Texas Occupations Code Title 3, Chapter 504 - Chemical Dependency Counselors

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 504.001 - Definitions
  In this chapter: (1) "Certified clinical supervisor" means a person certified in accordance with Section 504.1521. (2) "Chemical dependency counseling" means assisting an individual or...

SUBCHAPTER B POWERS AND DUTIES OF EXECUTIVE COMMISSIONER AND DEPARTMENT

• Texas Section 504.002 - Exemptions; Applicability
  (a) A person is exempt from this chapter if the person does not: (1) directly or indirectly represent to the public that the person is...
• Texas Section 504.051 - General Powers And Duties Of Executive Commissioner
  The executive commissioner shall: (1) adopt rules as necessary for the performance of its duties under this chapter; (2) establish standards of conduct and ethics...
• Texas Section 504.0515 - General Powers And Duties Of Department
  The department shall: (1) enforce rules as necessary for the performance of its duties under this chapter; and (2) ensure strict compliance with and enforcement...
• Texas Section 504.052 - Discrimination Prohibited
  In taking an action or making a decision under this chapter, the executive commissioner, commissioner, and department shall do so without regard to the sex,...
• Texas Section 504.053 - Fees; Account
  (a) The executive commissioner by rule shall set application, examination, license renewal, and other fees in amounts sufficient to cover the costs of administering this...
• Texas Section 504.054 - Collection Action
  A district court in Travis County has exclusive jurisdiction of an action to collect an obligation owed to the department, including an administrative penalty assessed...
• Texas Section 504.055 - Official Roster
  (a) The department may prepare and publish a roster showing the name and address, as reflected by the department's records, of each chemical dependency counselor....
• Texas Section 504.056 - Rules Restricting Advertising Or Competitive Bidding
  (a) The executive commissioner may not adopt a rule restricting advertising or competitive bidding by a person regulated by the department under this chapter except...
• Texas Section 504.057 - Approval Of Peer Assistance Programs
  (a) The department shall approve one or more peer assistance programs established by the department or a professional association in accordance with Chapter 467, Health...

SUBCHAPTER C PUBLIC INTEREST INFORMATION AND

• Texas Section 504.058 - Funding For Chemical Dependency Counselor Programs
  (a) The executive commissioner shall add a surcharge of not more than $10 to the license or license renewal fee for a license under this...
• Texas Section 504.101 - Consumer Interest Information
  (a) The department shall prepare information of consumer interest describing the regulatory functions of the department and the procedures by which consumer complaints are filed...
• Texas Section 504.102 - Consumer Information For Filing Complaints
  Each person licensed under this chapter shall display prominently at all times in the person's place of business a sign containing: (1) the name, mailing...

SUBCHAPTER D LICENSE AND REGISTRATION REQUIREMENTS

• Texas Section 504.103 - Records Of Complaints
  (a) The department shall keep information about each complaint filed with the department. The information must include: (1) the date the complaint is received; (2)...
• Texas Section 504.151 - License Required; Use Of Title
  (a) A person may not engage in the practice of chemical dependency counseling unless the person is licensed as a chemical dependency counselor under this...
• Texas Section 504.1511 - Other Certifications Included On License
  A license issued under this chapter must include an area on which a license holder may apply an adhesive label issued by the Texas Certification...
• Texas Section 504.1515 - Counselor Interns
  (a) A person seeking a license as a chemical dependency counselor shall register with the department as a counselor intern by submitting, in a form...
• Texas Section 504.152 - Eligibility Requirements
  (a) To be eligible for a license under this chapter, a person must: (1) be at least 18 years of age; (2) hold an associate...
• Texas Section 504.1521 - Supervised Work Experience
  (a) A counselor intern shall obtain the supervised work experience required under Section 504.152 that is obtained in this state at a clinical training institution...
• Texas Section 504.1525 - Certain Grounds For License, Registration, Or Certification Refusal; Exception
  (a) Except as provided by Subsection (b), the department may not issue a license, registration, or certification under this chapter to an applicant who has...
• Texas Section 504.153 - Alternative Qualifications And Evidence Of License Requirement Satisfaction
  (a) An applicant is exempt from the requirements of Sections 504.152(3)(A) and (C) if the applicant holds a baccalaureate degree or a more advanced degree...
• Texas Section 504.155 - License Application
  (a) An application for a license under this chapter must: (1) be on a form prescribed and furnished by the department; and (2) contain a...
• Texas Section 504.156 - License Examination
  (a) At least twice each year, the department may prepare and administer or contract with an organization approved by the International Certification Reciprocity Consortium to...
• Texas Section 504.157 - Examination Results; Reexamination
  (a) The department shall notify each examinee of the results of the examination not later than the 45th day after the date the examination is...
• Texas Section 504.158 - Provisional License
  (a) The department may issue a provisional license to an applicant who is licensed in another state. An applicant for a provisional license under this...
• Texas Section 504.159 - Issuance Of License To Provisional License Holder
  (a) The department shall issue a license under this chapter to a provisional license holder who satisfies the eligibility requirements established by Section 504.152. When...
• Texas Section 504.160 - Issuance Of License To Certain Out-of-state Applicants
  (a) The department may, on application and payment of the appropriate fee, issue a license to a person who is licensed or certified by another...

