<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §163.40Substance Abuse Treatment

  (9) A diagnostic summary signed and dated by a QCC.

(h) Orientation. Each program shall establish written policies and procedures for the orientation process. Orientation shall be provided at the onset of treatment and in accordance with the level of treatment to be provided. The orientation shall relay information concerning program rules, the grievance procedure, and the steps necessary for offenders to complete treatment successfully.

(i) Offender Rights. The offender's basic rights shall be respected and protected, free from abuse, neglect, exploitation, and discrimination. Each provider shall have written policies and procedures to ensure protection of the offender's rights according to federal and state guidelines.

(j) Release of Information. There shall be written policies and procedures for protecting and releasing offender information that conforms to federal and state confidentiality laws. The staff shall follow written policies and procedures for responding to oral and written requests for information that identifies an offender.

(k) Offender Records. There shall be written policies and procedures regarding the content of offender treatment records. Residential programs shall maintain separate individual treatment records for defendants. Case records, whether residential or outpatient, shall include the following information at a minimum:

  (1) Court order placing the offender into the program;

  (2) Initial intake information form;

  (3) Referral documentation;

  (4) Case information from referral source, if applicable;

  (5) Release of information forms;

  (6) Relevant medical information;

  (7) Case history and assessment including risk and needs assessment and Strategies for Case Supervision, if required;

  (8) Individual treatment plan;

  (9) Evaluation and progress reports; and

  (10) Discharge summary.

(l) Offender Records Review Policy. There shall be written policies and procedures to govern the access of offenders to their own substance abuse treatment records in accordance with Texas Health and Safety Code and 42 Code of Federal Regulations Part 2. This access does not apply to criminal justice records. Restrictions on access to treatment records shall be specified and explained to offenders upon request. Exceptions may be made if providing the records to the offender has the potential to harm the offender or others.

(m) Treatment Planning and Review. Initial individual treatment plans shall be completed by the counselor collaborating with the offender within 10 working days from the date of admission to a community corrections facility (CCF), county correctional center, or any other substance abuse treatment program or through a similar process approved by the community supervision and corrections department (CSCD). Substance abuse treatment shall be based on substance abuse, chemical dependency or addiction, and other criminogenic risks and needs identified through assessments and revised according to the offender's successful resolution of those substance abuse, chemical dependency, addiction, and other criminogenic risks and needs. Treatment plans shall include criteria for discharge that are based on the achievement of treatment plan goals and shall be reviewed at timely intervals with a minimum of once each month or when major changes occur such as a change in stage. The treatment planning and review process shall ensure that:

  (1) The primary counselor meets with the offender as needed to review the treatment plan, evaluating goal progress and revisions;

  (2) All revised treatment plans are signed and dated by the counselor and the offender; and

  (3) Results of the review are documented and placed in the treatment file, with a copy to the CSO.

(n) Treatment Progress Notes. There shall be written policies and procedures to require all programs to record and maintain progress notes on all offender case records, document counseling sessions, and summarize significant events that occur throughout the treatment process. Progress notes shall be documented at a minimum of once each week.

(o) Changes in Treatment Stages. Each treatment program shall develop written criteria based on achievement of treatment plan goals for an offender to advance or regress from a stage of treatment. An offender must meet the criteria for a change in the stage of treatment before such a change or a discharge is implemented. The treatment team shall confer when the offender is subject to a major setback in the program and prior to discharge.

(p) Discharges from Treatment. Discharge from a program shall be according to one of the following criteria:

  (1) Completion of Program. The offender has made sufficient progress towards meeting the objectives of the treatment plan, including addressing criminogenic risks and needs and program requirements, or the offender has satisfied a period of placement as a condition of community supervision;

  (2) Inappropriate Placement or Unable to Participate. The offender is removed:

    (A) By order of the court;

    (B) By operation of law for conduct occurring prior to admission into the program; or

    (C) Because the program did not address the risk and needs of the offender.

  (3) Violation of Program. The offender has demonstrated noncompliance with the program criteria or court order, including absconding from the program; or

  (4) Other. The offender manifests a medical or psychological problem, including death, which prohibits participation or completion of the program requirements.

(q) Discharge Plan. The treatment team shall adopt a discharge plan for each offender prior to successful discharge. The discharge plan shall be sent to the offender's CSO within seven days after discharge and provide a summary of:

  (1) Clinical problems at the onset of treatment and original diagnosis;

  (2) The problems or needs and strengths or weaknesses identified on the master treatment plan;

  (3) The goals and objectives established;

  (4) The course of treatment;

  (5) The outcomes achieved; and

  (6) A continuum of care and relapse plan for aftercare treatment, which must be prepared with the offender and a family member or significant other, if appropriate and available.

(r) Discharge Summary. A discharge summary shall be prepared, within 30 days, for all offenders who leave the program successfully. The summary shall include elements (1) - (5) of the discharge plan.

