PART 1. HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 564. CHEMICAL DEPENDENCY TREATMENT FACILITIES
SUBCHAPTER C. OPERATIONAL REQUIREMENTS
The Texas Health and Human Services Commission (HHSC) adopts new §564.39, concerning Dangers of Substance Misuse Educational Program Requirements.
New §564.39 is adopted with changes to the proposed text as published in the August 2, 2024, issue of the Texas Register (49 TexReg 5743). This rule will be republished.
BACKGROUND AND JUSTIFICATION
The new section is necessary to comply with and implement House Bill (H.B.) 5183, 88th Legislature, Regular Session, 2023.
H.B. 5183 amended Texas Transportation Code Chapter 521 and, in part, requires HHSC to approve a substance misuse educational program that a residential chemical dependency treatment facility licensed under Texas Health and Safety Code Chapter 464 may provide to an individual whose driver's license was suspended under Transportation Code §521.372. This program must be equivalent to an educational program approved by the Texas Department of Licensing and Regulation under Texas Government Code Chapter 171.
The new section is required to establish the standards for an equivalent educational program as required by Texas Transportation Code §521.374(a-1).
COMMENTS
The 31-day comment period ended September 3, 2024.
During this period, HHSC did not receive any comments regarding the proposed rule.
HHSC made a minor editorial change to §564.39(i) to replace "insure" with "ensure."
In accordance with Texas Transportation Code §521.375, HHSC jointly adopts this proposed rule with the Texas Department of Public Safety (DPS). In consultation with DPS, HHSC revised the certificate of completion requirement in §564.39(l)(2)(B)(i)(III) to include an identification card number.
HHSC also made a minor editorial change to §564.39(l)(2)(B)(i)(III) to ensure consistency with the statutory language in Texas Transportation Code §521.001(a)(6).
STATUTORY AUTHORITY
The new section is adopted under Texas Government Code §531.0055, which provides that the Executive Commissioner of HHSC shall adopt rules for the operation and provision of services by the health and human services agencies, and Texas Transportation Code Chapter 521, which authorizes the executive commissioner of the Health and Human Services Commission and the Department of Public Safety to jointly adopt rules.
§564.39.Dangers of Substance Misuse Educational Program Requirements.
(a) The purpose of this section is to establish the requirements for an educational program on the dangers of substance misuse pursuant to Texas Transportation Code Chapter 521, Subchapter P.
(b) Pursuant to Texas Transportation Code §521.374(a)(2), a residential chemical dependency treatment facility (CDTF) may provide an educational program to a resident of that facility whose driver's license is suspended under Texas Transportation Code §521.372. The facility must meet all requirements in this section for the CDTF's educational program to be considered equivalent under Texas Transportation Code §521.374(a)(2) to an educational program approved by the Texas Department of Licensing and Regulation under Texas Government Code Chapter 171.
(c) A CDTF that provides an educational program under this section may provide the educational program in person or online.
(d) The curriculum for an educational program provided under this section shall include at least the following key elements:
(1) Texas drug laws, including laws and penalties relating to controlled substances and the difference between state and federal statutes;
(2) history of substance misuse, including trends in the history of substance misuse and how substances impact individuals and society;
(3) stages of change, including how individuals integrate new behaviors and goals through five stages of change;
(4) substance misuse and the impact on physical health;
(5) physical health, human immunodeficiency virus (HIV), and sexually transmitted infections;
(6) community resources, including referrals to counseling, services that support the person's recovery, and testing;
(7) brain and the central nervous system;
(8) disease model of substance use disorder (mild, moderate, and severe);
(9) society and substance misuse, including how advertising, movies, and television influence substance misuse trends;
(10) Maslow's hierarchy of needs, including understanding basic human needs and how substance misuse impacts a person's ability to meet personal needs;
(11) substance misuse and its impact on personal and work relationships;
(12) personal values, attitude, and behavior;
(13) recovery, including treatment and community-based support programs or services;
(14) return to use prevention; and
(15) recovery plan.
