State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-466-regulation-of-narcotic-drug-treatment-programs
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS
CHAPTER 466. REGULATION OF NARCOTIC DRUG TREATMENT PROGRAMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 466.001. LEGISLATIVE INTENT. (a) It is the intent of the
legislature that the department exercise its administrative
powers and regulatory authority to ensure the proper use of
approved narcotic drugs in the treatment of narcotic dependent
persons.
(b) Treatment of narcotic addiction by permitted treatment
programs is recognized as a specialty chemical dependency
treatment area using the medical model.
(c) Short-term goals should have an emphasis of personal and
public health, crime prevention, reintegration of narcotic
addicted persons into the public work force, and social and
medical stabilization. Narcotic treatment programs are an
important component of the state's effort to prevent the further
proliferation of the AIDS virus. Total drug abstinence is
recognized as a long-term goal of treatment, subject to medical
determination of the medical appropriateness and prognosis of the
narcotic addicted person.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.12, eff. Sept. 1,
1999.
Sec. 466.002. DEFINITIONS. In this chapter:
(1) "Approved narcotic drug" means a drug approved by the United
States Food and Drug Administration for maintenance or
detoxification of a person physiologically addicted to the opiate
class of drugs.
(2) "Authorized agent" means an employee of the department who
is designated by the commissioner to enforce this chapter.
(3) "Board" means the Texas Board of Health.
(4) "Commissioner" means the commissioner of public health.
(5) "Department" means the Texas Department of Health.
(6) "Facility" includes a medical office, an outpatient clinic,
a general or special hospital, a community mental health center,
and any other location in which a structured narcotic dependency
program is conducted.
(7) "Narcotic drug" has the meaning assigned by Chapter 481
(Texas Controlled Substances Act).
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.13, eff. Sept. 1,
1999.
Sec. 466.003. EXCLUSION OF COCAINE. Cocaine is excluded for the
purpose of this chapter.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.004. POWERS AND DUTIES OF BOARD AND DEPARTMENT. (a)
The board shall adopt and the department shall administer and
enforce rules to ensure the proper use of approved narcotic drugs
in the treatment of narcotic drug-dependent persons, including
rules that:
(1) require an applicant or a permit holder to make annual,
periodic, and special reports that the department determines are
necessary;
(2) require an applicant or permit holder to keep records that
the department determines are necessary;
(3) provide for investigations that the department determines
are necessary; and
(4) provide for the coordination of the approval of narcotic
drug treatment programs by the United States Food and Drug
Administration and the United States Drug Enforcement
Administration.
(b) The board shall adopt rules for the issuance of permits to
operate narcotic drug treatment programs including rules:
(1) governing the submission and review of applications;
(2) establishing the criteria for the issuance and renewal of
permits; and
(3) establishing the criteria for the suspension and revocation
of permits.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.14, eff. Sept. 1,
1999.
SUBCHAPTER B. PERMIT
Sec. 466.021. PERMIT REQUIRED. A person may not operate a
narcotic drug treatment program unless the person has a permit
issued under this chapter.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.022. LIMITATION ON PRESCRIPTION, ORDER, OR
ADMINISTRATION OF NARCOTIC DRUG. A physician may not prescribe,
order, or administer a narcotic drug for the purpose of treating
drug dependency unless the physician prescribes, orders, or
administers an approved narcotic drug for the maintenance or
detoxification of drug-dependent persons as part of a program
permitted by the department.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.15, eff. Sept. 1,
1999.
Sec. 466.023. APPLICATION FOR PERMIT; FEES. (a) The department
shall issue a permit to an applicant who qualifies under rules
and standards adopted by the board.
(b) A permit issued under this section is valid until suspended
or revoked by the department or surrendered by the permit holder
in accordance with board rules.
(c) A person must obtain a permit for each facility that the
person operates.
(d) A permit issued by the department is not transferable from
one facility to another facility and must be returned to the
department if the permit holder sells or otherwise conveys the
facility to another person.
(e) The board by rule shall establish and collect a
nonrefundable application fee to defray the cost to the
department of processing each application for a permit. The
application fee must be submitted with the application. An
application may not be considered unless the application is
accompanied by the application fee.
