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

1. (1) Advanced Practice Registered Nurse--A registered nurse currently licensed by the Texas Board of Nursing to practice as a nurse practitioner or clinical nurse specialist.
2. (2) Assessment--An ongoing process through which the counselor collaborates with the client and others to gather and interpret information necessary for developing and revising a treatment plan and evaluating client progress toward achievement of goals identified in the treatment plan, resulting in comprehensive identification of the client's strengths, weaknesses, and problems/needs.
3. (3) ATOD--Alcohol, tobacco, and other drugs collectively.
4. (4) Authorized Representative--An attorney authorized to practice law in the State of Texas or, if authorized by applicable law, a person designated in writing by a party to represent the party.
5. (5) Behavioral Health Integrated Provider System (BHIPS)--The Department of State Health Services' Internet-based computer system for contracted service providers that offers contractors the tools to meet state and federal requirements for reporting, including capturing required client and billing data.
6. (6) Chemical Dependency--In addition to the statutory provisions defining chemical dependency as abuse of, dependence on, or addiction to alcohol or a controlled substance (as defined by Chapter 481, Health and Safety Code, and related statutory provisions in Chapters 461 and 464, Health and Safety Code), chemical dependency is also defined as substance-related disorders, as that term is used in the most recent published edition of the Diagnostic and Statistical Manual of Mental Disorders (See DSM).
7. (7) Chemical Dependency Counseling--See Practice of Chemical Dependency Counseling Services.
8. (8) Chemical Dependency Counselor--See Licensed Chemical Dependency Counselor (LCDC).
9. (9) Chemical Dependency Counselor Intern--A person registered with the Department of State Health Services who is pursuing a course of training in chemical dependency counseling at a registered clinical training institution.
10. (10) Chemical Dependency Treatment--A planned, structured, and organized chemical dependency program designed to initiate and promote a person's chemical-free status or to maintain the person free of illegal drugs. It includes, but is not limited to, the application of planned procedures to identify and change patterns of behavior related to or resulting from substance-related disorders that are maladaptive, destructive, or injurious to health, or to restore appropriate levels of physical, psychological, or social functioning.
11. (11) Client--An individual who receives or has received services, including admission authorization or assessment or referral, from a chemical dependency treatment provider, counselor, counselor intern, or applicant for licensure as a counselor or from an organization where the counselor, intern, or applicant is working on a paid or voluntary basis.
12. (12) Clinical Training Institution--An individual or legal entity registered with the Department of State Health Services to supervise a counselor intern.
13. (13) Consenter--The individual legally responsible for giving informed consent for a client. Unless otherwise provided by law, a legally competent adult is his or her own consenter and the consenter for an adolescent or child is the parent, guardian, or conservator. Texas law allows a person 16 or 17 years of age to consent to his or her own treatment.
14. (14) Counseling--A collaborative process that facilitates the client's progress toward mutually determined treatment goals and objectives. Counseling includes methods that are sensitive to individual client characteristics and to the influence of significant others, as well as the client's cultural and social context. Competence in counseling is built upon the understanding of, appreciation of, and ability to appropriately use the modalities of care for individuals, groups, families, couples, and significant others.
15. (15) Counselor--A qualified credentialed counselor, graduate, or counselor intern working towards licensure that would qualify them to be a qualified credentialed counselor (QCC).
16. (16) Crisis Intervention--Actions designed to intervene in situations that require immediate attention to avert potential harm to self or others. Services include face-to-face individual, family, or group interviews/interactions and/or telephone contacts to identify needs.
17. (17) Digital Authentication Key--Identification data (that includes user identification and a time stamp) that is digitally stamped on electronic documents identifying the specific user that created the document. The identification data must be controlled by a unique user ID and an encrypted password.
18. (18) Direct Care Staff--Staff responsible for providing treatment, care, supervision, or other direct client services that involve face-to-face contact with a client.
19. (19) Discharge--Formal, documented termination of services.
20. (20) Document (noun)--A written or electronic record.
21. (21) Diagnostic and Statistical Manual of Mental Disorders (DSM)--The Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association. Any reference to DSM constitutes a reference to the most recent edition then published, unless the context clearly indicates otherwise.
22. (22) Facility--See Juvenile Justice Facility.
23. (23) Graduate--An individual who has successfully completed the 270 hours of education, 300-hour practicum, and 4,000 hours of supervised work experience and who is still registered with the Department of State Health Services as a counselor intern.
24. (24) Human Immunodeficiency Virus (HIV)--The virus that causes Acquired Immune Deficiency Syndrome (AIDS). Infection is determined through a testing and counseling process overseen by the Department of State Health Services. Being infected with HIV is not necessarily equated with having a diagnosis of AIDS.
25. (25) Intake--The process for gathering information about a prospective client and giving a prospective client information about treatment and services.
26. (26) Intervention--The interruption of the onset or progression of chemical dependency in the early stages. Intervention strategies target indicated populations.

