BILL ANALYSIS



H.B. 3171
By: Luna
04-11-95
Committee Report (Unamended)


BACKGROUND

Section 464 of the Health and Safety Code requires programs
conducting chemical dependency treatment to be licensed. Programs
such as Alcoholics Anonymous, Narcotics Anonymous and other 12-step
programs do not provide treatment but offer self-help and support
services to participants, and these programs have not had licensure
requirements imposed on them because of broad interpretation of the
statutes. An exemption from the licensure requirements would ensure
that the principles of the 12-step programs are kept intact, and
that the success of the programs is not jeopardized.

PURPOSE

H.B. 3171 would add chemical dependency programs such as Alcoholics
Anonymous, Narcotics Anonymous and other 12-step programs providing
support for chemical dependency to the exemption from licensure
requirements. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Adds Sec. 464.003(7), Health and Safety Code, to state
that this subchapter does not apply to a 12-step or similar self-help chemical dependency recovery program (A) that does not offer
or purport to offer a chemical dependency program, (B) that does
not charge program participants, and (C) in which program
participants may maintain anonymity.

SECTION 2. Emergency clause.
           Effective upon passage. 

SUMMARY OF COMMITTEE ACTION

H.B. 3171 was considered by the Public Health Committee in a public
hearing on April 11, 1995. 
The following persons testified in favor of the bill:
Representative Luna, author of the bill.
William H. Locke, Jr., representing self and Palmer Drug Abuse
Program.

The bill was reported favorably, with the recommendation that it do
pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 6 Ayes, 0 Nays, 0 PNV, and
3 Absent.