Health & Safety Code Section 464.009
Rules and Standards
(a)The department shall license treatment facilities in a manner consistent with state and federal law and rules, including department licensing standards.
(b)The executive commissioner shall adopt rules for:
(1)a treatment facility’s organization and structure, policies and procedures, and minimum staffing requirements;
(2)the services to be provided by a facility, including:
(A)the categories of services the facility may provide;
(B)the client living environment the facility requires; and
(C)the requirement that a facility provide discharge planning and client follow-up contact;
(3)client rights and standards for medication, nutrition, and emergency situations;
(4)the client records kept by a facility;
(5)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;
(6)standards necessary to protect the client, including standards required or authorized by federal or other state law; and
(7)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.
(c)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.
(d)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:
(1)restrict the facility’s use of any medium for advertising;
(2)restrict in an advertisement the personal appearance of a person representing the facility or the use of that person’s voice;
(3)regulate the size or duration of an advertisement by the facility; or
(4)restrict the facility’s advertisement under a trade name.
Section 464.009 — Rules and Standards,
https://statutes.capitol.texas.gov/Docs/HS/htm/HS.464.htm#464.009 (accessed Dec. 2, 2023).