| (41) Screening--The process through which qualified
staff, client, and available significant others, as appropriate, determine
the most appropriate initial course of action, given the individual's
needs and characteristics and the available resources within the community.
In a treatment program, screening includes determining whether an
individual is appropriate and eligible for admission to a particular
program.
(42) Services--Substance abuse services.
(43) Sexual contact--Any intentional touching, or request
to be allowed to touch, by a chemical dependency counselor, counselor
intern, certified clinical supervisor, applicant for any such license,
or personnel of a clinical training institution or other licensee,
including touching through clothing, of the anus, breast, or any part
of the genitals of a client; any intentional touching of any part
of the body of a client, or request to be allowed to touch, including
touching through clothing, with the anus, breast, or any part of the
genitals of a chemical dependency counselor, counselor intern, certified
clinical supervisor, applicant for any such license, or personnel
of a clinical training institution or other licensee; or any compulsion
or encouragement by a chemical dependency counselor, counselor intern,
certified clinical supervisor, clinical training institution, applicant
for any such license, or personnel of such licensee, for a client
to engage in touching through clothing, of the anus, breast, or any
part of the genitals of another individual, or for a client to touch
any part of the body of another individual with the anus, breast,
or any part of the client's genitals.
(44) Sexual Exploitation--A pattern, practice, or scheme
of conduct by a chemical dependency counselor, counselor intern, certified
clinical supervisor, clinical training institution, applicant for
any such license, or personnel of any such person, that involves a
client and can reasonably be construed as being for the purpose of
sexual arousal or gratification or sexual abuse. It may include, without
limitation, sexual contact, a request for sexual contact, or a representation
that sexual contact or exploitation is consistent with, a part of,
or a condition of receiving services. It is not a defense to sexual
exploitation of a client if it occurs:
(A) with the actual or perceived consent of the client;
(B) outside of the delivery of services;
(C) off of the premises used for the delivery of substance
abuse services; or
(D) after the client has stopped receiving services,
where the conduct occurs within two years of when the client stopped
receiving services.
(45) State Office of Administrative Hearings (SOAH)--The
agency to which contested cases are referred by the department.
(46) Substance Abuse--A maladaptive pattern of substance
use leading to clinically significant impairment or distress, as defined
by the most recently published version of the DSM.
(47) Substance Abuse Education--A planned, structured
presentation of information provided by qualified staff, related to
substance abuse or substance dependence, allowing for discussion of
the material presented, and relevant to the client's goals.
(48) Substance Abuse Services (Services)--A comprehensive
term intended to describe activities undertaken to address any substance-related
disorder as well as education and prevention activities. The term
includes, without limitation, the provision of screening, assessment,
referral, chemical dependency treatment, and chemical dependency counseling.
(49) Treatment Plan--An individualized, written plan
developed and implemented through a collaborative process between
qualified personnel and the client and reflecting and identifying
desired treatment outcomes and the strategies for achieving them.
At a minimum, the treatment plan addresses the identified substance
use disorder(s), as well as issues related to treatment progress,
including relationships with family and significant others, employment,
education, spirituality, health concerns, and legal needs.
(50) Unethical Conduct--Conduct prohibited by the ethical
standards adopted by state or national professional organizations
or by rules established by a profession's state licensing agency.
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