(e)A CDTF that provides an online version of an educational pro gram under this section shall comply with §564.911 of this chapter (relating to Treatment Services Provided by Electronic Means).
(f) A CDTF that provides an in-person version of an educational program under this section shall conduct the educational program's course at the CDTF's physical location.
(g) The CDTF shall make provisions for residents unable to read or speak English. The facility shall provide separate courses in English and in a second language(s) appropriate to the population(s) served at the CDTF.
(h) To serve as an instructor of an educational program under this section, an individual must be an employee of the CDTF and must have a minimum of two years of relevant and documented experience providing direct client services to persons with substance misuse problems and serve as one of the following:
(1) licensed chemical dependency counselor;
(2) registered counselor intern;
(3) licensed social worker;
(4) licensed professional counselor;
(5) licensed professional counselor intern;
(6) certified teacher;
(7) licensed psychologist;
(8) licensed physician or psychiatrist;
(9) probation or parole officer;
(10) adult or child protective services worker;
(11) licensed vocational nurse; or
(12) licensed registered nurse.
(i) A single instructor shall teach the entire course. The instructor shall document all information related to the resident participating and completing the course. The CDTF shall ensure all course documentation is placed in the resident's client record.
(j) The instructor shall:
(1) require participants to complete all the class modules within the course in the proper sequence;
(2) administer and evaluate pre-course and post-course program test instruments for each participant;
(3) administer a participant course evaluation at the end of each course; and
(4) conduct an exit interview with each participant.
(k) Each educational program shall include at least:
(1) 15 hours of class instruction per course; and
(2) five class modules of instruction per course.
(l) In order for the Texas Department of Public Safety (DPS) and Texas Health and Human Services Commission (HHSC) to accept a certificate as valid, the CDTF shall use the standardized certificate format described in this subsection.
(1) The CDTF shall create and issue a certificate of completion to a resident on the resident's participation in and successful completion of the educational program. The CDTF shall maintain an ascending numerical accounting record of all issued certificates.
(2) The certificate issued by the CDTF for completion of the education program under this section shall use the following format and, at minimum, consist of the following:
(A) The CDTF shall create a certificate that:
(i) is 8.5 inches wide and 3.5 inches long;
(ii) consists of a blue background color; and
(iii) aside from the required handwritten signature, consists only of a typed 12-point font that is legible and easy to read.
(B) The CDTF shall include on the left side of the certificate:
(i) the resident's:
(I) full name;
(II) date of birth;
(III) driver's license or identification card number;
(IV) address; and
(V) offense cause number;
(ii) the name of the county that convicted the resident; and
(iii) the date the resident successfully completed the educational program under this section.
(C) The CDTF shall include on the right side of the certificate:
(i) the CDTF's:
(I) full name as it appears on the facility's license, including any headquarters or Assumed Name or Doing Business As names;
(II) address;
(III) phone number; and
(IV) residential facility license number;
(ii) the instructor's printed full name and signature; and
(iii) the date of the instructor's signature.
(D) The CDTF shall include a serial number unique to each certificate issued in the top right corner of the certificate. When creating certificate serial numbers, the CDTF shall use consecutive serial numbers and issue certificates to residents in consecutive order.
(3) The CDTF shall maintain a copy of each issued certificate of program completion for at least three years from the date of course completion.
(m) An HHSC representative may determine compliance with this section during an inspection or investigation of a CDTF that offers an educational program under this section.
(n) In accordance with Transportation Code §521.375(a-1), HHSC and DPS are responsible for jointly adopting rules for qualification and approval of an educational program a CDTF provides under this section. For any proposed changes to the rules outlined in this section, HHSC solicits input from DPS during the rulemaking process.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on November 8, 2024.
TRD-202405469
Karen Ray
Chief Counsel
Health and Human Services Commission
Effective date: November 28, 2024
Proposal publication date: August 2, 2024
For further information, please call: (512) 834-4591