SECTION 448.401. License 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