37 Tex. Admin. Code § 163.40 - Substance Abuse Treatment
(a) Definitions.
These words and terms, when used in this section, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) "Admission" is the administrative process
and procedure performed to accept an offender into a treatment program or
facility.
(2) "Aftercare" is the
counseling and community based support services that are designed to provide
continued support for treatment delivered in a residential or outpatient
program.
(3) "Aftercare Caseloads"
is the supervision of and support services for offenders who have completed a
substance abuse treatment program.
(4) "Assessment" is a process conducted by a
qualified credentialed counselor or counselor intern trained to administer a
structured interview to determine the nature and extent of an offender's
chemical abuse, dependency, or addiction, and to assist in making an
appropriate referral. Other criminogenic risks and needs will be assessed and
incorporated into the individual treatment plan.
(5) "Best Practices" are evidence based
substance abuse treatment programs that address concepts such as criminogenic
risks and needs, responsivity, and cognitive behavioral treatment, and programs
that possess the following hallmarks:
(A)
Validated treatment assessments that include criminogenic risks and need
factors;
(B) A treatment regimen
that focuses on changing criminogenic risks and needs, behaviors, and thinking
patterns;
(C) A treatment regimen
that includes a specific, cognitive behavioral program that has been recognized
in professional criminal justice journals;
(D) Responsivity in addressing offenders'
needs and employment of qualified staff; and
(E) Measurable outcomes to reduce substance
abuse, dependency, or addiction as well as other criminogenic risks and
needs.
(6) "Chemical
Dependency" is a substance related disorder as defined in the most recent
published edition of the Diagnostic and Statistical Manual of Mental
Disorders.
(7) "Continuum
of Care" is a system that provides for the uninterrupted provision of essential
services from initial assessment through completion of treatment.
(8) "Counseling" is face-to-face interaction
between offenders and counselors to help offenders identify, understand, and
resolve personal issues and problems related to their substance abuse or
chemical dependency. Counseling may take place in groups or in individual
meetings.
(9) "Counselor" is a
graduate or counselor intern working towards licensure that would certify the
individual to be a qualified credentialed counselor.
(10) "Counselor Intern" (CI) is a person
seeking a license as a chemical dependency counselor who is registered with the
Texas Department of State Health Services (DSHS) and pursuing a course of
training in chemical dependency counseling at a registered clinical training
institute or under the supervision of a certified supervisor.
(11) "Criminogenic Risk and Needs" are
dynamic risk factors that are directly related to crime production, such as
antisocial peers; antisocial beliefs, values, and attitudes; substance abuse,
dependency, or addiction; anger or hostility; poor self-management skills;
inadequate social skills; poor attitude toward work or school; and poor family
dynamics.
(12) "Detoxification" is
chemical dependency treatment designed to systematically reduce the amount of
alcohol and other toxic chemicals in an offender's body, manage withdrawal
symptoms, and encourage the offender to continue ongoing treatment for chemical
dependency.
(13) "Direct Care
Staff" is staff responsible for providing treatment, care, supervision, or
other direct client services that involve face-to-face contact with an
offender.
(14) "Discharge" is
formal documented termination of services.
(15) "Discharge Summary" is a written report
of the offender's progress and participation while in treatment, including a
discharge plan that provides an aftercare or supervision plan designed to
sustain progress for offenders successfully completing treatment.
(16) "Education" is instruction; a planned,
structured presentation of information that is related to substance abuse or
chemical dependency. Education is not considered counseling.
(17) "Emergency" is a situation requiring
immediate attention and action to treat or prevent physical or emotional harm
or illness.
(18) "Evaluation" is a
process conducted by a community supervision officer (CSO) trained to
administer the Texas Department of Criminal Justice Community Justice
Assistance Division (TDCJ CJAD) Substance Abuse Evaluation instrument to
determine the nature and extent of an offender's chemical abuse, dependency, or
addiction to assist in making an appropriate referral. Other criminogenic risks
and needs will be assessed and incorporated into the individual treatment
plan.
