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RULE §448.401License Required

(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

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