HBA-NMO H.B. 3606 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3606 By: Salinas Public Health 4/8/1999 Introduced BACKGROUND AND PURPOSE Current law prohibits the Texas Commission on Alcohol and Drug Abuse (commission) from granting a facility treatment license to an alternative education program administered by a school. This prohibition provides an obstacle to schools seeking to provide drug abuse counseling for students assigned to alternative education programs. H.B. 3606 requires the commission to grant individual Alternative Education Programs governed by Texas public school districts a facility treatment license provided the applying program meets facility treatment licensing requirements as prescribed by the commission. This bill also authorizes a school district to employ certain chemical dependency counselors or mental health professionals. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 164.006(2), Health and Safety Code, by adding Paragraphs (C) and (D), as follows: (C) Requires the Texas Commission on Alcohol and Drug Abuse (commission) to grant individual Alternative Education Programs (programs) governed by Texas public school districts a facility treatment license provided the applying program meets facility treatment licensing requirements as prescribed by the commission. Requires each program to comply with such prescribed requirements. Defines "Alternative Education Program." (D)(1) Prohibits a licensed program from contracting or assigning in part or whole any portion of chemical dependency or mental health treatment to mental health provider groups. Authorizes the school district to employ individual licensed chemical dependency counselors or qualified credentialed mental health professionals to execute the regulatory mandates as set forth in the chemical dependency treatment facility licensing rules of the commission. (2) Prohibits a licensed program from applying for a treatment facility license from the commission that allows or requires detoxification or residential dependency treatment. (3) Prohibits a licensed program from employing or entering into an employment contract with a mental health professional or licensed chemical dependency counselor who is employed by or under contract with a private drug treatment or mental health facility. SECTION 2. Makes application of this Act effective beginning with the 1999-2000 school year. SECTION 3.Emergency clause. Effective date: upon passage.