(19) "Facility" is the
physical location of the treatment program operated by, for, or with funding
from the TDCJ CJAD. Some locations may be secured facilities for inpatient
treatment; other programs may be offered at locations as outpatient
treatment.
(20) "Graduate" is an
individual who has successfully completed, or been exempted from, supervised
work experience and who is still registered with the DSHS as a CI, as defined
by the DSHS.
(21) "Grievance" is a
formal complaint limited to matters affecting the complaining offender
personally and limited to matters that the facility or program has the
authority to remedy.
(22) "Intake"
is the process of gathering information to determine if an offender is eligible
and appropriate for services as well as providing information to the offender
about a program's services and rules.
(23) "Intensive Outpatient Treatment" is an
outpatient treatment program that delivers no less than six hours per week of
chemical dependency counseling.
(24) "Life Skills Training" is a structured
program of training, based upon a written curriculum and provided by qualified
staff designed to help offenders with social competencies, such as
communication and social interaction, stress management, problem solving,
decision making, and management of daily responsibilities.
(25) "Primary Counselor" is an individual
working directly with and responsible for the treatment of the
offender.
(26) "Qualified
Credentialed Counselor (QCC)" is a licensed chemical dependency counselor or
one of the practitioners listed below who is licensed and in good standing in
the state of Texas as defined by the DSHS:
(A) Licensed professional
counselor;
(B) Licensed master
social worker;
(C) Licensed
marriage and family therapist;
(D)
Licensed psychologist;
(E) Licensed
physician (MD or DO);
(F) Licensed
physician's assistant;
(G)
Certified addictions registered nurse; or
(H) Licensed psychological associate;
and
(I) Nurse practitioner
recognized by the Board of Nursing as a clinical nurse specialist or nurse
practitioner with specialty in psyche-mental health.
(27) "Responsivity" is matching the
characteristics of the offender with the program modality, and the knowledge,
skills, and abilities of the staff. It includes offender's learning style and
readiness for treatment; the quality of the treatment relationship; and the
staff's therapeutic approach, cultural competency, use of reinforcement, and
modeling.
(28) "Screening" is the
initial stage of a process when it is determined whether an offender has a
chemical dependency problem that may require further assessment or
evaluation.
(29) "Senior Counselor,
Unit Manager, or Unit Supervisor" is a supervisory staff member who directs,
monitors, and oversees the work performance of subordinate staff
members.
(30) "Special Needs
Populations" are offenders who have significant problems in the areas of mental
health, diminished intellectual capacity, or medical needs.
(31) "Structured Activity" is a planned,
interactive, scheduled event that is overseen by staff in which participants
actively take part in an activity related to recovery, health, life skills, or
interpersonal skills.
(32)
"Supportive Outpatient Treatment" is an outpatient treatment program that
delivers no less than two hours per week of chemical dependency
counseling.
(33) "Treatment" is a
planned, structured, and organized program, either residential or
nonresidential, designed to initiate and promote an offender's chemical free
status or to maintain the offender free of illegal drugs. It includes, but is
not limited to, the application of planned procedures to identify and change
patterns of behavior related to or resulting from chemical dependency that are
maladaptive, destructive, or injurious to health, or to restore appropriate
levels of physical, psychological, or social functioning lost due to chemical
dependency.
(34) "Treatment Team"
is the team consisting of at least the offender, the offender's counselor, and
a CSO or residential CSO when appropriate.
(b) Compliance. Compliance with TDCJ CJAD
substance abuse treatment standards is required of all programs that provide
substance abuse treatment and are funded directly or indirectly or managed by
the TDCJ CJAD. Programs and facilities providing only substance abuse education
are not subject to these standards.
(c) Accreditation of Personnel and Staff
Development. The employer shall ensure that employees acquire and maintain any
credentials, licensing, certifications, or continuing education required to
perform their duties, with copies kept in their personnel files.
(d) Admissions and Removals.
(1) Eligibility. Programs shall have written
eligibility criteria specific to the services and mission of the program.
