Texas Attorney General Opinion: JM-652 Page: 6 of 9
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Mr. Ross Newby - Page 6 (JM-652)
national accreditation (i.e., "which have obtained . . . for the
offered services") to affect only those hospitals licensed by the
Texas Commission on Alcohol and Drug Abuse, not to affect hospitals
licensed by either the Texas Department of Health or the Texas Depart-
ment of Mental Health and Mental Retardation.
You next ask:
By what criteria must the Texas Commission on
Alcohol and Drug Abuse conduct inspections which
are mandated by article 5561cc, sections 6 and 13,
and by article 5561c-2, sections 1.13 and 1.14 (6)
and (9), V.T.C.S., pursuant to section 4 of
article 4437h?
Section 7 of article 5561cc, V.T.C.S., confers broad rule-making
authority to the commission and provides the following:
Sec. 7. The commission shall adopt rules and
standards for the following:
(1) the organizational structure of an alcohol
treatment facility, including the governing
authority of the facility, board authority,
organization, fiscal and policy responsibilities,
supervisory lines of authority, and staffing;
(2) the program conducted by a facility,
including services to be provided, admission
criteria, client rights, and standards for
medication, nutrition, and emergency situations;
(3) the clinical and fiscal records kept by a
facility;
(4) the general physical plant requirements
for a facility, including environmental considera-
tions, fire protection, safety, and other condi-
tions to ensure the health and comfort of the
clients; and
(5) standards relating to other aspects of
alcohol or alcohol and drug abuse treatment as
necessary to protect the alcoholic or alcohol and
drug dependent person.
(b) The commission may not adopt rules re-
stricting competitive bidding or advertising by a
facility regulated by the commission except to
prohibit false, misleading, or deceptive practices
by the facility. The commission may not includep. 2967
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-652, text, March 23, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273090/m1/6/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.