| (3) The program shall set limits on counselor caseload size to ensure effective, individualized treatment and rehabilitation. Criteria used to set the caseload size shall be documented and approved by the funding entity. (4) Didactic groups shall not exceed 35 offenders per group. (5) Therapeutic groups shall not exceed 16 offenders per group. (6) For offenders in supportive outpatient programs, counselors shall complete a comprehensive offender assessment within 30 calendar days of admission. (7) For offenders in intensive outpatient programs, counselors shall complete a comprehensive offender assessment within 10 calendar days of admission. (8) Intensive outpatient programs shall deliver no less than six hours per week of chemical dependency counseling with a cognitive behavioral approach. (9) Supportive outpatient programs shall deliver no less than two hours per week of chemical dependency counseling. (10) Each offender's progress shall be assessed regularly by clinical staff to help determine the length and intensity of the program. (11) Counseling and education schedules shall be submitted to the funding entity for approval. (12) The program design and application shall include increasing levels of responsibility for offenders and frequent opportunities for offenders to apply knowledge and practice skills in structured and unstructured settings. (13) The outpatient treatment stages may be used for residents in the work release phase of any residential substance abuse treatment program. (y) Special Needs Populations. Written policies and procedures shall ensure the following: (1) Programs that address the special mental health, intellectual capacity, or medical needs of offenders shall provide appropriate treatment either by program staff or through contracted services. (2) Admission to a special needs program shall be based on a documented mental health, intellectual capacity, or medical need. (3) When the assessment process indicates that the offender has coexisting disabilities and disorders, the treatment plan shall specifically address those issues that might impact treatment, recovery, relapse, and recidivism. (4) Personnel qualified in the treatment of coexisting disabilities and disorders shall be available as needed. (5) Within 96 hours of admission to a special needs residential program, an offender shall be administered a medical and psychological evaluation. (6) Within 10 days of admission to a residential program for special needs offenders, the program administrator or designee shall contact the Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) regarding the offender's status. As soon as a discharge date is projected, TCOOMMI shall be notified in writing of plans for a continuum of care after discharge, regardless of whether or not the discharge is for successful completion of the program. (7) Residential facilities providing services for special needs populations shall have procedures to provide access to health care services, including medical, dental, and mental health services, under the control of a designated health authority. When this authority is other than a physician, final medical judgments shall rest with a single designated responsible physician licensed by the state. (A) Services and treatment shall be directed toward maximizing the functioning and reducing the symptoms of offenders. (B) There shall be written policies and procedures regarding the delivery and administration of prescription and nonprescription medication that provide for: (i) Conformity with state regulations; (ii) Documentation of the rationale for use and goals of service and treatment consistent with the individual treatment plan; (iii) Documentation of the administration of medications, medication errors, and drug reactions; and (iv) Procedures to follow in case of emergencies. (8) There shall be procedures for documenting that the offender has been informed of medication management procedures. (9) Offenders shall be actively involved in decisions related to their medications. (10) Programs for special needs offenders shall follow the same staffing for treatment levels as the levels for other offenders, except all residential programs shall maintain caseloads of no greater than 16 offenders for each counselor. (11) Programs operating in residential facilities shall ensure that offenders have no less than 10 days of appropriate medication for use after discharge. (z) Use of Force. The CSCD director and facility director shall ensure that a residential treatment program has written policies, procedures, and practices that restrict the use of physical force to instances of self protection, protection of offenders or others, or prevention of property damage. The use of physical force against an offender is never justifiable as punishment. A written report shall be prepared following all uses of force, and all such written reports shall be promptly submitted to the CSCD director and facility director for review and follow-up. Only an individual who is properly trained in the use of such devices may use restraining devices, aerosol sprays, and chemical agents. These devices shall only be used in an emergency by such an individual in self protection, protection of others, or other circumstances as described previously. |
| Source Note: The provisions of this §163.40 adopted to be effective October 4, 1998, 23 TexReg 9775; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2003, 28 TexReg 3065; amended to be effective April 21, 2005, 30 TexReg 2234; amended to be effective September 11, 2011, 36 TexReg 5693 |
