Texas Attorney General Opinion: JM-652 Page: 8 of 9
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Mr. Ross Newby - Page 8 (JM-652)
conducted by the state health-related organiza-
tions covered by this section. (Emphasis added).
This section, as noted above, serves as an exception to the other
relevant inspection and licensing requirements set forth in articles
4437h, 5561cc, and 5561c-2, V.T.C.S. The coordinating authority of
the Texas Department of Health extends only to those situations in
which a section 4 "hospital" is involved. In all remaining instances,
the last sentence of section 3 of article 4437h, V.T.C.S., controls:
A state agency shall coordinate its health care
facility inspections both internally and with
those required by other state agencies so as to
insure that the requirements of this section are
met.
It is clear that, with the exception of section 4 "hospitals," each
agency affected by section 3 of article 4437h has both equal authority
and equal responsibility to coordinate its health care facility
inspections with other affected agencies; no agency's authority to
coordinate inspections in this matter is preeminent over any other.
SUMMARY
Section 3 of article 4437h, V.T.C.S., does
not prohibit the Texas Commission on Alcohol and
Drug Abuse from conducting on-site inspections of
alcohol-treatment facilities for compliance with
licensure requirements except in an instance in
which another licensing agency has already
conducted such an inspection that substantially
complies with that conducted by the commission.
The issue as to whether the inspection require-
ments of one agency substantially comply with
those of the commission is an issue of fact that
would be inapposite for resolution in the opinion
process. Section 4 of article 4437h, V.T.C.S.,
acts to prohibit the commission from conducting
on-site inspections of hospitals accredited by
national organizations in the manner specified in
section 4, regardless of whether such hospitals
are certified under Title XVIII of the Social
Security Act, even if the section 4 "hospital"
offers a drug or alcohol treatment program and the
accrediting agency does not impose accrediting
standards relevant to such programs. The legis-
lature has conferred authority to the Texas
Commission on Alcohol and Drug Abuse to promulgate
criteria by means of which the commission will
conduct on-site licensure inspections; any such
p. 2969
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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/m1/8/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.