Offenders may be admitted into a program only by order of the court and only if
they meet the minimum eligibility criteria as outlined in the program policies,
licensure, or CJAD approved program design. Offenders found to be ineligible
for admission within 10 days of arrival at the program shall not be counted in
program admissions.
(2) Specific
admission criteria and procedures shall be documented. Offenders are eligible
for substance abuse treatment programs if:
(A) There is responsivity between the
treatment services provided by the program and the offender's criminogenic
risks and needs;
(B) A court orders
the offender into the program and the subsequent assessment indicates the need
for treatment services; or
(C) The
program allows readmissions and the offender meets the admission
criteria.
(3) For
offenders placed in treatment programs who do not meet admission or eligibility
criteria, a mechanism or procedure shall be developed for offender removal. A
review and justification explaining the reason the offender does not meet
admission criteria shall be required with copies kept in the offender's file.
Offenders who do not meet eligibility criteria will be considered ineligible
and shall not be counted as discharged.
(e) Intake. There shall be written policies
and procedures establishing an intake process to determine eligibility for
offenders entering a substance abuse treatment program. The intake process must
be completed within 10 working days of an offender's arrival in a
program.
(f) Initial Assessment
Procedures. Acceptable and recognized assessment tools shall be used in all
substance abuse treatment programs within 10 working days from date of
admission. Assessment policies and procedures shall require the use of approved
clinical measurements and screening tests. If the screening identifies a
potential mental health problem, the facility shall obtain a mental health
assessment and seek appropriate mental health services when resources for
mental health assessments and services are available internally or through
referral at no additional cost to the program. Assessment procedures shall
include the following:
(1) Identification of
strengths, abilities, needs, and substance preferences of the
offender;
(2) Summarization and
evaluation of each offender to develop individual treatment plans;
and
(3) Assessments completed by a
QCC or a CI. If the assessor is a CI, the documentation must be reviewed and
signed by a QCC.
(g)
Assessments. The assessment shall include:
(1) A summary of the offender's alcohol or
drug abuse history including substances used, date of last use, date of first
use, patterns and consequences of use, types of and responses to previous
treatment, and periods of sobriety;
(2) Family information, including substance
use and abuse by family members and supportive or dysfunctional
relationships;
(3) Vocational and
employment status, including skills or trades learned, work record, and current
vocational plans;
(4) Health
information, including medical conditions that present a problem or that might
interfere with treatment;
(5)
Emotional or behavioral problems, including a history of psychiatric
treatment;
(6) Educational
achievement level;
(7) Intellectual
functioning level;
(8) Responsivity
analysis; and
(9) A diagnostic
summary signed and dated by a QCC.
(h) Orientation. Each program shall establish
written policies and procedures for the orientation process. Orientation shall
be provided at the onset of treatment and in accordance with the level of
treatment to be provided. The orientation shall relay information concerning
program rules, the grievance procedure, and the steps necessary for offenders
to complete treatment successfully.
(i) Offender Rights. The offender's basic
rights shall be respected and protected, free from abuse, neglect,
exploitation, and discrimination. Each provider shall have written policies and
procedures to ensure protection of the offender's rights according to federal
and state guidelines.
(j) Release
of Information. There shall be written policies and procedures for protecting
and releasing offender information that conforms to federal and state
confidentiality laws. The staff shall follow written policies and procedures
for responding to oral and written requests for information that identifies an
offender.
(k) Offender Records.
There shall be written policies and procedures regarding the content of
offender treatment records. Residential programs shall maintain separate
individual treatment records for defendants. Case records, whether residential
or outpatient, shall include the following information at a minimum:
(1) Court order placing the offender into the
program;
(2) Initial intake
information form;
(3) Referral
documentation;
(4) Case information
from referral source, if applicable;
(5) Release of information forms;
(6) Relevant medical information;
(7) Case history and assessment including
risk and needs assessment and Strategies for Case Supervision, if
required;
(8) Individual treatment
plan;
(9) Evaluation and progress
reports; and
(10) Discharge
summary.
