HBA-NMO C.S.H.B. 3606 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3606 By: Salinas Public Health 4/30/1999 Committee Report (Substituted) 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. C.S.H.B. 3606 provides that an alternative education program that provides chemical dependency treatment services must be licensed by the commission. This bill also requires a school district with an alternative education program to employ a mental health professional. 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 37.008(k), Education Code, to provide that an alternative education program that provides chemical dependency treatment services must be licensed under Chapter 464 (Facilities Treating Alcoholics and Drug-Dependent Persons), Health and Safety Code. SECTION 2. Amends Subchapter A, Chapter 464, Health and Safety Code, by adding Section 464.020, as follows: Sec. 464.020. ADDITIONAL REQUIREMENTS FOR ALTERNATIVE EDUCATION TREATMENT PROGRAMS. (a) Authorizes an alternative education program to apply for a license under this chapter to offer chemical dependency treatment services. (b) Requires the board of trustees of a school district with an alternative education program (board), or the board's designee, to employ a mental health professional to provide the services authorized by a license issued under this chapter to the alternative education program. (c) Prohibits the Texas Commission on Alcohol and Drug Abuse from issuing a license that authorizes an alternative education program to provide detoxification or residential services. (d) Authorizes the board, or the board's designee to contract with a private treatment facility or a person employed by or under contract with a private treatment facility to provide chemical dependency treatment services. Prohibits the contract from permitting the services to be provided at a site that offers detoxification or residential services. Provides that Section 164.006 (Soliciting and Contracting With Certain Referral Sources), Health and Safety Code applies to a contract made under this section. SECTION 3. Amends Section 164.006, Health and Safety Code, to make a conforming change. SECTION 4. Makes application of this Act effective beginning with the 1999-2000 school year. SECTION 5.Emergency clause. Effective date: upon passage. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute modifies the caption of the original to reflect changes made by the substitute. The substitute differs from the original in SECTION 1 by amending Section 37.008(k), Education Code, rather than Section 164.006, Health and Safety Code. The proposed amendment to Section 164.006 would have required the Texas Commission on Alcohol and Drug Abuse (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; defined "alternative education program;" and prohibited such programs from taking certain actions. For a complete analysis of amended Section 37.008(k) please see the Section-by-Section Analysis portion of this document. The substitute redesignates SECTIONS 2 and 3 (emergency clause) of the original as SECTIONS 4 and 5. The substitute adds new SECTIONS 2 (proposed Section 464.020, Health and Safety Code) and 3 (Section 164.006, Health and Safety Code). For a complete analysis of these new sections please see the Section-by-Section Analysis portion of this document.