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Chapter 461A - Department of State Health Services: Chemical Dependency Services and Related Programs
Subchapter A. General Provisions
Section 461A.001. Policy - Sec. 461A.001. POLICY. Chemical dependency is a preventable and treatable...
Section 461A.002. Definitions - Sec. 461A.002. DEFINITIONS. In this chapter: (1) "Chemical dependency" means:...
Section 461A.003. Implementation by Department - Sec. 461A.003. IMPLEMENTATION BY DEPARTMENT. The department shall implement this...
Section 461A.004. Cooperation With Department - Sec. 461A.004. COOPERATION WITH DEPARTMENT. (a) Each department, agency, officer,...
Section 461A.005. Conflict With Other Law - Sec. 461A.005. CONFLICT WITH OTHER LAW. To the extent a...
Subchapter B. Powers and Duties of Department, Commissioner, and Executive Commissioner
Section 461A.051. Powers and Duties of Executive Commissioner - Sec. 461A.051. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER. The executive...
Section 461A.052. Powers and Duties of Department - Sec. 461A.052. POWERS AND DUTIES OF DEPARTMENT. (a) The department...
Section 461A.053. Emergency Treatment Resources - Sec. 461A.053. EMERGENCY TREATMENT RESOURCES. The commissioner may develop emergency...
Section 461A.054. Referral Services for Persons From Criminal Justice System - Sec. 461A.054. REFERRAL SERVICES FOR PERSONS FROM CRIMINAL JUSTICE SYSTEM....
Section 461A.055. Reporting of Children Involved in Substance Abuse or From Family Involved in Substance Abuse - Sec. 461A.055. REPORTING OF CHILDREN INVOLVED IN SUBSTANCE ABUSE OR...
Section 461A.056. Statewide Service Delivery Plan - Sec. 461A.056. STATEWIDE SERVICE DELIVERY PLAN. (a) The department shall...
Section 461A.057. State Agency Services Standards - Sec. 461A.057. STATE AGENCY SERVICES STANDARDS. (a) The executive commissioner...
Section 461A.058. Opioid Misuse Public Awareness Campaign - Sec. 461A.058. OPIOID MISUSE PUBLIC AWARENESS CAMPAIGN. (a) The executive...
Section 461A.059. Opioid Antagonist Program - Sec. 461A.059. OPIOID ANTAGONIST PROGRAM. (a) In this section, "opioid...
Subchapter C. Services and Programs
Section 461A.101. Local Behavioral Health Authorities - Sec. 461A.101. LOCAL BEHAVIORAL HEALTH AUTHORITIES. The department may designate...
Section 461A.102. Education and Research Programs Concerning Controlled Substances - Sec. 461A.102. EDUCATION AND RESEARCH PROGRAMS CONCERNING CONTROLLED SUBSTANCES. (a)...
Section 461A.103. Outreach Programs for Intravenous Drug Users - Sec. 461A.103. OUTREACH PROGRAMS FOR INTRAVENOUS DRUG USERS. (a) In...
Section 461A.104. Minimum Program Requirements - Sec. 461A.104. MINIMUM PROGRAM REQUIREMENTS. (a) In this section, "coping...
Section 461A.105. Relapse Rate Reporting - Sec. 461A.105. RELAPSE RATE REPORTING. (a) A treatment program provided...
Section 461A.106. Compulsive Gambling Program - Sec. 461A.106. COMPULSIVE GAMBLING PROGRAM. (a) The department shall establish...
Subchapter D. Service Contracts
Section 461A.151. Client Service Contract Standards - Sec. 461A.151. CLIENT SERVICE CONTRACT STANDARDS. (a) In each contract...
Section 461A.152. Contract Monitoring - Sec. 461A.152. CONTRACT MONITORING. The department shall establish a formal...
Section 461A.153. Technical Assistance Program - Sec. 461A.153. TECHNICAL ASSISTANCE PROGRAM. The department shall adopt technical...