(l) Offender
Records Review Policy. There shall be written policies and procedures to govern
the access of offenders to their own substance abuse treatment records in
accordance with Texas Health and Safety Code and 42 Code of Federal Regulations
Part 2. This access does not apply to criminal justice records. Restrictions on
access to treatment records shall be specified and explained to offenders upon
request. Exceptions may be made if providing the records to the offender has
the potential to harm the offender or others.
(m) Treatment Planning and Review. Initial
individual treatment plans shall be completed by the counselor collaborating
with the offender within 10 working days from the date of admission to a
community corrections facility (CCF), county correctional center, or any other
substance abuse treatment program or through a similar process approved by the
community supervision and corrections department (CSCD). Substance abuse
treatment shall be based on substance abuse, chemical dependency or addiction,
and other criminogenic risks and needs identified through assessments and
revised according to the offender's successful resolution of those substance
abuse, chemical dependency, addiction, and other criminogenic risks and needs.
Treatment plans shall include criteria for discharge that are based on the
achievement of treatment plan goals and shall be reviewed at timely intervals
with a minimum of once each month or when major changes occur such as a change
in stage. The treatment planning and review process shall ensure that:
(1) The primary counselor meets with the
offender as needed to review the treatment plan, evaluating goal progress and
revisions;
(2) All revised
treatment plans are signed and dated by the counselor and the offender;
and
(3) Results of the review are
documented and placed in the treatment file, with a copy to the CSO.
(n) Treatment Progress Notes.
There shall be written policies and procedures to require all programs to
record and maintain progress notes on all offender case records, document
counseling sessions, and summarize significant events that occur throughout the
treatment process. Progress notes shall be documented at a minimum of once each
week.
(o) Changes in Treatment
Stages. Each treatment program shall develop written criteria based on
achievement of treatment plan goals for an offender to advance or regress from
a stage of treatment. An offender must meet the criteria for a change in the
stage of treatment before such a change or a discharge is implemented. The
treatment team shall confer when the offender is subject to a major setback in
the program and prior to discharge.
(p) Discharges from Treatment. Discharge from
a program shall be according to one of the following criteria:
(1) Completion of Program. The offender has
made sufficient progress towards meeting the objectives of the treatment plan,
including addressing criminogenic risks and needs and program requirements, or
the offender has satisfied a period of placement as a condition of community
supervision;
(2) Inappropriate
Placement or Unable to Participate. The offender is removed:
(A) By order of the court;
(B) By operation of law for conduct occurring
prior to admission into the program; or
(C) Because the program did not address the
risk and needs of the offender.
(3) Violation of Program. The offender has
demonstrated noncompliance with the program criteria or court order, including
absconding from the program; or
(4)
Other. The offender manifests a medical or psychological problem, including
death, which prohibits participation or completion of the program
requirements.
(q)
Discharge Plan. The treatment team shall adopt a discharge plan for each
offender prior to successful discharge. The discharge plan shall be sent to the
offender's CSO within seven days after discharge and provide a summary of:
(1) Clinical problems at the onset of
treatment and original diagnosis;
(2) The problems or needs and strengths or
weaknesses identified on the master treatment plan;
(3) The goals and objectives
established;
(4) The course of
treatment;
(5) The outcomes
achieved; and
(6) A continuum of
care and relapse plan for aftercare treatment, which must be prepared with the
offender and a family member or significant other, if appropriate and
available.
(r) Discharge
Summary. A discharge summary shall be prepared, within 30 days, for all
offenders who leave the program successfully. The summary shall include
elements (1) - (5) of the discharge plan.
(s) General Program Services Provisions.
Specific services shall be required of all substance abuse treatment programs.
Written policies and procedures shall ensure the following standards are met:
(1) All substance abuse services shall be
delivered according to a written treatment plan that has been developed from
the offender's assessment.
(2)
Group counseling sessions are limited to a maximum of 16 offenders. Group
education and life skills training sessions are limited to a maximum of 35
offenders. These limits do not apply to multi family educational groups,
seminars, outside speakers, or other events designed for a large
audience.
(3) All programs shall
employ a QCC.
