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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 448STANDARD OF CARE
SUBCHAPTER DFACILITY LICENSURE INFORMATION
RULE §448.401License Required

(a) A facility providing or offering chemical dependency treatment in Texas shall have a license issued by the Commission 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 chemical dependency treatment program approved by the Texas Department of Health within a licensed general hospital, specialty hospital, or private psychiatric facility;

  (4) a pharmacotherapy program licensed by the Texas Department of Health;

  (5) an educational program for intoxicated drivers;

  (6) an individual who personally provides support services to chemically dependent individuals but does not offer or purport to offer chemical dependency treatment;

  (7) 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;

  (8) a religious organization registered under Tex. Health & Safety Code Ann. §§464.051-.061 (Vernon 2001 & Supp. 2004);

  (9) 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; or

  (10) a substance abuse facility or program operating under the standards adopted by the Texas Board of Criminal Justice pursuant to Chapter 509 of the TEXAS GOV'T. CODE (Vernon 1998 & Supp. 2003)

(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

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