Subchapter E. Funding
Section 461A.201. Finances - Sec. 461A.201. FINANCES. (a) The department may accept gifts and...
Section 461A.202. Services Funding - Sec. 461A.202. SERVICES FUNDING. (a) The executive commissioner by rule...
Section 461A.203. Funding Policy Manual - Sec. 461A.203. FUNDING POLICY MANUAL. (a) The department shall publish...
Section 461A.204. Unit Rate Reimbursement - Sec. 461A.204. UNIT RATE REIMBURSEMENT. (a) In this section, "unit...
Chapter 462 - Treatment of Persons With Chemical Dependencies
Section 462.001. Definitions - Sec. 462.001. DEFINITIONS. In this chapter: (1) "Applicant" means a...
Section 462.002. Filing Requirements - Sec. 462.002. FILING REQUIREMENTS. (a) Each application, petition, certificate, or...
Section 462.0025. Court Hours - Sec. 462.0025. COURT HOURS. (a) The probate court or court...
Section 462.003. Inspection of Court Records - Sec. 462.003. INSPECTION OF COURT RECORDS. (a) Each paper in...
Section 462.004. Representation of State - Sec. 462.004. REPRESENTATION OF STATE. In a hearing on court-ordered...
Section 462.005. Costs - Sec. 462.005. COSTS. (a) The laws relating to the payment...
Section 462.006. Writ of Habeas Corpus - Sec. 462.006. WRIT OF HABEAS CORPUS. This chapter does not...
Section 462.007. Limitation of Liability - Sec. 462.007. LIMITATION OF LIABILITY. (a) A person who participates...
Section 462.008. Criminal Penalty; Enforcement - Sec. 462.008. CRIMINAL PENALTY; ENFORCEMENT. (a) A person commits an...
Section 462.009. Consent to Treatment - Sec. 462.009. CONSENT TO TREATMENT. (a) A patient receiving treatment...
Section 462.010. Consent to Treatment at Certain Facilities - Sec. 462.010. CONSENT TO TREATMENT AT CERTAIN FACILITIES. (a) A...
Section 462.011. Consent to Medication - Sec. 462.011. CONSENT TO MEDICATION. Consent to the administration of...
Section 462.012. Right to Refuse Medication - Sec. 462.012. RIGHT TO REFUSE MEDICATION. (a) Each patient receiving...
Section 462.013. Medication Information - Sec. 462.013. MEDICATION INFORMATION. (a) The executive commissioner by rule...
Section 462.014. List of Medications - Sec. 462.014. LIST OF MEDICATIONS. (a) On the request of...
Section 462.015. Outpatient Treatment Services Provided Using Telecommunications or Information Technology - Sec. 462.015. OUTPATIENT TREATMENT SERVICES PROVIDED USING TELECOMMUNICATIONS OR INFORMATION...
Subchapter B. Voluntary Treatment or Rehabilitation
Section 462.021. Voluntary Admission of Adult - Sec. 462.021. VOLUNTARY ADMISSION OF ADULT. A facility may admit...
Section 462.022. Voluntary Admission of Minor - Sec. 462.022. VOLUNTARY ADMISSION OF MINOR. (a) A facility may...
Section 462.023. Discharge or Release - Sec. 462.023. DISCHARGE OR RELEASE. (a) Except as provided by...
Section 462.0235. Discharge or Release of Minor 16 or 17 Years of Age - Sec. 462.0235. DISCHARGE OR RELEASE OF MINOR 16 OR 17...
Section 462.024. Application for Court-Ordered Treatment During Voluntary Inpatient Care - Sec. 462.024. APPLICATION FOR COURT-ORDERED TREATMENT DURING VOLUNTARY INPATIENT CARE....
Section 462.025. Intake, Screening, Assessment, and Admission - Sec. 462.025. INTAKE, SCREENING, ASSESSMENT, AND ADMISSION. (a) The executive...
