Tex.
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.
Source:
Section 464.009 — Rules and Standards, https://statutes.capitol.texas.gov/Docs/HS/htm/HS.464.htm#464.009 (accessed Jun. 5, 2024).
