Does Texas have its own addiction treatment marketing law?

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Addiction treatment marketing rules in Texas

What you can claim, how you can pay for referrals, and where Texas diverges from the federal floor. Derived from the live ruleset library.

Yes. Texas has its own addiction-treatment marketing law, and Pre-Trip carries it as a live rule set, with every rule traced back to the section of law it comes from, checked 2026-08-04. On top of the federal rules that apply everywhere (42 CFR Part 2, the ad platforms' healthcare policies, EKRA, the FTC Act, HIPAA, the TCPA, CAN-SPAM), Texas adds 5 rules of its own, listed below with the section behind each one. A clean pass here means the copy cleared both.

Stop 1What applies here

Tex. Health and Safety Code ch. 164 (Treatment Facilities Marketing Practices Act), covering mental health and chemical dependency facilities. 164.010 marketing prohibitions; 164.005 solicitation comp

Texas Treatment Facilities Marketing Practices Act (TX)Last verified 2026-08-04

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, TCPA consent and revocation in calls and texts. 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.

Stop 2What you cannot say

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 riskPromises of cure or guarantees of treatment success for chemical dependency or mental health conditions.

Tex. Health and Safety Code 164.010(1)(A) prohibits promises of cure or guarantees of treatment outcomes. Exposure is civil and administrative: civil penalties of $1,000 to $25,000 per violation under 164.011, private DTPA actions under 164.013, and license discipline through the 164.012 cross-penalty.

Tex. H&S Code 164.010(1)(A); 164.011; 164.012; 164.013
High riskSpecific success, recovery, sobriety, or completion statistics presented without substantiation.

164.010(1)(B) prohibits any unsubstantiated claim, and outcome statistics are the canonical example; the scanner cannot see substantiation, so a specific rate is flagged for proof. Exposure: $1,000 to $25,000 civil per violation (164.011), DTPA private actions (164.013), license discipline (164.012).

Tex. H&S Code 164.010(1)(B); 164.011; 164.012; 164.013
FlagClaims that intervention services or interventionists are immediately or continuously available.

164.010(2) requires represented intervention services to actually be available as advertised; copy cannot prove availability, so this flag asks the operator to verify the claim is true before it runs. Exposure if false: $1,000 to $25,000 civil per violation (164.011), DTPA private actions (164.013), license discipline (164.012).

Tex. H&S Code 164.010(2); 164.011; 164.012; 164.013
High riskUsing records, rosters, or lists of patients or alumni for solicitation or outreach.

164.010(4) prohibits using confidential information for solicitation; patient and alumni lists are confidential by nature, and for substance use disorder records 42 C.F.R. Part 2 layers federal consent requirements on top. Exposure: $1,000 to $25,000 civil per violation (164.011), DTPA private actions (164.013), license discipline (164.012).

Tex. H&S Code 164.010(4); 164.011; 164.012; 164.013; 42 C.F.R. Part 2

Stop 3What it costs

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.

Stop 4A line that flags, a line that passes

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.

High riskWould flag

Our program guarantees your recovery from addiction, for good.

A promise of cure or a guaranteed outcome for substance use disorder. Outcomes cannot be guaranteed, and the claim is unsubstantiated on its face.

Cure and guarantee claims · Tex. Health & Safety Code 164.010 (prohibited marketing practices)

PassWould clear

Our program gives people the tools and the support to build lasting recovery.

Describes the service and the support without promising a guaranteed result.

Stop 5Where Texas diverges

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.

18 U.S.C. 220 makes paying or receiving remuneration for referrals to recovery homes, clinical treatment facilities, or labs a federal crime, up to $200,000 and 10 years per occurrence, and labeling t

18 U.S.C. 220; United States v. Schena, No. 23-2989 (9th Cir. July 11, 2025) (primary anchor); D.N.J. guilty pleas of Sept. 15, 2020 (Mohammad and Dickau) (secondary anchor); Tex. H&S Code 164.005 (state-conditional, TX facets); N.Y. MHL 32.06 (state-conditional, NY facets); Cal. HSC 11831.6 (state-conditional, CA); C.R.S. 12-245-224(1)(q) (CO carve-out divergence caution)

Texas and federal sources

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.