SECTION 353.101. Definitions

The following words and terms have the following meanings when used in this chapter unless the context clearly indicates otherwise.

(1) Client--An individual who receives or has received substance use disorder services from a provider in a substance use disorder treatment program.

(2) Clinical Training Institution--An individual or legal entity registered with the Texas Department of State Health Services to supervise a licensed chemical dependency counselor intern.

(3) Consenter--The individual legally responsible for giving informed consent for a client.

(4) Counseling--A collaborative process that facilitates the client's progress toward mutually determined treatment goals and objectives. Counseling includes methods that are sensitive to individual client characteristics, to the influence of significant others, and to the client's cultural and social context.

(5) Diagnostic and Statistical Manual of Mental Disorders (DSM)--The Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. Any reference to DSM constitutes a reference to the most recent edition unless the context clearly indicates otherwise.

(6) Discharge--Formal, documented termination of services.

(7) Juvenile Justice Facility (or Facility)--A facility operated wholly or partly by the juvenile board, by another governmental unit, or by a private vendor under a contract with the juvenile board, county, or other governmental unit that serves juveniles under juvenile court jurisdiction. The term includes:

(A) a public or private juvenile pre-adjudication secure detention facility, including a holdover facility;

(B) a public or private juvenile post-adjudication secure correctional facility except for a facility operated solely for children committed to the Texas Juvenile Justice Department; and

(C) a public or private non-secure juvenile post-adjudication residential treatment facility that is not licensed by the Texas Department of Family and Protective Services or the Texas Department of State Health Services.

(8) Juvenile Justice Program (or Program)--A program or department operated wholly or partly by the juvenile board or by a private vendor under a contract with a juvenile board that serves juveniles under juvenile court jurisdiction. The term includes:

(A) a juvenile justice alternative education program;

(B) a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court; and

(C) a juvenile probation department.

(9) Licensed Chemical Dependency Counselor--A counselor licensed by the Texas Department of State Health Services pursuant to Chapter 504, Occupations Code.

(10) Licensed Chemical Dependency Counselor Intern--A person registered with the Texas Department of State Health Services who is pursuing a course of training in chemical dependency counseling at a registered clinical training institution.

(11) Life Skills Training--A structured program of training, based upon a written curriculum and provided by qualified personnel, designed to help clients with social competencies such as communication and social interaction, stress management, problem-solving, decision-making, and management of daily responsibilities.

(12) Personnel--The members of the governing body of a juvenile justice facility or juvenile justice program and, without limitation, the employees, contractors, consultants, agents, representatives, volunteers, interns, or other individuals working for or on behalf of the facility or program through a formal or informal agreement.

(13) Prevention--A proactive process that uses multiple strategies to preclude the illegal use of alcohol, tobacco, and other drugs and to foster safe, healthy, drug-free environments.

(14) Provider--A person who provides or offers to provide substance use disorder treatment in a substance use disorder treatment program. The term is limited to a qualified credentialed counselor or any other person authorized by the State of Texas to provide substance use disorder treatment under the supervision of a QCC.

(15) Qualified Credentialed Counselor (QCC)--Means:

(A) a licensed chemical dependency counselor who is licensed and in good standing in the State of Texas;

(B) one of the practitioners listed below who is licensed and in good standing in the State of Texas and, in performing any activity as a QCC, is acting within the authorized scope of the individual's license:

(i) licensed professional counselor (LPC);

(ii) licensed clinical social worker (LCSW);

(iii) licensed marriage and family therapist (LMFT);

(iv) licensed psychologist;

(v) licensed physician;

(vi) licensed physician assistant;

(vii) certified addictions registered nurse (CARN);

(viii) advanced practice registered nurse licensed by the Texas Board of Nursing as a psychiatric/mental health clinical nurse specialist or psychiatric/mental health nurse practitioner; or

(C) an individual with a license that the administrative rules of the Texas Department of State Health Services identify as sufficient to qualify the individual as a QCC.

(16) Recovery Maintenance--A level of treatment designed to maintain and support a client's continued recovery.

(17) Substance Use Disorder--Defined by the most recent published edition of the Diagnostic and Statistical Manual of Mental Disorders (see DSM).

(18) Substance Use Disorder Services (or Services)--A comprehensive term intended to describe activities undertaken to address any substance use disorder, including prevention activities. The term includes the provision of screening, assessment, referral, and treatment.

(19) Substance Use Disorder Treatment (or Treatment)--A planned, structured, and organized clinical intervention designed primarily to help the client achieve appropriate levels of physical, psychological, or social functioning by identifying and changing patterns of behavior that are maladaptive, destructive, or injurious to health and that are related to or resulting from substance use disorders.

(20) Substance Use Disorder Treatment Program (or Treatment Program)--A program that has a primary focus on providing substance use disorder treatment and that is offered by a juvenile justice facility or juvenile justice program. This term means substance abuse facility or program as used in Section 221.002, Human Resources Code.

(21) Supplemental Support--Substance use disorder services that do not meet the definition of substance use disorder treatment, such as drug education, prevention, or other support services that are designed to support substance use prevention or treatment goals.

Source Note: The provisions of this §353.101 adopted to be effective October 1, 2021, 46 TexReg 6406