Texas State Laws and Regulations
The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.
Downloadable Resources:
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- Employee Confidentiality Agreement
- Employee Orientation Checklist
- Client Records Checklist
- Quality Assurance
- Initial Training Requirements
Overview
A list of overall rules and regulations for Texas. Click on the appropriate question to expand for more information.
What does it mean to be "licensed," "certified," "registered," or "accredited" in this industry?
Which addiction treatment facilities are required to be licensed and what kind of services can they provide?
Which addiction treatment facilities are exempt from licensure requirements?
Licensing & Certification
A list of rules and regulations for Texas related to licensing and certification. Click on the appropriate question to expand for more information.
Which body licenses drug rehabilitation facilities in the State of Texas?
What information must be provided in an initial application for licensure?
How long does a licensing application usually take?
Does a license have to be renewed?
What kinds of onsite audits or inspections will there be for licensure determination and how can a facility prepare?
What kinds of things could affect a license once granted?
Does a facility have to be certified?
What are the practical benefits of certifying a facility?
How does a facility apply for certification?
Zoning and Land Use
A list of rules and regulations for Texas relating to zoning and land use. Click on the appropriate question to expand for more information.
What are the protections afforded to small group homes used for the purpose of residential drug rehabilitation?
Are there any proximity restrictions regulating how close treatment centers may be to each other? Can a residential treatment center be opened right next to one that is already there?
What kind of spaces can be used as treatment facilities?
Care, Treatment, and Services
A list of rules and regulations for Texas relating to care, treatment, and services. Click on the appropriate question to expand for more information.
How does a program decide if a client is suitable for the services they can provide?
What kind of health examinations are needed prior to admitting a client?
What documentation should be collected from the client during intake?
What should a facility put in its admissions agreement?
What should go in a treatment plan?
What services is a facility required to provide to a client?
Are facilities permitted to physically restrain an aggressive client?
How should staff manage client medication?
What rights are guaranteed to clients?
What are the circumstanced under which a client should be discharged from a treatment program?
If a facility needs to discharge a client that relapsed, will the facility be at risk if he or she overdoses tonight and, if so, how can the facility protect itself?
How can a facility prepare clients for discharge?
How should clients’ privacy be protected?
What kind of governance structure should a substance abuse facility have?
What are the staffing requirements for different types of services?
Can a program employ its own clients?
Payment and Marketing
A list of rules and regulations for Texas relating to payment and marketing. Click on the appropriate question to expand for more information.
How should a facility respond to clients who are unable to pay the required deductibles? Can a facility waive a program participant’s financial responsibility?
What are the key issues insurers raise to demand recoupment of fees from substance abuse treatment programs?
What marketing practices are prohibited?
What are the limits of gift giving to potential referral sources?
What kind of benefits can a facility offer existing or new clients?
Recovery Residences
A list of rules and regulations for Texas relating to recovery residences. Click on the appropriate question to expand for more information.
What is a sober home?
Is a license required to open a sober home?
Are there any consequences to being unlicensed?
What kinds of services can a sober home offer?
How can a sober home demonstrate to clients that it is offering a high-quality living environment?
Does a sober home have to obtain certification in order to operate?
How does a sober home apply for certification, and what is the process?
What should a sober home do in preparation for the onsite compliance review?
How often must a sober home renew certification?
What are the protections afforded by federal law to small group homes used for sober living residences?
Can local governments put special restrictions on sober living residences?
What other aspects should an operator consider before choosing a location for its sober home?
What are sober homes’ obligations to residents?
What kind of agreement should sober homes ask residents to sign?
Can a sober home insist on drug tests and searches?
Can a sober home bill insurance for required and/or random drug testing?
Can a sober home make residents’ obligations contractually enforceable?
What ownership and staffing structures are common with these types of residential arrangements?
Are there any other organizations that could help us?
Reminder:
The information provided in this FAQ is intended to provide general information only and does not constitute legal counsel or advice. Members are encouraged to seek their own independent legal counsel to establish compliant policies, procedures, and programs.
Members must log in to see the full answer and download the forms.
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