(f) The board shall adopt rules that set permit fees in amounts
sufficient for the department to recover not less than half of
the actual annual expenditures of state funds by the department
to:
(1) amend permits;
(2) inspect facilities operated by permit holders; and
(3) implement and enforce this chapter.
(g) Fees collected by the department shall be deposited in the
state treasury to the credit of the narcotic treatment permitting
fee fund.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.024. PERMIT LIMITATIONS. (a) The department may issue
a permit to:
(1) a person constituting a legal entity organized and operating
under the laws of this state; or
(2) a physician.
(b) The department may issue a permit to a person other than a
physician only if the person provides health care services under
the supervision of one or more physicians licensed by the Texas
State Board of Medical Examiners.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.025. INSPECTION. (a) An authorized agent may enter
the facility of a person who is an applicant for a permit or who
is a permit holder during any hours in which the facility is in
operation for the purpose of inspecting the facility to
determine:
(1) if the person meets the standards set in the rules of the
board for the issuance of a permit; or
(2) if a person who holds a permit is in compliance with this
chapter, the standards set in the rules of the board for the
operation of a facility, any special provisions contained in the
permit, or an order of the commissioner or the department.
(b) The inspection may be conducted without prior notice to the
applicant or the permit holder.
(c) The authorized agent shall provide the applicant or permit
holder with a copy of the inspection report. An inspection report
shall be made a part of the applicant's submission file or the
permit holder's compliance record.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.026. MULTIPLE ENROLLMENT PREVENTION. The department
shall work with representatives from permitted narcotic treatment
programs in this state to develop recommendations for a plan to
prevent the simultaneous multiple enrollment of persons in
narcotic treatment programs. The board may adopt rules to
implement these recommendations.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.027. DENIAL, SUSPENSION, OR REVOCATION OF PERMIT. (a)
After notice to an applicant or a permit holder and after the
opportunity for a hearing, the department may:
(1) deny an application of the person if the person fails to
comply with this chapter or the rules establishing minimum
standards for the issuance of a permit adopted under this
chapter; or
(2) suspend or revoke the permit of a person who has violated
this chapter, an order issued under this chapter, or a minimum
standard required for the issuance of a permit.
(b) The board may adopt rules that establish the criteria for
the denial, suspension, or revocation of a permit.
(c) Hearings, appeals from, and judicial review of final
administrative decisions under this section shall be conducted
according to the contested case provisions of Chapter 2001,
Government Code and the board's formal hearing rules.
(d) This section does not prevent the informal reconsideration
of a case before the setting of a hearing or before the issuance
of the final administrative decision under this section. The
program rules must contain provisions establishing the procedures
for the initiation and conduct of the informal reconsideration by
the department.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995.
SUBCHAPTER C. ENFORCEMENT
Sec. 466.041. EMERGENCY ORDERS. (a) The commissioner or the
commissioner's designee may issue an emergency order, either
mandatory or prohibitory in nature, in relation to the operation
of a permitted facility or the treatment of patients by the
facility staff, in the department's jurisdiction. The order may
be issued if the commissioner or the commissioner's designee
determines that the treatment of patients by the staff of the
permit holder creates or poses an immediate and serious threat to
human life or health and other procedures available to the
department to remedy or prevent the occurrence of the situation
will result in an unreasonable delay.
(b) The commissioner or the commissioner's designee may issue
the emergency order, including an emergency order suspending or
revoking a permit issued by the department, without notice and
hearing, if the commissioner or the commissioner's designee
determines that action to be practicable under the circumstances.
(c) If an emergency order is issued without a hearing, the
department shall determine a time and place for a hearing at
which the emergency order is affirmed, modified, or set aside.
The hearing shall be held under the contested case provisions of
Chapter 2001, Government Code and the board's formal hearing
rules.
(d) If an emergency order is issued to suspend or revoke the
permit, the department shall ensure that treatment services for
the patients are maintained at the same location until
appropriate referrals to an alternate treatment program are made.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995.