SUBCHAPTER E LICENSE EXPIRATION AND RENEWAL

• Texas Section 504.161 - Criminal History Record Information
  (a) The department may obtain criminal history record information as provided by Section 411.1105, Government Code, and consider that information in determining a person's license,...
• Texas Section 504.201 - License Expiration
  (a) A license issued under this chapter expires on the second anniversary of the date of issuance. The executive commissioner by rule shall adopt a...
• Texas Section 504.202 - Notice Of License Expiration And Requirements To Renew
  Not later than the 31st day before the expiration date of a person's license, the department shall send to the license holder at the license...
• Texas Section 504.2025 - Certain Grounds For Refusal To Renew License, Registration, Or Certification
  (a) Except as provided by Subsection (b), the department shall refuse to renew a license, registration, or certification under this chapter on receipt of information...
• Texas Section 504.2026 - Refusal To Renew License: Access To Peer Assistance Program
  (a) Except as provided by Subsection (b), the department may not renew a license under this chapter unless the license holder provides to the department...
• Texas Section 504.203 - License Renewal
  (a) A person who is otherwise eligible to renew a license may renew an unexpired license by paying the required renewal fee to the department...
• Texas Section 504.204 - Renewal Of Expired License Of Out-of-state Practitioner
  (a) The department may renew without reexamination an expired license of a person who was licensed in this state, moved to another state, and is...
• Texas Section 504.205 - Continuing Education Requirements
  (a) The department shall recognize, prepare, or administer a continuing education program for chemical dependency counselors. The executive commissioner by rule shall provide for the...

SUBCHAPTER F DISCIPLINARY PROCEEDINGS

• Texas Section 504.206 - Continuing Education Relating To Hiv, Hepatitis C, And Sexually Transmitted Diseases
  (a) The continuing education required under Section 504.205 must include six hours of training during each two-year licensing period relating to HIV, hepatitis C, and...
• Texas Section 504.251 - Grounds For License, Registration, Or Certification Denial Or Disciplinary Action
  The department shall refuse to issue a license, registration, or certification issued by the department to an applicant, refuse to renew a license, registration, or...
• Texas Section 504.252 - Disciplinary Powers Of Department
  (a) On a determination that grounds exist to deny a license, registration, or certification issued by the department or license, registration, or certification renewal issued...
• Texas Section 504.2525 - Summary License, Registration, Or Certification Suspension
  (a) The department shall suspend the license, registration, or certification issued by the department of a license, registration, or certification holder if the department receives...
• Texas Section 504.253 - Complaint And Investigation
  (a) A person may file a complaint with the department alleging a violation of this chapter. The complaint must be in writing and under oath....
• Texas Section 504.254 - Right To Administrative Hearing
  (a) If the department proposes to suspend, revoke, or refuse to renew a person's license, registration, or certification issued by the department, the person is...

SUBCHAPTER G ADMINISTRATIVE PENALTY

• Texas Section 504.255 - Appeal Of Certain Denials, Refusals To Renew, And Suspensions
  (a) A person whose license, registration, or certification application is denied under Section 504.1525, whose license, registration, or certification renewal is refused under Section 504.2025,...
• Texas Section 504.301 - Imposition Of Penalty
  The department may impose an administrative penalty on a person who violates this chapter or a rule adopted under this chapter. Acts 1999, 76th Leg.,...
• Texas Section 504.302 - Amount Of Penalty
  (a) The amount of the administrative penalty may not exceed $1,000 for each violation. Each day of a continuing violation is a separate violation. (b)...
• Texas Section 504.303 - Notice Of Violation And Penalty
  If, after investigation of a possible violation and the facts surrounding the possible violation, the department determines that a violation occurred, the department shall give...
• Texas Section 504.304 - Penalty To Be Paid Or Hearing Requested
  (a) Not later than the 20th day after the date the person receives the notice under Section 504.303, the person may: (1) accept the department's...
• Texas Section 504.305 - Hearing
  (a) If the person requests a hearing in a timely manner, the department shall set a hearing and give written notice of the hearing to...
• Texas Section 504.306 - Decision By Department
  (a) Based on the findings of fact, conclusions of law, and recommendations of the hearings examiner, the department by order may determine that: (1) a...
• Texas Section 504.307 - Options Following Decision: Pay Or Appeal
  (a) Not later than the 30th day after the date the department's order becomes final, the person shall: (1) pay the administrative penalty; (2) pay...
• Texas Section 504.308 - Determination By Court
  (a) If the court sustains the determination that a violation occurred, the court may uphold or reduce the amount of the administrative penalty and order...
• Texas Section 504.309 - Remittance Of Penalty And Interest
  (a) If after judicial review the administrative penalty is reduced or not imposed by the court, the court shall, after the judgment becomes final: (1)...
• Texas Section 504.310 - Collection Of Penalty
  (a) In this section, "reasonable expenses and costs" includes expenses incurred by the department and the attorney general in the investigation, initiation, or prosecution of...

SUBCHAPTER H OTHER PENALTIES AND ENFORCEMENT PROVISIONS

• Texas Section 504.311 - Administrative Procedure
  A proceeding to assess an administrative penalty under this subchapter is subject to Chapter 2001, Government Code. Acts 1999, 76th Leg., ch. 388, Sec. 1,...
• Texas Section 504.351 - Injunctive Relief; Civil Penalty
  (a) If it appears that a person has violated, is violating, or is threatening to violate this chapter or a rule adopted under this chapter,...

Last modified: September 28, 2016