Tex. Health & Safety Code Section 464.009
Rules and Standards


The department shall license treatment facilities in a manner consistent with state and federal law and rules, including department licensing standards.


The executive commissioner shall adopt rules for:


a treatment facility’s organization and structure, policies and procedures, and minimum staffing requirements;


the services to be provided by a facility, including:


the categories of services the facility may provide;


the client living environment the facility requires; and


the requirement that a facility provide discharge planning and client follow-up contact;


client rights and standards for medication, nutrition, and emergency situations;


the client records kept by a facility;


the general physical plant requirements for a facility, including environmental considerations, fire protection, safety, and other conditions to ensure the health and comfort of the clients;


standards necessary to protect the client, including standards required or authorized by federal or other state law; and


the approval of a facility to treat adult or minor clients who are referred by the criminal justice system or by a court order for involuntary civil or criminal commitment or detention.


The executive commissioner shall adopt rules to protect the rights of individuals receiving services from a treatment facility and to maintain the confidentiality of client records as required by state and federal law.


The executive commissioner by rule may not restrict competitive bidding or advertising by a facility regulated by the department under this chapter except to prohibit false, misleading, or deceptive practices by the facility. However, those rules may not:


restrict the facility’s use of any medium for advertising;


restrict in an advertisement the personal appearance of a person representing the facility or the use of that person’s voice;


regulate the size or duration of an advertisement by the facility; or


restrict the facility’s advertisement under a trade name.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 184, eff. Sept. 1, 1991.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1188, eff. April 2, 2015.

Source: Section 464.009 — Rules and Standards, https://statutes.­capitol.­texas.­gov/Docs/HS/htm/HS.­464.­htm#464.­009 (accessed Dec. 2, 2023).

Dec. 2, 2023

§ 464.009’s source at texas​.gov