Legal Requirements for CCD of Texas

Texas Administrative Code (TAC)

The Texas Administrative Code (TAC), http://www.sos.state.tx.us/tac/tacpara.html, was created by the Texas Legislature under the Administrative Code Act (Government Code, §§2002.051-2002.056). In the Administrative Code Act, the Legislature directed the Office of the Secretary of State to compile, index, and cause to be published the TAC. The TAC is the compilation of all state agency rules in Texas.

Texas Legislative Council (TLC)

The Texas Legislative Council (TLC), http://www.tlc.state.tx.us/, is a state agency within the legislative branch. The council was created by an enactment of the 51st Legislature in 1949 now codified as Chapter 323, Government Code. Functions performed by the TLC for the Senate and House of Representatives include drafting bills and other legislative documents, conducting legal and public policy research, producing informational publications, and supporting a wide variety of operations with information technology services.

Texas Health and Safety Code (THSC)

The Texas Health and Safety Code (THSC), http://capitol.tlc.state.tx.us/statutes/hstoc.html, was enacted as a part of the state's continuing statutory revision program, begun by the TLC in 1963 as directed by the legislature in the law codified as Chapter 323, Government Code.

Texas Commission on Alcohol and Drug Abuse (TCADA)

The Texas Commission on Alcohol and Drug Abuse (TCADA), http://www.tcada.state.tx.us/, was established by the TAC under Title 40 THSC Chapter 464 and Social Services and Assistance Part 3. Chapters 145, 148, and 150 of Part 3 contain legal requirements for the license exemption of CCD of Texas. Following are excerpts from the TAC/TCADA Legal Code.

Chapter 145 – Faith-Based Chemical Dependency Treatment Programs

Part 145.11. Definitions

Religious organization – A church, synagogue, mosque, or other religious institution:

(A) the purpose of which is the propagation of religious beliefs; and

(B) that is exempt from federal income tax by being listed as an exempt organization under the Internal Revenue Code (26 United States Code), Section 501(a).

Part 145.21. Exemption for Faith-Based Programs

(A) A chemical dependency treatment program is exempt from licensure under Chapter 148 of this title (relating to Facility Licensure) if it:

(1) is conducted by a religious organization;

(2) is exclusively religious, spiritual, or ecclesiastical in nature;

(3) does not treat minors; and

(4) is registered under this chapter.

(B) An exempt program registered under this section may not provide medical care, medical detoxification, or medical withdrawal services.

145.22. Registration for Exempt Faith-Based Programs.

(A) To register its exemption, the religious organization shall complete and submit these documents to the commission:

(1) the registration application

(2) a copy of the determination letter from the Internal Revenue Service documenting the organization’s tax exempt status under the Internal Revenue Code (26 United States Code), §501(c)(3); and 

(3) a copy of the organization’s articles of incorporation documenting that the primary purpose of the organization is the propagation of religious beliefs or a letter from the State of Texas Comptroller’s Office documenting the organization’s religious tax exemption status.

(B) The commission shall issue a letter documenting the organization’s registered exemption if the application packet satisfies the requirements in this section.

(C) An exempt organization registered under this section shall notify the commission in writing within 10 working days of any change affecting the program’s exemption.

145.23. Admission.

(A) An exempt program registered under this section may not admit a person unless the person signs the following form at the time of admission:

Faith-Based Chemical Dependency Treatment Program

Admission Declaration

DECLARATION

I understand that:

1. The treatment and recovery services at CCD of Texas are exclusively religious in nature and are not subject to licensure or regulation by the Texas Commission on Alcohol and Drug Abuse; and

2. CCD of Texas offers only non-medical treatment and recovery methods, such as prayer, moral guidance, spiritual counseling, and scriptural study.

_______________________________________________________________

Signature                                                                      Date

(B) The program shall keep the original signed admission statement and give a copy of it to the person admitted.

145.24. Advertisement.

An exempt program registered under this section must include the following statement in any advertisements or literature that promotes or describes the program or its chemical dependency treatment services:

Faith-Based Chemical Dependency Treatment Program

Advertisement Statement

The treatment and recovery services at CCD of Texas are exclusively religious in nature and are not subject to licensure or regulation by the Texas Commission on Alcohol and Drug Abuse. This program offers only non-medical treatment and recovery methods, such as prayer, moral guidance, spiritual counseling, and scriptural study.

145.25. Revocation of Exemption.

(A) The commission may revoke the exemption after notice and hearing if:

             (1) the organization conducting the program fails to inform the commission of any

                  material changes in the program’s registration information in a timely manner;

             (2) any program advertisement or literature fails to include the statements required

                  under this section; or

             (3) the organization violates Texas Health and Safety Code, Title 40, Chapter 464,

                  Subchapter C or any commission rule adopted under the subchapter.

(B) The commission shall notify the organization in writing of its intent to revoke the exemption and offer the organization the opportunity for an informal hearing.

(C) The organization shall have 15 calendar days from the postmark date of the notice to submit a written request for an informal hearing.

(D) If the organization does not request an informal hearing, the revocation shall go into effect 30 calendar days from the postmark date of the notice of intent.

(E) If the organization requests an informal hearing, the commission shall schedule the informal hearing within 15 calendar days of the postmark date of the request.

(F) At the hearing, the organization shall have opportunity to show compliance.

(G) If the organization does not show compliance, the commission’s governing board shall consider the information received at the hearing and determine whether or not to revoke the organization’s exemption.

(H) The commission shall send the organization written notification of its decision within 30 calendar days of the date of the hearing.

(I) The revocation shall take effect 30 calendar days from the postmark date of the written notice of decision.

(J) An organization whose exemption has been revoked may apply to reinstate the exemption one year after the effective date of the revocation.

Chapter 148 – Facility Licensure

148.2. License Required.

A facility providing chemical dependency treatment in Texas shall have a license issued by the commission unless it is:

(7) a religious organization registered under Chapter 145 of this title (relating to Faith-Based Chemical Dependency Treatment Programs)

Chapter 150 – Counselor Licensure

150.1. Authority.

The commission has authority under Texas Occupations Code, Chapter 504, to adopt and enforce rules for the licensure of chemical dependency counselors.

150.4. Exemptions.

(A) This chapter does not apply to the activities and services of the following people when they are acting within the scope of their authorized duties:

(4) religious leaders of congregations providing pastoral counseling within the scope of their congregational duties or persons who are working for or providing counseling with a program exempted under Chapter 145 of this title (relating to Faith-Based Chemical Dependency Treatment Programs)