Current through Reg. 49, No. 52; December 27, 2024
(a) The purpose of
this section is to establish the requirements for an educational program on the
dangers of substance misuse pursuant to Texas Transportation Code Chapter 521,
Subchapter P.
(b) Pursuant to Texas
Transportation Code §
521.374(a)(2),
a residential chemical dependency treatment facility (CDTF) may provide an
educational program to a resident of that facility whose driver's license is
suspended under Texas Transportation Code §
521.372. The
facility must meet all requirements in this section for the CDTF's educational
program to be considered equivalent under Texas Transportation Code §
521.374(a)(2)
to an educational program approved by the Texas Department of Licensing and
Regulation under Texas Government Code Chapter 171.
(c) A CDTF that provides an educational
program under this section may provide the educational program in person or
online.
(d) The curriculum for an
educational program provided under this section shall include at least the
following key elements:
(1) Texas drug laws,
including laws and penalties relating to controlled substances and the
difference between state and federal statutes;
(2) history of substance misuse, including
trends in the history of substance misuse and how substances impact individuals
and society;
(3) stages of change,
including how individuals integrate new behaviors and goals through five stages
of change;
(4) substance misuse and
the impact on physical health;
(5)
physical health, human immunodeficiency virus (HIV), and sexually transmitted
infections;
(6) community
resources, including referrals to counseling, services that support the
person's recovery, and testing;
(7)
brain and the central nervous system;
(8) disease model of substance use disorder
(mild, moderate, and severe);
(9)
society and substance misuse, including how advertising, movies, and television
influence substance misuse trends;
(10) Maslow's hierarchy of needs, including
understanding basic human needs and how substance misuse impacts a person's
ability to meet personal needs;
(11) substance misuse and its impact on
personal and work relationships;
(12) personal values, attitude, and
behavior;
(13) recovery, including
treatment and community-based support programs or services;
(14) return to use prevention; and
(e) A CDTF that provides an online version of
an educational pro gram under this section shall comply with §
564.911 of this chapter (relating
to Treatment Services Provided by Electronic Means).
(f) A CDTF that provides an in-person version
of an educational program under this section shall conduct the educational
program's course at the CDTF's physical location.
(g) The CDTF shall make provisions for
residents unable to read or speak English. The facility shall provide separate
courses in English and in a second language(s) appropriate to the population(s)
served at the CDTF.
(h) To serve as
an instructor of an educational program under this section, an individual must
be an employee of the CDTF and must have a minimum of two years of relevant and
documented experience providing direct client services to persons with
substance misuse problems and serve as one of the following:
(1) licensed chemical dependency
counselor;
(2) registered counselor
intern;
(3) licensed social
worker;
(4) licensed professional
counselor;
(5) licensed
professional counselor intern;
(7) licensed
psychologist;
(8) licensed
physician or psychiatrist;
(9)
probation or parole officer;
(10)
adult or child protective services worker;
(11) licensed vocational nurse; or
(12) licensed registered nurse.
(i) A single instructor shall
teach the entire course. The instructor shall document all information related
to the resident participating and completing the course. The CDTF shall ensure
all course documentation is placed in the resident's client record.
(j) The instructor shall:
(1) require participants to complete all the
class modules within the course in the proper sequence;
(2) administer and evaluate pre-course and
post-course program test instruments for each participant;
(3) administer a participant course
evaluation at the end of each course; and
(4) conduct an exit interview with each
participant.
(k) Each
educational program shall include at least:
(1) 15 hours of class instruction per course;
and
(2) five class modules of
instruction per course.
(l) In order for the Texas Department of
Public Safety (DPS) and Texas Health and Human Services Commission (HHSC) to
accept a certificate as valid, the CDTF shall use the standardized certificate
format described in this subsection.
(1) The
CDTF shall create and issue a certificate of completion to a resident on the
resident's participation in and successful completion of the educational
program. The CDTF shall maintain an ascending numerical accounting record of
all issued certificates.
(2) The
certificate issued by the CDTF for completion of the education program under
this section shall use the following format and, at minimum, consist of the
following:
(A) The CDTF shall create a
certificate that:
(i) is 8.5 inches wide and
3.5 inches long;
(ii) consists of a
blue background color; and
(iii)
aside from the required handwritten signature, consists only of a typed
12-point font that is legible and easy to read.
(B) The CDTF shall include on the left side
of the certificate:
(i) the resident's:
(III) driver's license or identification card
number;
(V) offense cause number;
(ii) the name of the county that
convicted the resident; and
(iii)
the date the resident successfully completed the educational program under this
section.
(C) The CDTF
shall include on the right side of the certificate:
(i) the CDTF's:
(I) full name as it appears on the facility's
license, including any headquarters or Assumed Name or Doing Business As
names;
(IV) residential facility license
number;
(ii) the
instructor's printed full name and signature; and
(iii) the date of the instructor's
signature.
(D) The CDTF
shall include a serial number unique to each certificate issued in the top
right corner of the certificate. When creating certificate serial numbers, the
CDTF shall use consecutive serial numbers and issue certificates to residents
in consecutive order.
(3) The CDTF shall maintain a copy of each
issued certificate of program completion for at least three years from the date
of course completion.
(m) An HHSC representative may determine
compliance with this section during an inspection or investigation of a CDTF
that offers an educational program under this section.
(n) In accordance with Transportation Code
§521.375(a-1), HHSC and DPS are responsible for jointly adopting rules for
qualification and approval of an educational program a CDTF provides under this
section. For any proposed changes to the rules outlined in this section, HHSC
solicits input from DPS during the rulemaking process.
