| (a) To be eligible for admission to a treatment program,
an individual must meet the current Diagnostic and Statistical Manual
of Mental Disorders (DSM) criteria for substance use disorders (or
substance withdrawal or intoxication in the case of a detoxification
program). The facility shall use a screening process appropriate for
the target population, individual's age, developmental level, culture,
and gender, which includes the Texas Department of Insurance (TDI)
criteria to determine eligibility for admission or referral including
an assessment of the client's financial resources and insurance benefits.
(b) The screening process shall collect other information
as necessary to determine the type of services that are required to
meet the individual's needs. This may necessitate the administration
of all or part of validated assessment instruments.
(c) TDI criteria shall guide referral and treatment
recommendations as well as placement decisions.
(d) Sufficient documentation shall be maintained in
the client record to support the diagnosis and justify the referral
or placement decision. Documentation shall include the date of the
screening and the signature and credentials of the Qualified Credentialed
Counselor (QCC) supervising the screening process.
(e) For admission to a detoxification program, the
screening will be conducted by a physician, the physician's designee,
physician assistant, nurse practitioner, registered nurse, or licensed
vocational nurse (LVN). An LVN may conduct a screening under the following
conditions:
(1) the LVN has completed detoxification training and
demonstrated competency in the detoxification process;
(2) the training and competency verification is documented
in the LVN's personnel file;
(3) the LVN shall convey in person or via telephone
the medical data obtained during the screening process to a physician
or the physician's designee, who shall determine the appropriateness
of the admission and authorize the admission or give instructions
for an alternative course of action; and
(4) the physician or the physician's designee shall
examine the client in person and sign the admission order within 24
hours of authorizing admission.
(f) For admission to all other treatment programs,
the screening will be conducted by a counselor or counselor intern.
(g) A detoxification program shall not offer screenings
through electronic means.
(h) A treatment program, other than a detoxification
program, may offer screenings in-person and face-to-face, or through
electronic means, as that term is defined by §448.911(a)(1) of
this chapter (relating to Treatment Services Provided by Electronic
Means). A facility offering screenings through electronic means shall
comply with the applicable requirements under §448.911 of this
chapter and the following requirements.
(1) Prior to screening an individual through electronic
means:
(A) a counselor intern, licensed professional counselor
assistant (LPC-A), or licensed master social worker (LMSW) must have
more than 2,000 hours of supervised work experience or have a supervised
work experience waiver under §140.408(b) of this title (relating
to Requirements for LCDC Licensure); and
(B) if the provider is a counselor intern, the intern
must have passed the chemical dependency counselor licensing exam.
(2) A counselor or counselor intern screening an individual
through electronic means shall use synchronous audiovisual technology,
as that term is defined by §448.911(a)(4) of this chapter, except
as provided under paragraph (3) of this subsection.
(3) To the extent allowed by federal law and only when
all the following criteria are met, the counselor or counselor intern
may screen an individual using synchronous audio-only technology,
as that term is defined by §448.911(a)(3) of this chapter, when:
(A) the screening occurs during a declared state of
disaster under Texas Government Code §418.014 (relating to Declaration
of State of Disaster) in the county in which the facility where the
client signed the client's consent for treatment form is located;
(B) the counselor or counselor intern determines and
documents a justification for their determination in the individual's
record that screening the individual using synchronous audio-only
technology is safe and clinically appropriate for the individual being
screened and the reason why the counselor or counselor intern did
not use synchronous audiovisual technology to screen the individual;
and
(C) the individual being screened agrees and provides
verbal consent, as that term is defined by §448.911(a)(5) of
this chapter, to participate in a screening using synchronous audio-only
technology.
(4) The counselor or counselor intern shall conduct
an in-person and face-to-face screening with an individual at the
individual's request or if the individual does not provide their verbal
consent to participate in a screening through electronic means as
required by §448.911(u) of this chapter.
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| Source Note: The provisions of this §448.801 adopted to be effective September 1, 2004, 29 TexReg 2020; transferred effective September 1, 2004, as published in the Texas Register September 10, 2004, 29 TexReg 8842; amended to be effective March 3, 2022, 47 TexReg 655; amended to be effective February 22, 2024, 49 TexReg 871 |