(4) All counselor
interns shall work under the direct supervision of a QCC.
(5) Chemical dependency counseling shall be
provided by a QCC, graduate, or counselor who has the specialized education,
training, or expertise in that subject matter. Chemical dependency education
shall be provided by counselors or individuals who have the specialized
education, training, or expertise in that subject matter.
(6) Direct care staff shall be awake and
alert on site during all hours of program operation.
(7) Residential programs shall have, at a
minimum, one counselor on duty at least eight hours a day, five days a
week.
(8) Offenders in residential
programs shall have an opportunity for eight continuous hours of sleep each
night. Staff shall conduct and document at least three checks while offenders
are sleeping.
(9) The program shall
include a culturally diverse curriculum applicable to the population served and
shall be evidenced through demonstrated, appropriate counseling, and
instructional materials.
(10)
Members of the offender treatment team shall demonstrate effective
communications and coordination, as evidenced in staffing, treatment planning,
and case management documentation.
(11) There shall be written policies and
procedures regarding the delivery and administration of prescription and
nonprescription medication that provide for:
(A) Conformity with state regulations;
and
(B) Documentation of the
administration of medications, medication errors, and drug reactions.
(12) Chemical dependency education
and life skills training shall follow a course outline that identifies lecture
topics and major points to be discussed. All educational sessions shall include
offender participation and discussion of the material presented.
(13) The program shall provide education
about the health risks of tobacco products and nicotine addiction.
(14) The program shall provide human
immunodeficiency virus (HIV), Hepatitis B and C, and tuberculosis education
based on the Model Workplace Guidelines for Direct Service Providers developed
by the DSHS.
(15) Offenders shall
have access to HIV counseling and testing services directly or through
referral, as follows:
(A) HIV services shall
be voluntary, anonymous, and not limited by ability to pay.
(B) Counseling shall be based on the model
protocol developed by the DSHS.
(C)
In all TDCJ CJAD funded facilities, testing, as well as pre- and post-test
counseling, shall be provided by the medical department or contracted medical
provider.
(16) The
program shall make testing and information for tuberculosis and sexually
transmitted diseases available to all offenders, unless the program has access
to test results obtained during the past year, as follows:
(A) Services may be made available directly
or through referral.
(B) If an
offender tests positive for tuberculosis or a sexually transmitted disease, the
program shall refer the offender to an appropriate health care provider and
take appropriate steps to protect offenders and staff.
(C) A CCF shall report to the local health
department the release of an offender who is receiving treatment for
tuberculosis.
(17) The
program shall:
(A) Refer pregnant offenders
who are not receiving prenatal care to an appropriate health care provider and
verify services were received; and
(B) Refer offenders to ancillary services,
such as mental health services, necessary to meet treatment goals.
(18) CSCDs that contract for
services shall give preference to available programs that include the following
elements of best practices in criminal justice treatment. CSCDs that conduct
their own programs are required to incorporate the following elements of best
practices in criminal justice treatment:
(A)
Validated treatment assessments that include substance abuse, dependency, or
addiction, and other criminogenic risks and needs factors;
(B) A treatment regimen that focuses on
changing substance abuse, dependency or addiction, and other criminogenic risks
and needs, behaviors, and thinking patterns;
(C) A treatment regimen that includes a
specific, cognitive behavioral program that has been recognized in professional
criminal justice journals; and
(D)
Responsivity in addressing offenders' needs and in employment of qualified
staff.
(19) CSCDs that
place offenders in substance abuse treatment programs shall ensure that
offenders are referred to available aftercare services, giving preference to
programs that incorporate best practices elements.
(t) Stages of Treatment. All CCFs providing
substance abuse treatment shall designate in the current facility's Community
Justice Plan program proposal stages of treatment to be provided as described
in subsections (v) - (y) of this rule.
(u) Detoxification. Offenders being referred
to detoxification services shall be referred to licensed service
providers.
(v) Intensive
Residential Treatment. Written policies and procedures shall ensure the
following:
(1) All offenders admitted to
intensive residential treatment shall have written justification to support
their admission, be medically stable, and able to participate in
treatment.
