SRC-CDH S.B. 1070 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1070
By: Sibley
Health & Human Services
5-12-97
As Filed


DIGEST 

Currently, Texas law prohibits anyone from offering or purporting to offer
chemical dependency treatment without a license.  "Treatment," in turn, is
defined broadly to encompass virtually all organized efforts to promote a
person's "chemical-free status or the maintenance of a person free of
illegal drugs."  The licensing standards issued by the Texas Commission on
Alcohol and Drug Abuse (commission) embrace a "medical" model of addiction
treatment which denies the viability of "faithbased" treatment programs.
These programs, which utilize former abusers as counselors instead of
credentialed professionals, treat addiction as the result of underlying
spiritual troubles that are curable through non-medical means such as
prayer, spiritual counseling, and moral teaching. Despite their success at
helping addicts and alcoholics find sobriety, some faith-based programs in
Texas have been threatened with fines and closures because they fail to
adopt the medical model. 

This legislation exempts faith-based chemical dependency treatment
programs that utilize nonmedical methods of treatment and are exclusively
religious in nature from state licensure and regulation.  This bill
recognizes the unique status of faith-based programs, and permits these
facilities and their counselors to operate free of state licensing
standards.  S.B. 1070 attempts to aid chemically dependent persons by
supporting programs that serve the valid public purpose of combating drug
and alcohol addiction, regardless of their treatment methods. 

PURPOSE

As proposed, S.B. 1070 establishes provisions regarding  faith-based
chemical dependency treatment programs and counselors. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Commission on Alcohol and
Drug Abuse in SECTION 1 (Section 464.053, Health and Safety Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 464, Health and Safety Code, by adding
Subchapter C, as follows: 

SUBCHAPTER C.  FAITH-BASED CHEMICAL DEPENDENCY TREATMENT PROGRAMS

Sec. 464.051.  DEFINITIONS.  Defines "chemical dependency," "commission,"
"religious organization," "treatment," and "treatment facility." 

Sec. 464.052.  EXEMPTION FOR FAITH-BASED CHEMICAL DEPENDENCY TREATMENT
PROGRAM.  Provides that Subchapter A does not apply to a chemical
dependency treatment program that is conducted by a religious
organization; is exclusively religious, spiritual, or ecclesiastical in
nature; does not treat minors; and is registered under Section 464.053.
Prohibits the Texas Commission on Alcohol and Drug Abuse (commission) from
prohibiting the use, by a program exempted under this subchapter, of the
term "counseling," "treatment," or "rehabilitation." 

Sec. 464.053.  EXEMPT PROGRAM REGISTRATION.  Requires the commission, by
rule,  to establish a simple procedure for a faith-based chemical
dependency treatment program to register the program's exemption. 

Sec. 464.054.  MEDICAL SERVICES PROHIBITED.  Prohibits a program exempted
under this subchapter from providing medical care, medical detoxification,
or medical withdrawal services unless the facility is licensed to do so. 

Sec. 464.055.  REPRESENTATIONS IN PROGRAM ADVERTISING OR LITERATURE.
Requires a program exempted under this subchapter to include certain
information in any advertisement or literature that promotes or describes
the program or its services.   

Sec. 464.056.  REVOCATION OF EXEMPTION.  Authorizes the commission to
revoke the exemption if the organization fails to timely inform the
commission of any material change in its registration information; any
program advertisement or literature fails to include the required
statements; or the organization violates this subchapter or a commission
rule adopted under this subchapter. 

Sec. 464.057.  GENERAL DIRECTIVE TO STATE AGENCIES.  Prohibits a state
agency from denying to an individual a state or federal social service
benefit on the basis that the individual is participating in a program. 

Sec. 464.058.  RELIGION NOT ENDORSED.  Provides that this subchapter is
not intended to aid religion, but to aid chemically dependent persons by
supporting programs that serve the purpose of combating chemical
dependency.   

SECTION 2. Amends Chapter 33, Human Resources Code, by adding Section
33.012, as follows: 

Sec. 33.012. CHEMICAL DEPENDENCY TREATMENT PROGRAM AS REPRESENTATIVE.
Requires the Texas Department of Human Services to provide an individual's
food stamp allotment to the program in which the person resides to the
extent allowed under Section 8(f), Food Stamp Act of 1977, under certain
circumstances. 

SECTION 3. Amends Section 464.002, Health and Safety Code, to prohibit a
person from offering or purporting to offer chemical dependency treatment
without a license, unless the person is exempted under Subchapter C or is
working for or providing counseling with a program exempted under
Subchapter C. 

SECTION 4. Amends Section 3(b), Article 4512o, V.T.C.S., to provide that
this Act does not apply to the activities and services of a person who is
working for or providing counseling with a program exempted under Chapter
464C, Health and Safety Code, or a school counselor certified by the State
Board for Educator Certification, rather than the Central Education
Agency.  Makes conforming changes. 

SECTION 5. Effective date:  September 1, 1997.

SECTION 6. Emergency clause.