Subchapter C. Emergency Detention
Section 462.041. Apprehension by Peace Officer Without Warrant - Sec. 462.041. APPREHENSION BY PEACE OFFICER WITHOUT WARRANT. (a) A...
Section 462.042. Judge's or Magistrate's Order for Emergency Detention - Sec. 462.042. JUDGE'S OR MAGISTRATE'S ORDER FOR EMERGENCY DETENTION. (a)...
Section 462.043. Issuance of Warrant - Sec. 462.043. ISSUANCE OF WARRANT. (a) An applicant for emergency...
Section 462.044. Preliminary Examination - Sec. 462.044. PRELIMINARY EXAMINATION. (a) A physician shall conduct a...
Section 462.045. Detention Period - Sec. 462.045. DETENTION PERIOD. (a) A person apprehended under this...
Section 462.046. Information to Be Provided on Admission - Sec. 462.046. INFORMATION TO BE PROVIDED ON ADMISSION. (a) The...
Section 462.047. Release From Emergency Detention - Sec. 462.047. RELEASE FROM EMERGENCY DETENTION. (a) A person detained...
Section 462.048. Rights of Person Apprehended or Detained - Sec. 462.048. RIGHTS OF PERSON APPREHENDED OR DETAINED. (a) A...
Subchapter D. Court-Ordered Treatment
Section 462.061. Court-Ordered Treatment; Jurisdiction - Sec. 462.061. COURT-ORDERED TREATMENT; JURISDICTION. (a) A proceeding for court-ordered...
Section 462.062. Application for Court-Ordered Treatment - Sec. 462.062. APPLICATION FOR COURT-ORDERED TREATMENT. (a) A county or...
Section 462.063. Prehearing Procedure - Sec. 462.063. PREHEARING PROCEDURE. (a) When the application is filed,...
Section 462.064. Certificate of Medical Examination for Chemical Dependency - Sec. 462.064. CERTIFICATE OF MEDICAL EXAMINATION FOR CHEMICAL DEPENDENCY. (a)...
Section 462.065. Order of Protective Custody - Sec. 462.065. ORDER OF PROTECTIVE CUSTODY. (a) A motion for...
Section 462.066. Probable Cause Hearing and Detention - Sec. 462.066. PROBABLE CAUSE HEARING AND DETENTION. (a) The court...
Section 462.067. Hearing on Application for Court-Ordered Treatment - Sec. 462.067. HEARING ON APPLICATION FOR COURT-ORDERED TREATMENT. (a) A...
Section 462.068. Release After Hearing - Sec. 462.068. RELEASE AFTER HEARING. (a) The court shall enter...
Section 462.069. Court Order and Place of Treatment - Sec. 462.069. COURT ORDER AND PLACE OF TREATMENT. (a) The...
Section 462.070. Motion for Modification of Order for Outpatient Treatment - Sec. 462.070. MOTION FOR MODIFICATION OF ORDER FOR OUTPATIENT TREATMENT....
Section 462.071. Order for Temporary Detention - Sec. 462.071. ORDER FOR TEMPORARY DETENTION. (a) The person responsible...
Section 462.072. Modification of Order for Outpatient Services - Sec. 462.072. MODIFICATION OF ORDER FOR OUTPATIENT SERVICES. (a) The...
Section 462.073. Modification of Order for Inpatient Treatment - Sec. 462.073. MODIFICATION OF ORDER FOR INPATIENT TREATMENT. (a) The...
Section 462.0731. Outpatient Care in Certain Counties - Sec. 462.0731. OUTPATIENT CARE IN CERTAIN COUNTIES. (a) This section...
Section 462.074. Hospitalization Outside Treatment Facility - Sec. 462.074. HOSPITALIZATION OUTSIDE TREATMENT FACILITY. (a) A patient receiving...
Section 462.075. Renewal of Order for Court-Ordered Treatment - Sec. 462.075. RENEWAL OF ORDER FOR COURT-ORDERED TREATMENT. (a) A...