Sec. 466.042. INJUNCTION. (a) The commissioner, the
commissioner's designee, or an authorized agent may request the
attorney general or a district, county, or municipal attorney to
petition the district court for a temporary restraining order to
restrain:
(1) a continuing violation of this chapter, a rule adopted under
this chapter, or an order or permit issued under this chapter; or
(2) a threat of a continuing violation of this chapter, a rule,
or an order or permit.
(b) To request a temporary restraining order, the commissioner,
commissioner's designee, or an authorized agent must find that a
person has violated, is violating, or is threatening to violate
this chapter, a rule adopted under this chapter, or an order or
permit issued under this chapter and:
(1) the violation or threatened violation creates an immediate
threat to the health and safety of the public; or
(2) there is reasonable cause to believe that the permit holder
or the staff of the permit holder is party to the diversion of a
narcotic drug or drugs in violation of Chapter 481 (Texas
Controlled Substances Act).
(c) On finding by the court that a person is violating or
threatening to violate this chapter, a rule adopted under this
chapter, or an order or permit issued under this chapter, the
court shall grant the injunctive relief warranted by the facts.
(d) Venue for a suit brought under this section is in the county
in which the violation or threat of violation is alleged to have
occurred or in Travis County.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.043. ADMINISTRATIVE PENALTY. If a person violates this
chapter, a rule adopted under this chapter, or an order or permit
issued under this chapter, the commissioner may assess an
administrative penalty against the person as provided by Chapter
431 (Texas Food, Drug, and Cosmetic Act).
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.044. CRIMINAL PENALTY. (a) A person commits an
offense if the person operates a narcotic drug treatment program
without a permit issued by the department.
(b) An offense under this section is a Class A misdemeanor.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.045. CIVIL PENALTY. (a) If it appears that a person
has violated this chapter, a rule adopted under this chapter, or
an order or permit issued under this chapter, the commissioner
may request the attorney general or the district, county, or
municipal attorney of the municipality or county in which the
violation occurred to institute a civil suit for the assessment
and recovery of a civil penalty.
(b) The penalty may be in an amount not to exceed $10,000 for
each violation.
(c) In determining the amount of the penalty, the court shall
consider:
(1) the person's history of previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public; and
(4) the demonstrated good faith of the person charged.
(d) A civil penalty recovered in a suit instituted by the
attorney general under this chapter shall be deposited in the
state treasury to the credit of the General Revenue Fund. A civil
penalty recovered in a suit instituted by a local government
under this chapter shall be paid to the local government.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
State Codes and Statutes
Statutes > Texas > Health-and-safety-code > Title-6-food-drugs-alcohol-and-hazardous-substances > Chapter-466-regulation-of-narcotic-drug-treatment-programs
HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS
CHAPTER 466. REGULATION OF NARCOTIC DRUG TREATMENT PROGRAMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 466.001. LEGISLATIVE INTENT. (a) It is the intent of the
legislature that the department exercise its administrative
powers and regulatory authority to ensure the proper use of
approved narcotic drugs in the treatment of narcotic dependent
persons.
(b) Treatment of narcotic addiction by permitted treatment
programs is recognized as a specialty chemical dependency
treatment area using the medical model.
(c) Short-term goals should have an emphasis of personal and
public health, crime prevention, reintegration of narcotic
addicted persons into the public work force, and social and
medical stabilization. Narcotic treatment programs are an
important component of the state's effort to prevent the further
proliferation of the AIDS virus. Total drug abstinence is
recognized as a long-term goal of treatment, subject to medical
determination of the medical appropriateness and prognosis of the
narcotic addicted person.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.12, eff. Sept. 1,
1999.
Sec. 466.002. DEFINITIONS. In this chapter:
(1) "Approved narcotic drug" means a drug approved by the United
States Food and Drug Administration for maintenance or
detoxification of a person physiologically addicted to the opiate
class of drugs.
(2) "Authorized agent" means an employee of the department who
is designated by the commissioner to enforce this chapter.
(3) "Board" means the Texas Board of Health.
(4) "Commissioner" means the commissioner of public health.
(5) "Department" means the Texas Department of Health.