(2) The program shall
provide adequate staff for close supervision and individualized treatment with
counselor caseloads not to exceed 10 offenders.
(3) There shall be direct care staff alert
and on site during all hours of operation. There shall be an appropriate number
of direct care staff to provide all required program services, maintain an
environment that is conducive to treatment, and ensure the safety and security
of the offenders, according to the design of the facility and with the approval
of the funding source.
(4) Program
counselors shall complete a comprehensive offender assessment and individual
treatment plan within 10 working days of admission.
(5) The facility shall deliver not less than
25 hours of structured activities per week for each offender, including:
(A) Ten hours of chemical dependency
counseling using a cognitive behavioral approach with no less than one hour of
individual counseling;
(B) Ten
hours additional education, counseling, life skills, or rehabilitation
activities; and
(C) Five hours of
structured social or recreational activities.
(6) Counseling and education schedules shall
be submitted to the funding entity for approval.
(7) Each offender shall have an opportunity
to participate in physical recreation at least weekly.
(8) Program staff shall offer chemical
dependency education or services to identified significant others.
(9) The program shall provide each offender
with opportunities to apply knowledge and practice skills in a structured,
supportive environment. Cognitive behavioral programs shall have a published
curriculum identified by the authors to contain cognitive, social, and
behavioral elements. Anyone facilitating a cognitive curriculum shall be
trained in that specific curriculum. All direct care staff shall receive
training on the principles of a cognitive behavioral model as it relates to
their job duties. This curriculum shall be approved by the TDCJ CJAD and
implemented as designed. Components of the cognitive program shall include, at
a minimum:
(A) Ways to identify thinking
patterns; and
(B) A social skills
training component.
(w) Supportive Residential Treatment. Written
policies and procedures shall ensure the following:
(1) All offenders admitted to supportive
residential treatment shall have written justification to support their
admission, be medically stable, be able to function with limited supervision
and support, and be able to participate in work release or community service
and restitution programs.
(2) The
program shall have adequate staff to meet treatment needs within the context of
the program description, with counselor caseloads not to exceed 20 offenders,
unless the program can provide research based evidence in writing to justify a
higher caseload size based on the program design, characteristics and needs of
the population served, and any other relevant factors.
(3) There shall be direct care staff alert
and on site during all hours of operation. There shall be an appropriate number
of direct care staff to provide for the safety and security of the offenders,
according to the design of the facility and with the approval of the funding
source.
(4) Counselors shall
complete a comprehensive offender assessment and individualized treatment plan
within 10 working days of admission for each offender.
(5) The program shall deliver no less than
six hours per week of chemical dependency counseling with a cognitive
behavioral approach for each offender, of which one hour per month shall be
individual counseling.
(6)
Counseling and education schedules shall be submitted to the funding entity for
approval.
(7) The program design
and application shall include increasing levels of responsibility for offenders
and frequent opportunities for offenders to apply knowledge and practice skills
in structured and unstructured settings. Cognitive behavioral programs shall
have a published curriculum identified by the authors to contain cognitive,
social, and behavioral elements. This curriculum shall be approved by the TDCJ
CJAD and implemented as designed. Anyone facilitating a cognitive curriculum
shall be trained in that specific curriculum. All staff shall receive training
on the principles of a cognitive behavioral model as it relates to their job
duties. Components of the cognitive program shall include, at a minimum:
(A) Ways to identify thinking patterns;
and
(B) A social skills training
component.
(x) Outpatient Treatment. Written policies
and procedures shall ensure the following:
(1) All offenders admitted to outpatient
treatment programs shall be medically stable, and have appropriate support
systems in the community to live independently with minimal
structure.
(2) The program shall
have adequate staff to provide offenders support and guidance to ensure
effective service delivery, safety, and security. Staffing patterns shall be
submitted to the funding entity.
(3) The program shall set limits on counselor
caseload size to ensure effective, individualized treatment and rehabilitation.
Criteria used to set the caseload size shall be documented and approved by the
funding entity.