Section 462.076. Appeal - Sec. 462.076. APPEAL. (a) The appeal of an order requiring...
Section 462.077. Pass or Furlough From Inpatient Care - Sec. 462.077. PASS OR FURLOUGH FROM INPATIENT CARE. (a) The...
Section 462.078. Return to Facility Under Facility Administrator's Certificate or Court Order - Sec. 462.078. RETURN TO FACILITY UNDER FACILITY ADMINISTRATOR'S CERTIFICATE OR...
Section 462.079. Revocation of Furlough - Sec. 462.079. REVOCATION OF FURLOUGH. (a) A furlough may be...
Section 462.080. Release From Court-Ordered Treatment - Sec. 462.080. RELEASE FROM COURT-ORDERED TREATMENT. (a) The administrator of...
Section 462.081. Commitment by Courts in Criminal Proceedings; Alternative Sentencing - Sec. 462.081. COMMITMENT BY COURTS IN CRIMINAL PROCEEDINGS; ALTERNATIVE SENTENCING....
Chapter 464 - Facilities Treating Persons With a Chemical Dependency
Subchapter A. Regulation of Chemical Dependency Treatment Facilities
Section 464.001. Definitions - Sec. 464.001. DEFINITIONS. In this subchapter: (1) "Chemical dependency" means:...
Section 464.002. License Required - Sec. 464.002. LICENSE REQUIRED. A person may not offer or...
Section 464.003. Exemptions - Sec. 464.003. EXEMPTIONS. This subchapter does not apply to: (1)...
Section 464.004. License Application and Issuance - Sec. 464.004. LICENSE APPLICATION AND ISSUANCE. (a) To receive a...
Section 464.005. License Renewal - Sec. 464.005. LICENSE RENEWAL. (a) The department shall provide renewal...
Section 464.0055. Accreditation Review to Satisfy Inspection Requirements - Sec. 464.0055. ACCREDITATION REVIEW TO SATISFY INSPECTION REQUIREMENTS. (a) In...
Section 464.006. Inspections - Sec. 464.006. INSPECTIONS. The department or its representative may without...
Section 464.007. Application and Inspection Fees - Sec. 464.007. APPLICATION AND INSPECTION FEES. (a) The department shall...
Section 464.008. Applicability of Other Law to Application and Inspection Fees - Sec. 464.008. APPLICABILITY OF OTHER LAW TO APPLICATION AND INSPECTION...
Section 464.009. Rules and Standards - Sec. 464.009. RULES AND STANDARDS. (a) The department shall license...
Section 464.0095. Restraint and Seclusion - Sec. 464.0095. RESTRAINT AND SECLUSION. A person providing services to...
Section 464.010. Reports of Abuse or Neglect - Sec. 464.010. REPORTS OF ABUSE OR NEGLECT. (a) A person,...
Section 464.011. Disclosure of Department Records - Sec. 464.011. DISCLOSURE OF DEPARTMENT RECORDS. Unless prohibited or limited...
Section 464.012. HIV Infection Education, Testing, and Counseling - Sec. 464.012. HIV INFECTION EDUCATION, TESTING, AND COUNSELING. (a) A...
Section 464.014. Denial, Revocation, Suspension, or Nonrenewal of License - Sec. 464.014. DENIAL, REVOCATION, SUSPENSION, OR NONRENEWAL OF LICENSE. (a)...
Section 464.0145. Disciplinary Action Hearing - Sec. 464.0145. DISCIPLINARY ACTION HEARING. (a) If the department proposes...
Section 464.015. Injunction - Sec. 464.015. INJUNCTION. (a) The department may petition a district...
Section 464.016. Criminal Penalty - Sec. 464.016. CRIMINAL PENALTY. (a) A person commits an offense...
Section 464.017. Civil Penalty - Sec. 464.017. CIVIL PENALTY. (a) A person or facility is...