(6) "Facility" includes a medical office, an outpatient clinic,
a general or special hospital, a community mental health center,
and any other location in which a structured narcotic dependency
program is conducted.
(7) "Narcotic drug" has the meaning assigned by Chapter 481
(Texas Controlled Substances Act).
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.13, eff. Sept. 1,
1999.
Sec. 466.003. EXCLUSION OF COCAINE. Cocaine is excluded for the
purpose of this chapter.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.004. POWERS AND DUTIES OF BOARD AND DEPARTMENT. (a)
The board shall adopt and the department shall administer and
enforce rules to ensure the proper use of approved narcotic drugs
in the treatment of narcotic drug-dependent persons, including
rules that:
(1) require an applicant or a permit holder to make annual,
periodic, and special reports that the department determines are
necessary;
(2) require an applicant or permit holder to keep records that
the department determines are necessary;
(3) provide for investigations that the department determines
are necessary; and
(4) provide for the coordination of the approval of narcotic
drug treatment programs by the United States Food and Drug
Administration and the United States Drug Enforcement
Administration.
(b) The board shall adopt rules for the issuance of permits to
operate narcotic drug treatment programs including rules:
(1) governing the submission and review of applications;
(2) establishing the criteria for the issuance and renewal of
permits; and
(3) establishing the criteria for the suspension and revocation
of permits.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.14, eff. Sept. 1,
1999.
SUBCHAPTER B. PERMIT
Sec. 466.021. PERMIT REQUIRED. A person may not operate a
narcotic drug treatment program unless the person has a permit
issued under this chapter.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.022. LIMITATION ON PRESCRIPTION, ORDER, OR
ADMINISTRATION OF NARCOTIC DRUG. A physician may not prescribe,
order, or administer a narcotic drug for the purpose of treating
drug dependency unless the physician prescribes, orders, or
administers an approved narcotic drug for the maintenance or
detoxification of drug-dependent persons as part of a program
permitted by the department.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.15, eff. Sept. 1,
1999.
Sec. 466.023. APPLICATION FOR PERMIT; FEES. (a) The department
shall issue a permit to an applicant who qualifies under rules
and standards adopted by the board.
(b) A permit issued under this section is valid until suspended
or revoked by the department or surrendered by the permit holder
in accordance with board rules.
(c) A person must obtain a permit for each facility that the
person operates.
(d) A permit issued by the department is not transferable from
one facility to another facility and must be returned to the
department if the permit holder sells or otherwise conveys the
facility to another person.
(e) The board by rule shall establish and collect a
nonrefundable application fee to defray the cost to the
department of processing each application for a permit. The
application fee must be submitted with the application. An
application may not be considered unless the application is
accompanied by the application fee.
(f) The board shall adopt rules that set permit fees in amounts
sufficient for the department to recover not less than half of
the actual annual expenditures of state funds by the department
to:
(1) amend permits;
(2) inspect facilities operated by permit holders; and
(3) implement and enforce this chapter.
(g) Fees collected by the department shall be deposited in the
state treasury to the credit of the narcotic treatment permitting
fee fund.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.024. PERMIT LIMITATIONS. (a) The department may issue
a permit to:
(1) a person constituting a legal entity organized and operating
under the laws of this state; or
(2) a physician.
(b) The department may issue a permit to a person other than a
physician only if the person provides health care services under
the supervision of one or more physicians licensed by the Texas
State Board of Medical Examiners.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.025. INSPECTION. (a) An authorized agent may enter
the facility of a person who is an applicant for a permit or who
is a permit holder during any hours in which the facility is in
operation for the purpose of inspecting the facility to
determine:
(1) if the person meets the standards set in the rules of the
board for the issuance of a permit; or
(2) if a person who holds a permit is in compliance with this
chapter, the standards set in the rules of the board for the
operation of a facility, any special provisions contained in the
permit, or an order of the commissioner or the department.
(b) The inspection may be conducted without prior notice to the
applicant or the permit holder.
