Texas Health and Safety Code

§ 164.006 — SOLICITING AND CONTRACTING WITH CERTAIN REFERRAL SOURCES

HS § 164.006Title 2. HEALTH · Part H. PUBLIC HEALTH PROVISIONS · Ch. 164. TREATMENT FACILITIES MARKETING AND ADMISSION PRACTICES

Statute text

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A treatment facility or a person employed or under contract with a treatment facility, if acting on behalf of the treatment facility, may not:

(1)contact a referral source or potential client for the purpose of soliciting, directly or indirectly, a referral of a patient to the treatment facility without disclosing its soliciting agent's, employee's, or contractor's affiliation with the treatment facility;

(2)offer to provide or provide mental health or chemical dependency services to a public or private school in this state, on a part-time or full-time basis, or the services of any of its employees or agents who make, or are in a position to make, a referral, if the services are provided on an individual basis to individual students or their families. Nothing herein prohibits a treatment facility from:

(A)offering or providing educational programs in group settings to public schools in this state if the affiliation between the educational program and the treatment facility is disclosed;

(B)providing counseling services to a public school in this state in an emergency or crisis situation if the services are provided in response to a specific request by a school; provided that, under no circumstances may a student be referred to the treatment facility offering the services; or

(C)entering into a contract under Section 464.020 with the board of trustees of a school district with a disciplinary alternative education program, or with the board's designee, for the provision of chemical dependency treatment services;

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0495, eff. April 2, 2015. Acts 2025, 89th Leg., R.S., Ch. 527 (H.B. 4454), Sec. 4, eff. September 1, 2025.