The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

1. (1) Abusable glue or aerosol paint--Glue or aerosol paint that is:

   1. (A) packaged in a container holding a pint or less by volume or less than two pounds by weight; and
   2. (B) labeled in accordance with the labeling requirements concerning precautions against inhalation established under the Federal Hazardous Substances Act (15 United States Code §1261, et seq.), and under regulations adopted under that Act.
2. (2) Adolescent--A person who is 17 years of age or younger.
3. (3) Advanced clinical practitioner--An individual certified as an advanced clinical practitioner by the Texas Department of Human Services.
4. (4) Aerosol paint--An aerosol paint product, including a clear or pigmented lacquer or finish.
5. (5) Certified social worker--An individual who is certified as a certified social worker by the Texas Department of Human Services.
6. (6) Chemical dependency--The abuse of, or the psychological or physical dependence on, or the addiction to, alcohol or a controlled substance.
7. (7) Chemical dependency counselor--A person who is certified by the Texas Certification Board for Alcoholism and Drug Abuse Counselors (TCBADAC) or licensed by the Texas Commission on Alcohol and Drug Abuse.

8. (8) Chemical dependency treatment center--A facility which provides a program for the treatment of chemical dependency pursuant to a written treatment plan approved and monitored by a physician and which facility is also:

   1. (A) affiliated with a hospital under a contractual agreement with an established system for patient referral; or
   2. (B) accredited as such a facility by the Joint Commission on Accreditation of Hospitals; or
   3. (C) licensed as a chemical dependency treatment program by the Texas Commission on Alcohol and Drug Abuse; or
   4. (D) licensed, certified, or approved as a chemical dependency treatment program or center by any other state agency having legal authority to so license, certify, or approve.
9. (9) Controlled substance--A toxic inhalant, or a substance designated as a controlled substance in the Texas Controlled Substances Act (the Health and Safety Code, §481.002(5)).
10. (10) Facility--An individual program, entity, organization, or other provider of chemical dependency treatment services.
11. (11) Glue--An adhesive substance intended to be used to join two surfaces.
12. (12) Licensed professional counselor--An individual licensed as a professional counselor by the Texas State Board of Examiners of Professional Counselors.
13. (13) Licensed vocational nurse--A nurse licensed by the Texas State Board of Vocational Nurse Examiners.
14. (14) Partial hospitalization--The provision of treatment for chemical dependency for persons who require care or support or both in a hospital or chemical dependency treatment center but who do not require 24-hour supervision.
15. (15) Payor--Any insurer, any nonprofit hospital, and medical service plan corporation subject to the Insurance Code, Chapter 20, any health maintenance organization providing group health coverage, and any employer, trustee, or other self-funded or self-insured plan or arrangement transacting health insurance or providing other health coverage or services in this state but excluding any employer, trustee, or any other self-funded or self-insured plan or arrangement with 250 or fewer employees or members, or any individual insurance policies regardless of the method of solicitation or sale, or any individual health maintenance organization policies, or any health insurance policies that only provide cash indemnity for hospital or other confinement benefits, or supplemental or limited benefit coverage, or coverage for specified diseases or accidents, or disability income coverage, or any combination thereof.
16. (16) Physician--An individual who is licensed by the Texas State Board of Medical Examiners.
17. (17) Program--A particular type or level of service that is organizationally distinct within a facility.
18. (18) Psychiatrist--An individual who is licensed in the State of Texas to practice psychiatry, who is eligible for, or has received, board certification, and who has hospital affiliation and experience in appropriate use of psychotropic drugs.
19. (19) Psychologist--An individual licensed as a psychologist by the Texas State Board of Examiners of Psychologists.

20. (20) Qualified credentialed professional--An individual:

    1. (A) who is a chemical dependency counselor, or who is certified, licensed, or registered by the State of Texas as a certified social worker, advanced clinical practitioner, licensed professional counselor, physician, psychologist, physician assistant, advanced nurse practitioner, registered nurse, or licensed vocational nurse; or
    2. (B) who is employed outside the State of Texas and licensed, certified, or registered in a profession corresponding to those described in subparagraph (A) of this definition.
21. (21) Toxic inhalant--A volatile chemical under this section or under the Health and Safety Code, §484.002, or abusable glue or aerosol paint under this section or under the Health and Safety Code, §485.001.
22. (22) Treatment provider--Any "chemical dependency treatment center" as defined in this section or in the Insurance Code, Article 3.51-9, §2A, and also any certified or licensed practitioner or facility licensed to provide treatment for chemical dependency.
23. (23) Utilization review--A system for prospective or concurrent review of the appropriateness of health care services being provided or proposed to be provided in this state.

24. (24) Volatile chemical--A chemical or an isomer of a chemical listed in subparagraphs (A)-(X) of this definition, as follows:

    1. (A) acetone;
    2. (B) aliphatic hydrocarbons;
    3. (C) amyl nitrite;
    4. (D) butyl nitrite;
    5. (E) carbon tetrachloride;
    6. (F) chlorinated hydrocarbons;
    7. (G) chlorofluorocarbons;
    8. (H) chloroform;
    9. (I) cyclohexanone;
    10. (J) diethyl ether;
    11. (K) ethyl acetate;
    12. (L) glycol ether inter solvent;
    13. (M) glycol ether solvent;
    14. (N) hexane;
    15. (O) ketone solvent;
    16. (P) methanol;
    17. (Q) methyl cellosolve acetate;
    18. (R) methyl ethyl ketone;
    19. (S) methyl isobutyl ketone;
    20. (T) petroleum distillate;
    21. (U) toluene;
    22. (V) trichloroethane;
    23. (W) trichloroethylene; and
    24. (X) xylol or xylene.

Source Note:The provisions of this §3.8001 adopted to be effective August 28, 1991, 16 TexReg 4403.