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Texas Statutes (Last Updated: January 4, 2014) |
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HEALTH AND SAFETY CODE |
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Title 6. FOOD, DRUGS, ALCOHOL, AND HAZARDOUS SUBSTANCES |
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Subtitle B. ALCOHOL AND SUBSTANCE ABUSE PROGRAMS |
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Chapter 464. FACILITIES TREATING ALCOHOLICS AND DRUG-DEPENDENT PERSONS |
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Subchapter A. REGULATION OF CHEMICAL DEPENDENCY TREATMENT FACILITIES |
Sec. 464.009. RULES AND STANDARDS
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(a) The commission shall license treatment facilities in a manner consistent with state and federal law and rules, including commission licensing standards.
(b) The commission 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 commission 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 commission by rule may not restrict competitive bidding or advertising by a facility regulated by the commission 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.