27. (27) Juvenile Justice Facility--A facility operated wholly or partly by the juvenile board, by another governmental unit, or by a private vendor under a contract with the juvenile board, county, or other governmental unit that serves juveniles under juvenile court jurisdiction. The term includes:

    1. (A) a public or private juvenile pre-adjudication secure detention facility, including a holdover facility;
    2. (B) a public or private juvenile post-adjudication secure correctional facility except for a facility operated solely for children committed to the Texas Juvenile Justice Department; and
    3. (C) a public or private non-secure juvenile post-adjudication residential treatment facility that is not licensed by the Department of Family and Protective Services or the Department of State Health Services.

28. (28) Juvenile Justice Program--A program or department operated wholly or partly by the juvenile board or by a private vendor under a contract with a juvenile board that serves juveniles under juvenile court jurisdiction. The term includes:

    1. (A) a juvenile justice alternative education program;
    2. (B) a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court; and
    3. (C) a juvenile probation department.
29. (29) License--The whole or part of any agency permit, certificate, approval, registration, or similar form of permission authorized by law.
30. (30) Licensed Chemical Dependency Counselor (LCDC)--A counselor licensed by the Department of State Health Services pursuant to Chapter 504, Occupations Code.
31. (31) Life Skills Training (Treatment)--A structured program of training, based upon a written curriculum and provided by qualified staff designed to help clients with social competencies such as communication and social interaction, stress management, problem solving, decision making, and management of daily responsibilities.
32. (32) Person--An individual, corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.
33. (33) Personnel--The members of the governing body of a provider and, without limitation, its staff, employees, contractors, consultants, agents, representatives, volunteers, or other individuals working for or on behalf of the provider through a formal or informal agreement.
34. (34) Practice of Chemical Dependency Counseling Services--Providing or offering to provide chemical dependency counseling services involving the application of the principles, methods, and procedures of the chemical dependency counseling profession as defined by the activities listed in the domains of Technical Assistance Publication 21 "Addictions Counseling Competencies: the Knowledge, Skills, and Attitudes of Professional Practice" published by the Center for Substance Abuse Treatment.
35. (35) Prevention--A proactive process that uses multiple strategies to preclude the illegal use of alcohol, tobacco, and other drugs and to foster safe, healthy, drug-free environments.
36. (36) Program--See Juvenile Justice Program.
37. (37) Provider--A person who performs or offers to perform substance abuse services in a program offered by a juvenile justice facility or juvenile justice program. The term includes but is not limited to, a qualified credentialed counselor, applicant for counselor licensure, and counselor intern.

38. (38) Qualified Credentialed Counselor (QCC)--A licensed chemical dependency counselor or one of the practitioners listed below who is licensed and in good standing in the State of Texas and has at least 1,000 hours of documented experience treating substance-related disorders:

    1. (A) licensed professional counselor (LPC);
    2. (B) licensed master social worker (LMSW);
    3. (C) licensed marriage and family therapist (LMFT);
    4. (D) licensed psychologist;
    5. (E) licensed physician;
    6. (F) licensed physician assistant;
    7. (G) certified addictions registered nurse (CARN); or
    8. (H) APRN licensed by the Texas Board of Nursing as a psychiatric-mental health clinical nurse specialist (PMHCNS) or psychiatric-mental health nurse practitioner (PMHNP).
39. (39) Recovery Maintenance--A level of treatment designed to maintain and support a client's continued recovery.
40. (40) Referral--The process of identifying appropriate services and providing the information and assistance needed to access them.
41. (41) Residential Site--A physical location owned, leased, or operated by a provider where clients reside in a supervised treatment environment.
42. (42) Screening--The process through which a qualified staff, client or participant, and available significant others determine the most appropriate initial course of action, given the individual's needs and characteristics and the available resources within the community. In a treatment program, screening includes determining whether an individual is appropriate and eligible for admission to a particular program.
43. (43) Services--Substance abuse treatment services.
44. (44) Staff--Individuals working for a person in exchange for money or other compensation.
45. (45) Substance Abuse--A maladaptive pattern of substance use leading to clinically significant impairment or distress, as defined by the most recently published version of the DSM.
46. (46) Substance Abuse Services (Services)--A comprehensive term intended to describe activities undertaken to address any substance-related disorder as well as prevention activities. The term includes the provision of screening, assessment, referral, treatment for chemical dependency, and chemical dependency counseling.
47. (47) Substance-Related Disorders--Defined by the most recently published version of the DSM.
48. (48) Treatment--See Chemical Dependency Treatment.
49. (49) Treatment Planning--A collaborative process through which the provider and client develop desired treatment outcomes and identify the strategies for achieving them. At a minimum, the treatment plan addresses the identified substance use disorder(s), as well as issues related to treatment progress, including relationships with family and significant others, employment, education, spirituality, health concerns, and legal needs.
50. (50) Unethical Conduct--Conduct prohibited by the ethical standards adopted by state or national professional organizations or by rules established by a profession's state licensing agency.
51. (51) Utilization Review--The process of evaluating the necessity, appropriateness, and efficiency of the use of chemical dependency treatment services, procedures, and facilities.

Source Note:The provisions of this §353.101 adopted to be effective February 28, 2018, 43 TexReg 892.