Section 464.018. Notice of Suit - Sec. 464.018. NOTICE OF SUIT. Not later than the seventh...
Section 464.019. Administrative Penalty - Sec. 464.019. ADMINISTRATIVE PENALTY. (a) The department may impose an...
Section 464.0195. Recovery of Costs - Sec. 464.0195. RECOVERY OF COSTS. If the attorney general brings...
Section 464.020. Additional Requirements for Disciplinary Alternative Education Treatment Programs - Sec. 464.020. ADDITIONAL REQUIREMENTS FOR DISCIPLINARY ALTERNATIVE EDUCATION TREATMENT PROGRAMS....
Subchapter B. County Contracts With Alcoholism Programs and Centers
Section 464.031. Definitions - Sec. 464.031. DEFINITIONS. In this subchapter: (1) "Alcoholism program or...
Section 464.032. County Contracts With Alcoholism Programs or Centers - Sec. 464.032. COUNTY CONTRACTS WITH ALCOHOLISM PROGRAMS OR CENTERS. (a)...
Section 464.033. Application for Contract - Sec. 464.033. APPLICATION FOR CONTRACT. (a) To be eligible to...
Section 464.034. Review of Contract Applications; List - Sec. 464.034. REVIEW OF CONTRACT APPLICATIONS; LIST. (a) A regional...
Section 464.035. Payment of Contract Amounts - Sec. 464.035. PAYMENT OF CONTRACT AMOUNTS. To pay for services...
Subchapter C. Faith-Based Chemical Dependency Treatment Programs
Section 464.051. Definitions - Sec. 464.051. DEFINITIONS. In this subchapter: (1) "Chemical dependency" has...
Section 464.052. Exemption for Faith-Based Chemical Dependency Treatment Program - Sec. 464.052. EXEMPTION FOR FAITH-BASED CHEMICAL DEPENDENCY TREATMENT PROGRAM. (a)...
Section 464.053. Exempt Program Registration - Sec. 464.053. EXEMPT PROGRAM REGISTRATION. The executive commissioner by rule...
Section 464.054. Medical Services Prohibited - Sec. 464.054. MEDICAL SERVICES PROHIBITED. A program exempted under this...
Section 464.055. Representations in Program Advertising or Literature - Sec. 464.055. REPRESENTATIONS IN PROGRAM ADVERTISING OR LITERATURE. A program...
Section 464.056. Declaration on Admission - Sec. 464.056. DECLARATION ON ADMISSION. (a) A program exempted under...
Section 464.057. Revocation of Exemption - Sec. 464.057. REVOCATION OF EXEMPTION. The department may revoke the...
Section 464.058. General Directive to State Agencies - Sec. 464.058. GENERAL DIRECTIVE TO STATE AGENCIES. A state agency...
Section 464.059. Religion Not Endorsed - Sec. 464.059. RELIGION NOT ENDORSED. This subchapter is not intended...
Section 464.060. Direct Public Funding Prohibited - Sec. 464.060. DIRECT PUBLIC FUNDING PROHIBITED. A program exempted under...
Section 464.061. Effect on Health and Safety Duties or Powers - Sec. 464.061. EFFECT ON HEALTH AND SAFETY DUTIES OR POWERS....
Chapter 465 - Local Drug and Alcohol Education Programs
Section 465.001. Commission - Sec. 465.001. COMMISSION. A municipality or county may create and...
Section 465.002. Individual or Joint Action - Sec. 465.002. INDIVIDUAL OR JOINT ACTION. The municipality or county...
Section 465.003. Report - Sec. 465.003. REPORT. The commission shall report annually to each...
Chapter 466 - Regulation of Narcotic Drug Treatment Programs
Section 466.001. Legislative Intent - Sec. 466.001. LEGISLATIVE INTENT. (a) It is the intent of...
Section 466.002. Definitions - Sec. 466.002. DEFINITIONS. In this chapter: (1) "Approved narcotic drug"...
