Texas Attorney General Opinion: JM-652 Page: 3 of 9
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Mr. Ross Newby - Page 3 (JM-652)
on-site inspections under this Act. (Emphasis
added).
V.T.C.S. art. 5561cc, 56.
You first ask the following question:
Does article 4437h, section 3, V.T.C.S., pro-
hibit the Texas Commission on Alcohol and Drug
Abuse from conducting on-site inspections of
alcohol treatment facilities (as defined in
article 5561cc, V.T.C.S.) for compliance with
programmatic licensure standards which do not
duplicate any standards required by another state
agency?
We answer your first question in the negative. The very terms of
section 3 of article 4437h provide that one state agency must accept
the on-site inspection of another state agency only if the inspection
requirements of the inspecting agency comply substantially with those
of the first:
Any on-site inspection by a state agency or a
division or unit thereof that substantially
complies with the inspection requirements of any
other state agency or any other division or unit
of the inspecting agency charged with making
similar inspections shall be accepted as an
equivalent inspection in lieu of an on-site
inspection by said agency or by a division or unit
of the inspecting agency.
The issue as to whether the inspection requirements of one agency
"substantially comply" with that of another is an issue of fact that
would be inappropriate for resolution in the opinion process; but it
is clear that the commission is precluded from conducting on-site
inspections by section 3 of article 4437h only in such an instance.
You next ask:
Does article 4437h, section 4, V.T.C.S., pro-
hibit the Texas Commission on Alcohol and Drug
Abuse from conducting any and all on-site in-
spections of JCAH (Joint Commission on Accredita-
tion of Hospitals ] or American Osteopathic
Association -- accredited (or accreditations by
other national accreditation bodies) hospitals
which are certified under Title XVIII of the
Social Security Act, as amended, even if the
hospital programs include an alcohol or drug
treatment and rehabilitation program and thep. 2964
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-652, text, March 23, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273090/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.