| (a) A facility providing or offering chemical dependency
treatment in Texas shall have a license issued by the Texas Health
and Human Services Commission (HHSC) unless it is:
(1) a facility maintained or operated by the Federal
government or its agencies;
(2) a facility directly operated by the State of Texas;
(3) a facility licensed by HHSC under Texas Health
and Safety Code Chapter 241, 243, 248, 466, or 577;
(4) an educational program for intoxicated drivers;
(5) an individual who personally provides counseling
or support services to a person with a chemical dependency but does
not offer or purport to offer a chemical dependency treatment program;
(6) the private practice of a licensed health care
practitioner or licensed chemical dependency counselor who personally
renders individual or group services within the scope of the practitioner's
license and in the practitioner's office;
(7) a religious organization registered under Texas
Health and Safety Code Chapter 464, Subchapter C;
(8) a 12-step or similar self-help chemical dependency
recovery program:
(A) that does not offer or purport to offer a chemical
dependency treatment program;
(B) that does not charge program participants; and
(C) in which program participants may maintain anonymity;
(9) a juvenile justice facility or juvenile justice
program, as defined by Texas Family Code §261.405; or
(10) a satellite office or location in which the person
providing services is operating under the supervision of a licensed
outpatient care facility and the services delivered at the satellite
site fall within the scope of the licensure of the outpatient care
facility.
(b) The facility shall have a license for each physical
location at which it provides residential services or outpatient services.
(c) A license is not transferable to a separate legal
entity or to a different physical address.
|
| Source Note: The provisions of this §448.401 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 |
