82R28764 EES-F
 
  By: Zaffirini S.B. No. 1449
 
  (Raymond)
 
  Substitute the following for S.B. No. 1449:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an alternative method of satisfying certain licensing
  requirements for chemical dependency treatment facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 464.005, Health and
  Safety Code, is amended to read as follows:
         (b)  The Department of State Health Services [commission]
  may require an inspection before renewing a license, unless the
  applicant submits an accreditation review from the Commission on
  Accreditation of Rehabilitation Facilities, the Joint Commission,
  or another national accreditation organization recognized by the
  department in accordance with Section 464.0055.
         SECTION 2.  Subchapter A, Chapter 464, Health and Safety
  Code, is amended by adding Section 464.0055 to read as follows:
         Sec. 464.0055.  ACCREDITATION REVIEW TO SATISFY INSPECTION
  REQUIREMENTS. (a)  In this section:
               (1)  "Accreditation commission" means the Commission
  on Accreditation of Rehabilitation Facilities, the Joint
  Commission, or another national accreditation organization
  recognized by the Department of State Health Services.
               (2)  "Department" means the Department of State Health
  Services.
         (b)  The department shall accept an accreditation review
  from an accreditation commission for a treatment facility instead
  of an inspection by the department for renewal of a license under
  Section 464.005, but only if:
               (1)  the treatment facility is accredited by the
  Commission on Accreditation of Rehabilitation Facilities, the
  Joint Commission, or another national accreditation organization
  recognized by the department;
               (2)  the accreditation commission maintains and
  updates an inspection or review program that, for each treatment
  facility, meets the department's applicable minimum standards;
               (3)  the accreditation commission conducts a regular
  on-site inspection or review of the treatment facility according to
  the accreditation commission's guidelines; and
               (4)  the treatment facility submits to the department a
  copy of its most recent accreditation review from the accreditation
  commission in addition to the application, fee, and any report or
  other document required for renewal of a license.
         (c)  This section does not limit the department in performing
  any duties, investigations, or inspections authorized by this
  chapter, including authority to take appropriate action relating to
  a treatment facility, such as closing the treatment facility.
         (d)  This section does not require a treatment facility to
  obtain accreditation from an accreditation commission.
         SECTION 3.  Section 464.005, Health and Safety Code, as
  amended by this Act, and Section 464.0055, Health and Safety Code,
  as added by this Act, apply only to the renewal of a license to
  operate a chemical dependency treatment facility that expires on or
  after the effective date of this Act.  A license that expires before
  that date is governed by the law in effect on the date the license
  expires, and the former law is continued in effect for that purpose.
         SECTION 4.  This Act takes effect September 1, 2011.