Section 466.003. Exclusion of Cocaine - Sec. 466.003. EXCLUSION OF COCAINE. Cocaine is excluded for the...
Section 466.004. Powers and Duties of Executive Commissioner and Department - Sec. 466.004. POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT....
Subchapter B. Permit
Section 466.021. Permit Required - Sec. 466.021. PERMIT REQUIRED. A person may not operate a...
Section 466.022. Limitation on Prescription, Order, or Administration of Narcotic Drug - Sec. 466.022. LIMITATION ON PRESCRIPTION, ORDER, OR ADMINISTRATION OF NARCOTIC...
Section 466.023. Application for Permit; Fees - Sec. 466.023. APPLICATION FOR PERMIT; FEES. (a) The department shall...
Section 466.024. Permit Limitations - Sec. 466.024. PERMIT LIMITATIONS. (a) The department may issue a...
Section 466.025. Inspection - Sec. 466.025. INSPECTION. (a) The department may enter the facility...
Section 466.026. Multiple Enrollment Prevention - Sec. 466.026. MULTIPLE ENROLLMENT PREVENTION. The department shall work with...
Section 466.027. Denial, Suspension, or Revocation of Permit - Sec. 466.027. DENIAL, SUSPENSION, OR REVOCATION OF PERMIT. (a) After...
Subchapter C. Enforcement
Section 466.041. Emergency Orders - Sec. 466.041. EMERGENCY ORDERS. (a) The department may issue an...
Section 466.042. Injunction - Sec. 466.042. INJUNCTION. (a) The department may request the attorney...
Section 466.043. Administrative Penalty - Sec. 466.043. ADMINISTRATIVE PENALTY. If a person violates this chapter,...
Section 466.044. Criminal Penalty - Sec. 466.044. CRIMINAL PENALTY. (a) A person commits an offense...
Section 466.045. Civil Penalty - Sec. 466.045. CIVIL PENALTY. (a) If it appears that a...
Chapter 467 - Peer Assistance Programs
Section 467.001. Definitions - Sec. 467.001. DEFINITIONS. In this chapter: (1) "Approved peer assistance...
Section 467.002. Other Peer Assistance Programs - Sec. 467.002. OTHER PEER ASSISTANCE PROGRAMS. This chapter does not...
Section 467.003. Programs - Sec. 467.003. PROGRAMS. (a) A professional association or licensing or...
Section 467.0035. Provision of Services to Students - Sec. 467.0035. PROVISION OF SERVICES TO STUDENTS. (a) An approved...
Section 467.004. Funding - Sec. 467.004. FUNDING. (a) Except as provided by Section 467.0041(b)...
Section 467.0041. Funding for State Board of Dental Examiners - Sec. 467.0041. FUNDING FOR STATE BOARD OF DENTAL EXAMINERS. (a)...
Section 467.005. Reports - Sec. 467.005. REPORTS. (a) A person who knows or suspects...
Section 467.006. Assistance to Impaired Professionals - Sec. 467.006. ASSISTANCE TO IMPAIRED PROFESSIONALS. (a) A licensing or...
Section 467.007. Confidentiality - Sec. 467.007. CONFIDENTIALITY. (a) Any information, report, or record that...
Section 467.0075. Consent to Disclosure - Sec. 467.0075. CONSENT TO DISCLOSURE. An impaired professional who is...
Section 467.008. Civil Immunity - Sec. 467.008. CIVIL IMMUNITY. (a) A person who in good...
Chapter 468 - Programs and Initiatives to Prevent the Manufacture and Use of Methamphetamine
Subchapter B. Prevention and Education Programs
Section 468.051. Programs Designed to Help Students - Sec. 468.051. PROGRAMS DESIGNED TO HELP STUDENTS. In administering human...
Section 468.052. Education Regarding Anhydrous Ammonia - Sec. 468.052. EDUCATION REGARDING ANHYDROUS AMMONIA. (a) In cooperation with...