertised in any manner any false, misleading, or deceptive |
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information about the recovery house. |
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Sec. 469.0108. ENFORCEMENT. If a certified recovery house |
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violates this chapter, the credentialing organization that issued |
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the certification to the recovery house may suspend the |
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certification for a period of six months while the credentialing |
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organization conducts an audit of the recovery house. After the |
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audit is complete, the credentialing organization may implement a |
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corrective action plan or revoke the license. |
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Sec. 469.0109. DISCRIMINATION. A municipality or county |
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may not adopt or enforce an ordinance, order, or other regulation |
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that prevents a recovery house from operating in a residential |
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community. |
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Sec. 469.0110. FUNDING. A recovery house that is not |
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certified under this chapter may not receive state money. |
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Sec. 469.0111. REFERRAL LIMITATION. The following entities |
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may not refer an individual to a recovery house that is not |
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certified: |
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(1) a state agency, as defined by Section 2054.003, |
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Government Code; |
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(2) an organization receiving money from this state; |
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(3) a facility licensed under Subtitle B, Title 4; |
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(4) a chemical dependency treatment facility licensed |
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under Subchapter A, Chapter 464; and |
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(5) a health care professional licensed under Title 3, |
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Occupations Code. |
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SECTION 2. This Act takes effect September 1, 2021. |