SECTION 307.131. Compliance with Statutes, Rules, and Other Documents

(a) In addition to any applicable federal or state law or rule, a provider must comply with:

(1) Texas Health and Safety Code, Chapter 574 (relating to Court-Ordered Mental Health Services);

(2) 25 TAC:

(A) Chapter 405, Subchapter K (relating to Deaths of Persons Served by TXMHMR Facilities or Community Mental Health and Mental Retardation Centers);

(B) Chapter 411, Subchapter N (relating to Standards for Services to Individuals with Co-occurring Psychiatric and Substance Use Disorders (COPSD));

(C) Chapter 414, Subchapter I (relating to Consent to Treatment with Psychoactive Medication--Mental Health Services);

(D) Chapter 414, Subchapter K (relating to Criminal History and Registry Clearances);

(E) Chapter 414, Subchapter L (relating to Abuse, Neglect, and Exploitation in Local Authorities and Community Centers);

(F) Chapter 415, Subchapter A (relating to Prescribing of Psychoactive Medication); and

(G) Chapter 415, Subchapter F (relating to Interventions in Mental Health Services); and

(3) 37 TAC Part 9 (relating to Texas Commission on Jail Standards).

(b) Concerning confidentiality, a provider must comply with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and other applicable federal and state laws, including:

(1) 42 CFR Part 2 and Part 51, Subpart D;

(2) 45 CFR Parts 160 and 164, and §1386.22;

(3) Texas Health and Safety Code, Chapter 81, Subchapter F;

(4) Texas Health and Safety Code, Chapter 241, Subchapter G;

(5) Texas Health and Safety Code, Chapters 181, 595, and 611;

(6) Texas Health and Safety Code, §§533.009, 533.035(a), 572.004, 576.005, 576.007, and 614.017;

(7) Texas Government Code, Chapters 552 and 559, and §531.042;

(8) Texas Human Resources Code, Chapter 48;

(9) Texas Occupations Code, Chapter 159; and

(10) Texas Business and Commerce Code, §521.053.

Source Note: The provisions of this §307.131 adopted to be effective August 6, 2018, 43 TexReg 5091; transferred effective February 15, 2020, as published in the Texas Register January 17, 2020, 45 TexReg 470