(s) General Program Services Provisions. Specific services shall be required of all substance abuse treatment programs. Written policies and procedures shall ensure the following standards are met:

  (1) All substance abuse services shall be delivered according to a written treatment plan that has been developed from the offender's assessment.

  (2) Group counseling sessions are limited to a maximum of 16 offenders. Group education and life skills training sessions are limited to a maximum of 35 offenders. These limits do not apply to multi family educational groups, seminars, outside speakers, or other events designed for a large audience.

  (3) All programs shall employ a QCC.

  (4) All counselor interns shall work under the direct supervision of a QCC.

  (5) Chemical dependency counseling shall be provided by a QCC, graduate, or counselor who has the specialized education, training, or expertise in that subject matter. Chemical dependency education shall be provided by counselors or individuals who have the specialized education, training, or expertise in that subject matter.

  (6) Direct care staff shall be awake and alert on site during all hours of program operation.

  (7) Residential programs shall have, at a minimum, one counselor on duty at least eight hours a day, five days a week.

  (8) Offenders in residential programs shall have an opportunity for eight continuous hours of sleep each night. Staff shall conduct and document at least three checks while offenders are sleeping.

  (9) The program shall include a culturally diverse curriculum applicable to the population served and shall be evidenced through demonstrated, appropriate counseling, and instructional materials.

  (10) Members of the offender treatment team shall demonstrate effective communications and coordination, as evidenced in staffing, treatment planning, and case management documentation.

  (11) There shall be written policies and procedures regarding the delivery and administration of prescription and nonprescription medication that provide for:

    (A) Conformity with state regulations; and

    (B) Documentation of the administration of medications, medication errors, and drug reactions.

  (12) Chemical dependency education and life skills training shall follow a course outline that identifies lecture topics and major points to be discussed. All educational sessions shall include offender participation and discussion of the material presented.

  (13) The program shall provide education about the health risks of tobacco products and nicotine addiction.

  (14) The program shall provide human immunodeficiency virus (HIV), Hepatitis B and C, and tuberculosis education based on the Model Workplace Guidelines for Direct Service Providers developed by the DSHS.

  (15) Offenders shall have access to HIV counseling and testing services directly or through referral, as follows:

    (A) HIV services shall be voluntary, anonymous, and not limited by ability to pay.

    (B) Counseling shall be based on the model protocol developed by the DSHS.

    (C) In all TDCJ CJAD funded facilities, testing, as well as pre- and post-test counseling, shall be provided by the medical department or contracted medical provider.

  (16) The program shall make testing and information for tuberculosis and sexually transmitted diseases available to all offenders, unless the program has access to test results obtained during the past year, as follows:

    (A) Services may be made available directly or through referral.

    (B) If an offender tests positive for tuberculosis or a sexually transmitted disease, the program shall refer the offender to an appropriate health care provider and take appropriate steps to protect offenders and staff.

    (C) A CCF shall report to the local health department the release of an offender who is receiving treatment for tuberculosis.

  (17) The program shall:

    (A) Refer pregnant offenders who are not receiving prenatal care to an appropriate health care provider and verify services were received; and

    (B) Refer offenders to ancillary services, such as mental health services, necessary to meet treatment goals.

  (18) CSCDs that contract for services shall give preference to available programs that include the following elements of best practices in criminal justice treatment. CSCDs that conduct their own programs are required to incorporate the following elements of best practices in criminal justice treatment:

    (A) Validated treatment assessments that include substance abuse, dependency, or addiction, and other criminogenic risks and needs factors;

    (B) A treatment regimen that focuses on changing substance abuse, dependency or addiction, and other criminogenic risks and needs, behaviors, and thinking patterns;

    (C) A treatment regimen that includes a specific, cognitive behavioral program that has been recognized in professional criminal justice journals; and

    (D) Responsivity in addressing offenders' needs and in employment of qualified staff.

  (19) CSCDs that place offenders in substance abuse treatment programs shall ensure that offenders are referred to available aftercare services, giving preference to programs that incorporate best practices elements.

(t) Stages of Treatment. All CCFs providing substance abuse treatment shall designate in the current facility's Community Justice Plan program proposal stages of treatment to be provided as described in subsections (v) - (y) of this rule.

(u) Detoxification. Offenders being referred to detoxification services shall be referred to licensed service providers.

(v) Intensive Residential Treatment. Written policies and procedures shall ensure the following:

  (1) All offenders admitted to intensive residential treatment shall have written justification to support their admission, be medically stable, and able to participate in treatment.

  (2) The program shall provide adequate staff for close supervision and individualized treatment with counselor caseloads not to exceed 10 offenders.

  (3) There shall be direct care staff alert and on site during all hours of operation. There shall be an appropriate number of direct care staff to provide all required program services, maintain an environment that is conducive to treatment, and ensure the safety and security of the offenders, according to the design of the facility and with the approval of the funding source.

  (4) Program counselors shall complete a comprehensive offender assessment and individual treatment plan within 10 working days of admission.


Next Page Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page