2005 Texas Health & Safety Code CHAPTER 466. REGULATION OF NARCOTIC DRUG TREATMENT PROGRAMS

HEALTH & SAFETY CODE

CHAPTER 466. REGULATION OF NARCOTIC DRUG TREATMENT PROGRAMS

SUBCHAPTER A. GENERAL PROVISIONS


	§ 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, § 193, eff. Sept. 1, 
1991;  Acts 1999, 76th Leg., ch. 1411, § 1.12, eff. Sept. 1, 
1999.


	§ 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, § 193, eff. Sept. 1, 
1991;  Acts 1999, 76th Leg., ch. 1411, § 1.13, eff. Sept. 1, 
1999.


	§ 466.003. EXCLUSION OF COCAINE.  Cocaine is excluded for 
the purpose of this chapter.

Amended by Acts 1991, 72nd Leg., ch. 14, § 193, eff. Sept. 1, 
1991.      


	§ 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, § 193, eff. Sept. 1, 
1991;  Acts 1999, 76th Leg., ch. 1411, § 1.14, eff. Sept. 1, 
1999.

SUBCHAPTER B. PERMIT


	§ 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, § 193, eff. Sept. 1, 
1991.      


	§ 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, § 193, eff. Sept. 1, 
1991;  Acts 1999, 76th Leg., ch. 1411, § 1.15, eff. Sept. 1, 
1999.


	§ 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, § 193, eff. Sept. 1, 
1991.      


	§ 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, § 193, eff. Sept. 1, 
1991.      


	§ 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, § 193, eff. Sept. 1, 
1991.      


	§ 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, § 193, eff. Sept. 1, 
1991.      


	§ 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, § 193, eff. Sept. 1, 
1991;  Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 
1995.

SUBCHAPTER C. ENFORCEMENT


	§ 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, § 193, eff. Sept. 1, 
1991;  Acts 1995, 74th Leg., ch. 76, § 5.95(49), eff. Sept. 1, 
1995.


	§ 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, § 193, eff. Sept. 1, 
1991.      


	§ 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, § 193, eff. Sept. 1, 
1991.      


	§ 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, § 193, eff. Sept. 1, 
1991.      


	§ 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, § 193, eff. Sept. 1, 
1991.