(c) The authorized agent shall provide the applicant or permit
holder with a copy of the inspection report. An inspection report
shall be made a part of the applicant's submission file or the
permit holder's compliance record.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.026. MULTIPLE ENROLLMENT PREVENTION. The department
shall work with representatives from permitted narcotic treatment
programs in this state to develop recommendations for a plan to
prevent the simultaneous multiple enrollment of persons in
narcotic treatment programs. The board may adopt rules to
implement these recommendations.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.027. DENIAL, SUSPENSION, OR REVOCATION OF PERMIT. (a)
After notice to an applicant or a permit holder and after the
opportunity for a hearing, the department may:
(1) deny an application of the person if the person fails to
comply with this chapter or the rules establishing minimum
standards for the issuance of a permit adopted under this
chapter; or
(2) suspend or revoke the permit of a person who has violated
this chapter, an order issued under this chapter, or a minimum
standard required for the issuance of a permit.
(b) The board may adopt rules that establish the criteria for
the denial, suspension, or revocation of a permit.
(c) Hearings, appeals from, and judicial review of final
administrative decisions under this section shall be conducted
according to the contested case provisions of Chapter 2001,
Government Code and the board's formal hearing rules.
(d) This section does not prevent the informal reconsideration
of a case before the setting of a hearing or before the issuance
of the final administrative decision under this section. The
program rules must contain provisions establishing the procedures
for the initiation and conduct of the informal reconsideration by
the department.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995.
SUBCHAPTER C. ENFORCEMENT
Sec. 466.041. EMERGENCY ORDERS. (a) The commissioner or the
commissioner's designee may issue an emergency order, either
mandatory or prohibitory in nature, in relation to the operation
of a permitted facility or the treatment of patients by the
facility staff, in the department's jurisdiction. The order may
be issued if the commissioner or the commissioner's designee
determines that the treatment of patients by the staff of the
permit holder creates or poses an immediate and serious threat to
human life or health and other procedures available to the
department to remedy or prevent the occurrence of the situation
will result in an unreasonable delay.
(b) The commissioner or the commissioner's designee may issue
the emergency order, including an emergency order suspending or
revoking a permit issued by the department, without notice and
hearing, if the commissioner or the commissioner's designee
determines that action to be practicable under the circumstances.
(c) If an emergency order is issued without a hearing, the
department shall determine a time and place for a hearing at
which the emergency order is affirmed, modified, or set aside.
The hearing shall be held under the contested case provisions of
Chapter 2001, Government Code and the board's formal hearing
rules.
(d) If an emergency order is issued to suspend or revoke the
permit, the department shall ensure that treatment services for
the patients are maintained at the same location until
appropriate referrals to an alternate treatment program are made.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995.
Sec. 466.042. INJUNCTION. (a) The commissioner, the
commissioner's designee, or an authorized agent may request the
attorney general or a district, county, or municipal attorney to
petition the district court for a temporary restraining order to
restrain:
(1) a continuing violation of this chapter, a rule adopted under
this chapter, or an order or permit issued under this chapter; or
(2) a threat of a continuing violation of this chapter, a rule,
or an order or permit.
(b) To request a temporary restraining order, the commissioner,
commissioner's designee, or an authorized agent must find that a
person has violated, is violating, or is threatening to violate
this chapter, a rule adopted under this chapter, or an order or
permit issued under this chapter and:
(1) the violation or threatened violation creates an immediate
threat to the health and safety of the public; or
(2) there is reasonable cause to believe that the permit holder
or the staff of the permit holder is party to the diversion of a
narcotic drug or drugs in violation of Chapter 481 (Texas
Controlled Substances Act).
(c) On finding by the court that a person is violating or
threatening to violate this chapter, a rule adopted under this
chapter, or an order or permit issued under this chapter, the
court shall grant the injunctive relief warranted by the facts.
(d) Venue for a suit brought under this section is in the county
in which the violation or threat of violation is alleged to have
occurred or in Travis County.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.043. ADMINISTRATIVE PENALTY. If a person violates this
chapter, a rule adopted under this chapter, or an order or permit
issued under this chapter, the commissioner may assess an
administrative penalty against the person as provided by Chapter
431 (Texas Food, Drug, and Cosmetic Act).
