By Wilson H.B. No. 3295 75R9425 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the administration of certain laws regarding alcohol 1-3 and drug abuse programs, including the licensing of certain 1-4 treatment facilities. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Title 132A, Revised Statutes, is amended by 1-7 adding Article 9104 to read as follows: 1-8 Art. 9104. ALCOHOL AND DRUG ABUSE PROGRAMS 1-9 Sec. 1. DEFINITIONS. In this article: 1-10 (1) "Chemical dependency" means: 1-11 (A) abuse of alcohol or a controlled substance; 1-12 (B) psychological or physical dependence on 1-13 alcohol or a controlled substance; or 1-14 (C) addiction to alcohol or a controlled 1-15 substance. 1-16 (2) "Commission" means the Texas Commission of 1-17 Licensing and Regulation. 1-18 (3) "Commissioner" means the commissioner of licensing 1-19 and regulation. 1-20 (4) "Controlled substance" means a: 1-21 (A) toxic inhalant; or 1-22 (B) substance designated as a controlled 1-23 substance by Chapter 481, Health and Safety Code (Texas Controlled 1-24 Substances Act). 2-1 (5) "Department" means the Texas Department of 2-2 Licensing and Regulation. 2-3 (6) "Intervention" means the interruption of the onset 2-4 or progression of chemical dependency in the early stages. 2-5 (7) "Prevention" means the reduction of a person's 2-6 risk of abusing alcohol or a controlled substance or becoming 2-7 chemically dependent. 2-8 (8) "Rehabilitation" means the reestablishment of the 2-9 social and vocational life of a person after treatment. 2-10 (9) "Toxic inhalant" means a gaseous substance that is 2-11 inhaled by a person to produce a desired physical or psychological 2-12 effect and that may cause personal injury or illness to the 2-13 inhaler. 2-14 (10) "Treatment" means the initiation and promotion, 2-15 in a planned, structured, and organized manner, of a person's 2-16 chemical-free status or the maintenance of a person free of illegal 2-17 drugs. 2-18 (11) "Treatment facility" means a public or private 2-19 hospital, a detoxification facility, a primary care facility, an 2-20 intensive care facility, a long-term care facility, an outpatient 2-21 care facility, a community mental health center, a health 2-22 maintenance organization, a recovery center, a halfway house, an 2-23 ambulatory care facility, another facility that is required to be 2-24 licensed and approved by the state, or a facility licensed or 2-25 operated by the Texas Department of Mental Health and Mental 2-26 Retardation. The term does not include an educational program for 2-27 intoxicated drivers or the individual office of a private, licensed 3-1 health care practitioner who personally renders private individual 3-2 or group services within the scope of the practitioner's license 3-3 and in the practitioner's office. 3-4 Sec. 2. POWERS AND DUTIES. (a) The department shall: 3-5 (1) provide for research and study of the problems of 3-6 chemical dependency in this state and seek to focus public 3-7 attention on those problems through public information and 3-8 education programs; 3-9 (2) plan, develop, coordinate, evaluate, and implement 3-10 constructive methods and programs for the prevention, intervention, 3-11 treatment, and rehabilitation of chemical dependency in cooperation 3-12 with federal and state agencies, local governments, organizations, 3-13 and persons and provide technical assistance, funds, and 3-14 consultation services for statewide and community-based services; 3-15 (3) cooperate with and enlist the assistance of: 3-16 (A) other state, federal, and local agencies; 3-17 (B) hospitals and clinics; 3-18 (C) public health, welfare, and criminal justice 3-19 system authorities; 3-20 (D) educational and medical agencies and 3-21 organizations; and 3-22 (E) other related public and private groups and 3-23 persons; 3-24 (4) expand chemical dependency services for children 3-25 when funds are available because of the long-term benefits of those 3-26 services to the state and its citizens; 3-27 (5) sponsor, promote, and conduct educational programs 4-1 on the prevention and treatment of chemical dependency and maintain 4-2 a public information clearinghouse to purchase and provide books, 4-3 literature, audiovisuals, and other educational material for the 4-4 programs; 4-5 (6) sponsor, promote, and conduct training programs 4-6 for persons delivering prevention, intervention, treatment, and 4-7 rehabilitation services and for persons in the criminal justice 4-8 system or otherwise in a position to identify chemically dependent 4-9 persons and their families in need of service; 4-10 (7) require programs rendering services to chemically 4-11 dependent persons to safeguard those persons' legal rights of 4-12 citizenship and maintain the confidentiality of client records as 4-13 required by state and federal law; 4-14 (8) maximize the use of available funds for direct 4-15 services rather than administrative services; 4-16 (9) consistently monitor the expenditure of funds and 4-17 the provision of services by all grant and contract recipients to 4-18 assure that the services are effective and properly staffed and 4-19 meet the standards adopted under this article and the Health and 4-20 Safety Code; 4-21 (10) make the monitoring reports prepared under 4-22 Subdivision (9) a matter of public record; 4-23 (11) license treatment facilities under Chapter 464, 4-24 Health and Safety Code; 4-25 (12) use funds appropriated to the department to carry 4-26 out this article and maximize the overall state allotment of 4-27 federal funds; 5-1 (13) establish minimum criteria that peer assistance 5-2 programs must meet to be governed by and entitled to the benefits 5-3 of a law that authorizes licensing and disciplinary authorities to 5-4 establish or approve peer assistance programs for impaired 5-5 professionals; 5-6 (14) plan, develop, coordinate, evaluate, and 5-7 implement constructive methods and programs to provide healthy 5-8 alternatives for youth at risk of selling controlled substances; 5-9 and 5-10 (15) submit to the federal government reports and 5-11 strategies necessary to comply with Section 1926 of the federal 5-12 Alcohol, Drug Abuse, and Mental Health Administration 5-13 Reorganization Act, Pub. L. 102-321 (42 U.S.C. Section 300x-26). 5-14 (b) The department may establish regional alcohol advisory 5-15 committees consistent with the 24 state planning regions. 5-16 (c) The commissioner shall adopt rules as necessary to 5-17 implement this article. 5-18 SECTION 2. Chapter 461, Health and Safety Code, is repealed. 5-19 SECTION 3. The Texas Commission on Alcohol and Drug Abuse is 5-20 abolished on the effective date of this Act. All property, 5-21 records, and equipment in the custody of the Texas Commission on 5-22 Alcohol and Drug Abuse shall be transferred to the custody of the 5-23 Texas Department of Licensing and Regulation not later than 5-24 December 1, 1997, and all duties of that commission shall be 5-25 performed by that department beginning on the effective date of 5-26 this Act. 5-27 SECTION 4. This Act takes effect September 1, 1997. 6-1 SECTION 5. The importance of this legislation and the 6-2 crowded condition of the calendars in both houses create an 6-3 emergency and an imperative public necessity that the 6-4 constitutional rule requiring bills to be read on three several 6-5 days in each house be suspended, and this rule is hereby suspended.