(4) Didactic groups
shall not exceed 35 offenders per group.
(5) Therapeutic groups shall not exceed 16
offenders per group.
(6) For
offenders in supportive outpatient programs, counselors shall complete a
comprehensive offender assessment within 30 calendar days of
admission.
(7) For offenders in
intensive outpatient programs, counselors shall complete a comprehensive
offender assessment within 10 calendar days of admission.
(8) Intensive outpatient programs shall
deliver no less than six hours per week of chemical dependency counseling with
a cognitive behavioral approach.
(9) Supportive outpatient programs shall
deliver no less than two hours per week of chemical dependency
counseling.
(10) Each offender's
progress shall be assessed regularly by clinical staff to help determine the
length and intensity of the program.
(11) Counseling and education schedules shall
be submitted to the funding entity for approval.
(12) The program design and application shall
include increasing levels of responsibility for offenders and frequent
opportunities for offenders to apply knowledge and practice skills in
structured and unstructured settings.
(13) The outpatient treatment stages may be
used for residents in the work release phase of any residential substance abuse
treatment program.
(y)
Special Needs Populations. Written policies and procedures shall ensure the
following:
(1) Programs that address the
special mental health, intellectual capacity, or medical needs of offenders
shall provide appropriate treatment either by program staff or through
contracted services.
(2) Admission
to a special needs program shall be based on a documented mental health,
intellectual capacity, or medical need.
(3) When the assessment process indicates
that the offender has coexisting disabilities and disorders, the treatment plan
shall specifically address those issues that might impact treatment, recovery,
relapse, and recidivism.
(4)
Personnel qualified in the treatment of coexisting disabilities and disorders
shall be available as needed.
(5)
Within 96 hours of admission to a special needs residential program, an
offender shall be administered a medical and psychological
evaluation.
(6) Within 10 days of
admission to a residential program for special needs offenders, the program
administrator or designee shall contact the Texas Correctional Office on
Offenders with Medical or Mental Impairments (TCOOMMI) regarding the offender's
status. As soon as a discharge date is projected, TCOOMMI shall be notified in
writing of plans for a continuum of care after discharge, regardless of whether
or not the discharge is for successful completion of the program.
(7) Residential facilities providing services
for special needs populations shall have procedures to provide access to health
care services, including medical, dental, and mental health services, under the
control of a designated health authority. When this authority is other than a
physician, final medical judgments shall rest with a single designated
responsible physician licensed by the state.
(A) Services and treatment shall be directed
toward maximizing the functioning and reducing the symptoms of
offenders.
(B) There shall be
written policies and procedures regarding the delivery and administration of
prescription and nonprescription medication that provide for:
(i) Conformity with state
regulations;
(ii) Documentation of
the rationale for use and goals of service and treatment consistent with the
individual treatment plan;
(iii)
Documentation of the administration of medications, medication errors, and drug
reactions; and
(iv) Procedures to
follow in case of emergencies.
(8) There shall be procedures for documenting
that the offender has been informed of medication management
procedures.
(9) Offenders shall be
actively involved in decisions related to their medications.
(10) Programs for special needs offenders
shall follow the same staffing for treatment levels as the levels for other
offenders, except all residential programs shall maintain caseloads of no
greater than 16 offenders for each counselor.
(11) Programs operating in residential
facilities shall ensure that offenders have no less than 10 days of appropriate
medication for use after discharge.
(z) Use of Force. The CSCD director and
facility director shall ensure that a residential treatment program has written
policies, procedures, and practices that restrict the use of physical force to
instances of self protection, protection of offenders or others, or prevention
of property damage. The use of physical force against an offender is never
justifiable as punishment. A written report shall be prepared following all
uses of force, and all such written reports shall be promptly submitted to the
CSCD director and facility director for review and follow-up. Only an
individual who is properly trained in the use of such devices may use
restraining devices, aerosol sprays, and chemical agents. These devices shall
only be used in an emergency by such an individual in self protection,
protection of others, or other circumstances as described previously.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.