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.044. CRIMINAL PENALTY. (a) A person commits an
offense if the person operates a narcotic drug treatment program
without a permit issued by the department.
(b) An offense under this section is a Class A misdemeanor.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.045. CIVIL PENALTY. (a) If it appears that a person
has violated this chapter, a rule adopted under this chapter, or
an order or permit issued under this chapter, the commissioner
may request the attorney general or the district, county, or
municipal attorney of the municipality or county in which the
violation occurred to institute a civil suit for the assessment
and recovery of a civil penalty.
(b) The penalty may be in an amount not to exceed $10,000 for
each violation.
(c) In determining the amount of the penalty, the court shall
consider:
(1) the person's history of previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public; and
(4) the demonstrated good faith of the person charged.
(d) A civil penalty recovered in a suit instituted by the
attorney general under this chapter shall be deposited in the
state treasury to the credit of the General Revenue Fund. A civil
penalty recovered in a suit instituted by a local government
under this chapter shall be paid to the local government.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
State Codes and Statutes
Statutes >
Texas >
Health-and-safety-code >
Title-6-food-drugs-alcohol-and-hazardous-substances >
Chapter-466-regulation-of-narcotic-drug-treatment-programs HEALTH AND SAFETY CODE
TITLE 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES
SUBTITLE B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS
CHAPTER 466. REGULATION OF NARCOTIC DRUG TREATMENT PROGRAMS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 466.001. LEGISLATIVE INTENT. (a) It is the intent of the
legislature that the department exercise its administrative
powers and regulatory authority to ensure the proper use of
approved narcotic drugs in the treatment of narcotic dependent
persons.
(b) Treatment of narcotic addiction by permitted treatment
programs is recognized as a specialty chemical dependency
treatment area using the medical model.
(c) Short-term goals should have an emphasis of personal and
public health, crime prevention, reintegration of narcotic
addicted persons into the public work force, and social and
medical stabilization. Narcotic treatment programs are an
important component of the state's effort to prevent the further
proliferation of the AIDS virus. Total drug abstinence is
recognized as a long-term goal of treatment, subject to medical
determination of the medical appropriateness and prognosis of the
narcotic addicted person.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.12, eff. Sept. 1,
1999.
Sec. 466.002. DEFINITIONS. In this chapter:
(1) "Approved narcotic drug" means a drug approved by the United
States Food and Drug Administration for maintenance or
detoxification of a person physiologically addicted to the opiate
class of drugs.
(2) "Authorized agent" means an employee of the department who
is designated by the commissioner to enforce this chapter.
(3) "Board" means the Texas Board of Health.
(4) "Commissioner" means the commissioner of public health.
(5) "Department" means the Texas Department of Health.
(6) "Facility" includes a medical office, an outpatient clinic,
a general or special hospital, a community mental health center,
and any other location in which a structured narcotic dependency
program is conducted.
(7) "Narcotic drug" has the meaning assigned by Chapter 481
(Texas Controlled Substances Act).
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.13, eff. Sept. 1,
1999.
Sec. 466.003. EXCLUSION OF COCAINE. Cocaine is excluded for the
purpose of this chapter.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.004. POWERS AND DUTIES OF BOARD AND DEPARTMENT. (a)
The board shall adopt and the department shall administer and
enforce rules to ensure the proper use of approved narcotic drugs
in the treatment of narcotic drug-dependent persons, including
rules that:
(1) require an applicant or a permit holder to make annual,
periodic, and special reports that the department determines are
necessary;
(2) require an applicant or permit holder to keep records that
the department determines are necessary;
(3) provide for investigations that the department determines
are necessary; and
(4) provide for the coordination of the approval of narcotic
drug treatment programs by the United States Food and Drug
Administration and the United States Drug Enforcement
Administration.
(b) The board shall adopt rules for the issuance of permits to
operate narcotic drug treatment programs including rules:
(1) governing the submission and review of applications;
(2) establishing the criteria for the issuance and renewal of
permits; and
(3) establishing the criteria for the suspension and revocation
of permits.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.14, eff. Sept. 1,
1999.
