Addiction treatment marketing rules in Texas

Every Texas scan also runs the always-on federal layer: 42 CFR Part 2 confidentiality and FTC endorsement rules in addic, Platform certification requirements for addiction treatment adve, EKRA referral remuneration in marketing copy, FTC deceptive health claims and endorsements. A ruleset counts toward a clean pass only while it is published, matches its content hash, and its review clock is fresh, which is why the date above is load-bearing.

The claim types Texas law puts off-limits in treatment marketing. Each is compiled from the cited section; the scanner reads your copy for them, and the patterns stay on the server.

• High riskDo not state the clinic's racemic ketamine treatment is FDA-approved for a psychiatric or other off-label indication.

  Racemic IV/IM ketamine for depression is off-label; asserting FDA approval is facially false. Scope to racemic ketamine for psychiatric use; do not fire on accurate Spravato (esketamine) or anesthesia statements. Human review on any FDA-approved string.

  21 U.S.C. 352(a); 21 CFR 202.1(e)(6)(xi); 21 CFR 201.128; 22 TAC 164.3(1)-(2). https://www.law.cornell.edu/uscode/text/21/352

• High riskDo not imply government or FDA endorsement of the off-label use without literally saying FDA-approved.

  Intended use is inferred from promotional statements (21 CFR 201.128); implied approval is misleading (22 TAC 164.3(2)). Contextual, route to review.

  21 CFR 201.128; 21 U.S.C. 352(a); 22 TAC 164.3(2).

• High riskDo not guarantee, assure, or promise a cure, relief, recovery, or result.

  Direct match to the prohibition on representations likely to create unjustified expectations.

  22 TAC 164.3(4).

• High riskDo not claim a permanent cure, or a cure for a chronic or incurable condition.

  Advertising or assuring a permanent cure for an incurable disease is prohibited.

  22 TAC 164.3(5), 164.3(4).

• High riskDo not use absolute-efficacy verbs implying a condition will be eliminated or reversed.

  Strong match to the unjustified-expectation prohibition; some phrasings need review.

  22 TAC 164.3(4).

• FlagDo not make superlative or uniqueness claims that cannot be verified (number one, the best, world-class, only clinic).

  Unverifiable professional superiority and unsubstantiated uniqueness claims are prohibited; permissible only if substantiated, so flag for review.

  22 TAC 164.3(7), 164.3(16).

• FlagDo not exploit the fears or emotions of vulnerable patients (last resort, last hope, before it is too late).

  Exploiting fears/emotions of susceptible patients is prohibited; intent-heavy, route to review.

  22 TAC 164.3(14).

• FlagDo not use the phrase board eligible or board qualified.

  Per se prohibited credential phrasing.

  22 TAC 164.4(d).

The exposure Texas attaches to a marketing violation, by tier. Exact amounts and elements live in the cited statute.

• CivilCivil penalties per violation and deceptive-practices exposure. Amounts are in the cited section.
• LicenseAdvertising violations can trigger license discipline for the facility or the provider.

What the scanner does with two versions of the same idea. The flagged line is rendered the way Pre-Trip renders a finding; the clean line is a pass.

Compensation for marketers, recruiters, or referral partners described as paid per admission, per patient, per referral, or per placement, or otherwise conditioned on the volume or value of patients delivered.. In Texas, Tex. H&S Code 164.005 separately prohibits compensation conditioned on patient revenue, with civil and license exposure per 164.011 and 164.012, so TX-faceted scans carry state exposure alongside the federal.

Pre-Trip is a rigorous screen, not legal advice. Counsel decides; we help you arrive prepared. Coverage for Texas reflects the library as of the build and changes as the law does.