Texas Laws

Requirements for Licensure and Operations of Medications for Opioid Use Disorder Treatment

Question:

What personnel is required to be on staff for an OTP to become licensed?

Answer:
  • Medical director
  • Alcohol or drug counselor
  • Program physician
This answer is derived from 4 section of law
Citation:
  • citation 1: see full citation
    (4)  Medical director.(A)  The medical director shall be licensed to practice medicine in Texas and in accordance with 22 Texas Administrative Code (TAC), Chapter 163, and shall have worked in the field of addiction medicine a minimum of two years.(B)  Programs that are unable to secure the services of a medical director who meets the requirements of subparagraph (A) of this paragraph may apply to the SMA for a variance. The SMA has the discretion to grant such a variance for the two years experience in the field of addiction medicine when there is a showing that:(i)  the program has made good faith efforts to secure a qualified medical director, but has failed;(ii)  the program can secure the services of a licensed physician who is willing to serve as medical director and participate in an in-service training plan;(iii)  the program has developed an in-service training plan which is acceptable to the SMA;(iv)  the program has obtained the services of a medical consultant who meets the requirements of subparagraph (A) of this paragraph above and will be available to oversee the in-service training of the medical director and the delivery of medical services at the program requesting the variance. see full law
  • citation 2: see full citation
    (5)  Physicians.(A)  The program physician(s) other than the medical director shall be licensed to practice medicine in Texas and in accordance with 22 TAC, Chapter 163, and shall have worked in the field of addiction medicine a minimum of one year.(B)  Programs that are unable to secure the services of a physician who meets the requirements of subparagraph (A) of this paragraph regarding the 1 year experience in the field of addiction medicine may apply to the SMA for a variance. The SMA has the discretion to grant such a variance when there is a showing that:(i)  the program has made good faith efforts to secure a qualified physician, but has failed;(ii)  the program can secure the services of a licensed physician who is willing to serve as program physician and participate in an in-service training plan;(iii)  the program has developed an in-service training plan which is acceptable to the SMA; and(iv)  the program employs a qualified medical director who has the experience and credentials specified in paragraph (3)(A) of this subsection or has completed the in-service training program specified in paragraph (3)(B) of this subsection. see full law
  • citation 3: see full citation
    (9)  Chemical dependency counselor--A qualified credentialed counselor, as defined in Title 40, Texas Administrative Code (TAC), Chapter 150, or, counselor intern working under direct supervision of a licensed counselor or physician.(10)  Counselor intern (CI)--A person pursuing a course of training in chemical dependency counseling as defined in 40 TAC, Chapter 150. see full law
  • citation 4: see full citation
    (1)  Initial treatment plan. The primary counselor shall enter in the patient's record the counselor's name, the contents of the patient's initial assessment, and the initial treatment plan. The primary counselor shall make these entries immediately after the patient is stabilized on a dose or within four weeks after admission, whichever is sooner. The initial treatment plan is required to contain a statement that outlines:(A)  realistic short-term treatment goals which are mutually acceptable to the patient and the program;(B)  behavioral tasks a patient must perform to complete each short-term goal;(C)  the patient's requirements for education, vocational rehabilitation, and employment;(D)  the medical psychosocial, economic, legal, or other supportive services that a patient needs;(E)  the frequency with which these services are to be provided and/or the source to which the patient will be referred to receive the necessary services; and(F)  the treatment plan must be signed and dated by the primary counselor and the patient. see full law