SUBCHAPTER B. PERMIT
Sec. 466.021. PERMIT REQUIRED. A person may not operate a
narcotic drug treatment program unless the person has a permit
issued under this chapter.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.022. LIMITATION ON PRESCRIPTION, ORDER, OR
ADMINISTRATION OF NARCOTIC DRUG. A physician may not prescribe,
order, or administer a narcotic drug for the purpose of treating
drug dependency unless the physician prescribes, orders, or
administers an approved narcotic drug for the maintenance or
detoxification of drug-dependent persons as part of a program
permitted by the department.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1999, 76th Leg., ch. 1411, Sec. 1.15, eff. Sept. 1,
1999.
Sec. 466.023. APPLICATION FOR PERMIT; FEES. (a) The department
shall issue a permit to an applicant who qualifies under rules
and standards adopted by the board.
(b) A permit issued under this section is valid until suspended
or revoked by the department or surrendered by the permit holder
in accordance with board rules.
(c) A person must obtain a permit for each facility that the
person operates.
(d) A permit issued by the department is not transferable from
one facility to another facility and must be returned to the
department if the permit holder sells or otherwise conveys the
facility to another person.
(e) The board by rule shall establish and collect a
nonrefundable application fee to defray the cost to the
department of processing each application for a permit. The
application fee must be submitted with the application. An
application may not be considered unless the application is
accompanied by the application fee.
(f) The board shall adopt rules that set permit fees in amounts
sufficient for the department to recover not less than half of
the actual annual expenditures of state funds by the department
to:
(1) amend permits;
(2) inspect facilities operated by permit holders; and
(3) implement and enforce this chapter.
(g) Fees collected by the department shall be deposited in the
state treasury to the credit of the narcotic treatment permitting
fee fund.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.024. PERMIT LIMITATIONS. (a) The department may issue
a permit to:
(1) a person constituting a legal entity organized and operating
under the laws of this state; or
(2) a physician.
(b) The department may issue a permit to a person other than a
physician only if the person provides health care services under
the supervision of one or more physicians licensed by the Texas
State Board of Medical Examiners.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.025. INSPECTION. (a) An authorized agent may enter
the facility of a person who is an applicant for a permit or who
is a permit holder during any hours in which the facility is in
operation for the purpose of inspecting the facility to
determine:
(1) if the person meets the standards set in the rules of the
board for the issuance of a permit; or
(2) if a person who holds a permit is in compliance with this
chapter, the standards set in the rules of the board for the
operation of a facility, any special provisions contained in the
permit, or an order of the commissioner or the department.
(b) The inspection may be conducted without prior notice to the
applicant or the permit holder.
(c) The authorized agent shall provide the applicant or permit
holder with a copy of the inspection report. An inspection report
shall be made a part of the applicant's submission file or the
permit holder's compliance record.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.026. MULTIPLE ENROLLMENT PREVENTION. The department
shall work with representatives from permitted narcotic treatment
programs in this state to develop recommendations for a plan to
prevent the simultaneous multiple enrollment of persons in
narcotic treatment programs. The board may adopt rules to
implement these recommendations.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.027. DENIAL, SUSPENSION, OR REVOCATION OF PERMIT. (a)
After notice to an applicant or a permit holder and after the
opportunity for a hearing, the department may:
(1) deny an application of the person if the person fails to
comply with this chapter or the rules establishing minimum
standards for the issuance of a permit adopted under this
chapter; or
(2) suspend or revoke the permit of a person who has violated
this chapter, an order issued under this chapter, or a minimum
standard required for the issuance of a permit.
(b) The board may adopt rules that establish the criteria for
the denial, suspension, or revocation of a permit.
(c) Hearings, appeals from, and judicial review of final
administrative decisions under this section shall be conducted
according to the contested case provisions of Chapter 2001,
Government Code and the board's formal hearing rules.
(d) This section does not prevent the informal reconsideration
of a case before the setting of a hearing or before the issuance
of the final administrative decision under this section. The
program rules must contain provisions establishing the procedures
for the initiation and conduct of the informal reconsideration by
the department.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995.
