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.Tex. Health and Safety Code § 464.009
Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.1188, eff. 4/2/2015.Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 184, eff. 9/1/1991. Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. 9/1/1989.