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RULE §229.142Definitions

The following words and terms, when used in the sections of this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Administer--The direct application of a prescription drug by ingestion or any other means to the body of a patient by: a licensed practitioner, an agent of the practitioner, supervised by and under the order of the practitioner; or, the patient, at the direction of or in the presence of a practitioner.

  (2) Agent--A pharmacist, registered nurse, licensed practical/vocational nurse, physician's assistant, or any other health care professional authorized by federal and state law to administer or dispense narcotic drugs.

  (3) Approved narcotic drug--A drug approved by the United States Food and Drug Administration for maintenance and/or detoxification of a person physiologically addicted to opiate class of drugs.

  (4) Approved narcotic drug permit--A permit issued by the department to an applicant to operate a Narcotic Treatment Program (NTP) which provides an approved narcotic drug for maintenance and/or detoxification and rehabilitative services to opioid addicted individuals.

  (5) Approved to treat (ATT)--The maximum number of patients the NTP is allowed to treat at any point in time under the approved permit. This number is based on a maximum of 50 patients for each counselor employed by the program.

  (6) Formal hearing procedures--The formal hearing procedures of the department in §§1.21, 1.23, 1.25, and 1.27 of this title (relating to Formal Hearing Procedures) for conducting hearings on denial of application, suspension, or revocation of permit.

  (7) Central Registry--A process in which an NTP shall share patient identifying information about individuals who are applying for or undergoing detoxification or maintenance treatment on an approved narcotic drug to a central record system at the department.

  (8) Chemical dependency counseling--Face-to-face interactions between patients and counselors to help patients identify, understand, and resolve issues and problems related to chemical dependency.

  (9) Chemical dependency counselor--A qualified credentialed counselor, as defined in Title 40, Texas Administrative Code (TAC), Chapter 150, or, counselor intern working under direct supervision of a licensed counselor or physician.

  (10) Counselor intern (CI)--A person pursuing a course of training in chemical dependency counseling as defined in 40 TAC, Chapter 150.

  (11) Department--The Department of State Health Services.

  (12) DEA--Drug Enforcement Administration.

  (13) Dispense--Preparing, packaging, compounding, or labeling for delivery a prescription drug in the course of professional practice to an ultimate user by or pursuant to the lawful order of a practitioner.

  (14) FDA--Food and Drug Administration.

  (15) Fee certificate--A document issued annually by the department after payment by the narcotic treatment program of the required fee based on the number of patients approved to treat.

  (16) Hospital--A health care facility licensed by the department as a general hospital or a special hospital under the Health and Safety Code, Chapter 241; or a health care facility licensed as a private mental hospital under Health and Safety Code, Chapter 577; or a hospital directly operated under the authority of other statutes of the state.

  (17) Medical director--A physician, licensed to practice medicine in the jurisdiction in which the program is located, who assumes responsibility for the administration of all medical services performed by the NTP, including ensuring that the program is in compliance with all federal, state, and local laws and regulations regarding the medical treatment of narcotic addiction with a narcotic drug.

  (18) Medication unit--A facility established as part of, but geographically dispersed (i.e., separate) from a narcotic treatment program from which licensed private practitioners and community pharmacists are permitted to administer and dispense a narcotic drug, and are authorized to collect samples for drug testing or analysis for narcotic drugs.

  (19) Narcotic drug--A drug as defined in Texas Controlled Substances Act, Health and Safety Code, §481.002(29)(A)-(D) and Title 42, Code of Federal Regulations (CFR), Part 8.

  (20) Narcotic treatment program (NTP)--An organization which has been issued an approved narcotic drug permit by the department and the permit has not been suspended, revoked, or surrendered to the department.

  (21) Person--An individual, corporation, organization, government or governmental subdivision, agency, business trust, partnership, association, or any other legal entity.

  (22) Practitioner--As defined in Health and Safety Code, Chapter 481.

  (23) Program director--An individual who provides overall administrative management to the NTP under guidelines established by the permit holder and the medical director.

  (24) Program physician--A licensed physician who will provide medical treatment and counsel to the patients of an NTP under the supervision of the medical director.

  (25) Program sponsor--A person named in the application for an NTP permit who is responsible for the operation of the narcotic treatment program and who assumes responsibility for all its employees, including any practitioners, agents, or other persons providing medical, rehabilitative, or counseling services at the program or any of its medication units. The program sponsor need not be a licensed physician but shall employ a licensed physician for the position of medical director.

  (26) Standing orders--Written instructions prepared by a licensed physician pursuant to the rules of the Texas State Board of Medical Examiners relating to standing delegation orders, as described in 22 TAC §§193.1-193.6, and shall be approved by the State Methadone Authority (SMA).

  (27) State Methadone Authority (SMA)--The department, Drugs and Medical Devices Division.

  (28) Status Report--A bi-annual report submitted by the permit holder on a form provided by the department. The content of the report is determined by the department.

  (29) SAMHSA--Substance Abuse and Mental Health Services Administration.

Source Note: The provisions of this §229.142 adopted to be effective September 3, 1990, 15 TexReg 4823; amended to be effective September 1, 1992, 17 TexReg 5545; amended to be effective August 28, 1996, 21 TexReg 7845; amended to be effective December 31, 2001, 26 TexReg 10871; amended to be effective January 1, 2005, 29 TexReg 11980

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