SUBCHAPTER C. ENFORCEMENT
Sec. 466.041. EMERGENCY ORDERS. (a) The commissioner or the
commissioner's designee may issue an emergency order, either
mandatory or prohibitory in nature, in relation to the operation
of a permitted facility or the treatment of patients by the
facility staff, in the department's jurisdiction. The order may
be issued if the commissioner or the commissioner's designee
determines that the treatment of patients by the staff of the
permit holder creates or poses an immediate and serious threat to
human life or health and other procedures available to the
department to remedy or prevent the occurrence of the situation
will result in an unreasonable delay.
(b) The commissioner or the commissioner's designee may issue
the emergency order, including an emergency order suspending or
revoking a permit issued by the department, without notice and
hearing, if the commissioner or the commissioner's designee
determines that action to be practicable under the circumstances.
(c) If an emergency order is issued without a hearing, the
department shall determine a time and place for a hearing at
which the emergency order is affirmed, modified, or set aside.
The hearing shall be held under the contested case provisions of
Chapter 2001, Government Code and the board's formal hearing
rules.
(d) If an emergency order is issued to suspend or revoke the
permit, the department shall ensure that treatment services for
the patients are maintained at the same location until
appropriate referrals to an alternate treatment program are made.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991; Acts 1995, 74th Leg., ch. 76, Sec. 5.95(49), eff. Sept. 1,
1995.
Sec. 466.042. INJUNCTION. (a) The commissioner, the
commissioner's designee, or an authorized agent may request the
attorney general or a district, county, or municipal attorney to
petition the district court for a temporary restraining order to
restrain:
(1) a continuing violation of this chapter, a rule adopted under
this chapter, or an order or permit issued under this chapter; or
(2) a threat of a continuing violation of this chapter, a rule,
or an order or permit.
(b) To request a temporary restraining order, the commissioner,
commissioner's designee, or an authorized agent must find that a
person has violated, is violating, or is threatening to violate
this chapter, a rule adopted under this chapter, or an order or
permit issued under this chapter and:
(1) the violation or threatened violation creates an immediate
threat to the health and safety of the public; or
(2) there is reasonable cause to believe that the permit holder
or the staff of the permit holder is party to the diversion of a
narcotic drug or drugs in violation of Chapter 481 (Texas
Controlled Substances Act).
(c) On finding by the court that a person is violating or
threatening to violate this chapter, a rule adopted under this
chapter, or an order or permit issued under this chapter, the
court shall grant the injunctive relief warranted by the facts.
(d) Venue for a suit brought under this section is in the county
in which the violation or threat of violation is alleged to have
occurred or in Travis County.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.043. ADMINISTRATIVE PENALTY. If a person violates this
chapter, a rule adopted under this chapter, or an order or permit
issued under this chapter, the commissioner may assess an
administrative penalty against the person as provided by Chapter
431 (Texas Food, Drug, and Cosmetic Act).
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.044. CRIMINAL PENALTY. (a) A person commits an
offense if the person operates a narcotic drug treatment program
without a permit issued by the department.
(b) An offense under this section is a Class A misdemeanor.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
Sec. 466.045. CIVIL PENALTY. (a) If it appears that a person
has violated this chapter, a rule adopted under this chapter, or
an order or permit issued under this chapter, the commissioner
may request the attorney general or the district, county, or
municipal attorney of the municipality or county in which the
violation occurred to institute a civil suit for the assessment
and recovery of a civil penalty.
(b) The penalty may be in an amount not to exceed $10,000 for
each violation.
(c) In determining the amount of the penalty, the court shall
consider:
(1) the person's history of previous violations;
(2) the seriousness of the violation;
(3) any hazard to the health and safety of the public; and
(4) the demonstrated good faith of the person charged.
(d) A civil penalty recovered in a suit instituted by the
attorney general under this chapter shall be deposited in the
state treasury to the credit of the General Revenue Fund. A civil
penalty recovered in a suit instituted by a local government
under this chapter shall be paid to the local government.
Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 193, eff. Sept. 1,
1991.
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