Last updated: November 2026
A Texas substance use disorder treatment facility license is the license the Texas Health and Human Services Commission (HHSC) issues to what Texas law calls a chemical dependency treatment facility, and the governing rules are in Title 26, Part 1, Chapter 564 of the Texas Administrative Code. Integral Healthcare Solutions (IHS) prepares start-up and expanding treatment facilities for that license with a gap assessment, evidence map, drafted policies and a mock survey. The owner and administrator approve and file.
This page is not legal advice, and IHS is a consulting firm, not a law firm.
What is a Texas chemical dependency treatment facility license?
Texas Health and Safety Code Section 464.001 defines treatment as an organized, structured program planned to help a person become chemical-free or remain free of illegal drugs. Section 464.002 requires a license to offer or purport to offer chemical dependency treatment, unless the person is exempt under Subchapter C or works for or provides counseling with a program exempt under that subchapter. Section 464.003 lists additional exemptions (Chapter 464, page opened 2026-11-05).
The rules moved. The Secretary of State notice says the 25 TAC Chapter 441 and 448 rules related to the transferred functions move to 26 TAC Part 1, Chapter 564 effective April 30, 2024 (rule transfer notice, page opened 2026-11-05). IHS review approach, 2026-11-05: check older manuals against the transfer crosswalk for citations to affected rules.
Two license terms to plan around:
- Rule 564.401(b) and (c) require a license for each physical location at which the facility provides residential or outpatient services, and say a license is not transferable to a separate legal entity or to a different physical address.
- Section 464.004(d) and Rule 564.404(a) set a two-year term, and Rule 564.404(b) requires the renewal request and fee at least 60 days before expiration.
Section 464.009(b) directs rules on organization, policies and procedures, minimum staffing, services, client rights, records and the physical plant (Health and Safety Code Chapter 464, page opened 2026-11-05).
Who needs it and what triggers it
Any facility offering chemical dependency treatment in Texas needs the license unless Rule 564.401(a) exempts it. Exemptions include a federal facility, a facility directly operated by the State of Texas, and a 12-step or similar self-help program, but only one that does not offer or purport to offer a treatment program, does not charge participants and lets them stay anonymous. A satellite office is exempt only when the person providing services operates under the supervision of a licensed outpatient care facility and the services are within that facility's licensed scope.
Rule 564.403(g) says the applicant shall not provide chemical dependency treatment before receiving written notice of licensure approval.
A faith-based exemption requires a program conducted by a religious organization as defined in Section 464.051, exclusively religious, spiritual or ecclesiastical in nature, serving no minors, and registered under Section 464.053. Section 464.054 prohibits medical care, medical detoxification and medical withdrawal services (Chapter 464, Subchapter C, page opened 2026-11-05). HHSC lists Form 3202 for exemption registration; counsel determines eligibility.
How long does a Texas application take?
Rule 564.403 sets agency review periods and applicant deadlines; the six-month compliance deadline does not extend a shorter response or correction deadline. HHSC has 45 days from receipt to say whether the application is materially complete or what more it needs. The applicant must submit requested materials and correct identified deficiencies within the specified time frames. HHSC conducts any necessary on-site inspection within 45 days of receiving a materially complete packet, and issues the license within 45 days of receiving all required evidence of compliance and all required fees.
The six-month compliance period begins when HHSC receives the application. If an applicant fails to provide evidence of compliance within six months from the date the application is received, the application will be denied, and the applicant may reapply six months after the denial date with a new application and a new application fee. IHS planning approach, 2026-11-05: prepare the file before submission and track each deadline from receipt.
How IHS helps
- Gap assessment. We compare the operator's plan and documents with Rule 564.403(a), the HHSC checklist and the Chapter 564 standards for the services planned.
- Evidence map. We list each document the file needs, and who produces each.
- Drafting. We draft the operational plan, policy and procedure set and application packet. Clinical content is drafted for the facility's clinicians to review, change and approve.
- Mock survey. We review what HHSC says its inspections generally cover (records, policies and procedures, quality assurance activities, staff interviews and a facility tour) and produce findings with drafted corrections.
- Readiness support. We keep the open-items list and six-month calendar current until the owner is ready to file.
The client supplies ownership and governing documents, the administrator and clinical lead, the program and service list, staffing and credentials, proof of liability insurance, the building and inspection documents, and clinical sign-off on every clinical policy. IHS is principal-led by Thomas G. Goddard, JD, PhD, founder of Integral Healthcare Solutions and former Chief Operating Officer and General Counsel of URAC.
The real limit: HHSC decides whether to license a facility. IHS does not file, contact or act as liaison to HHSC, and it does not give legal conclusions. The owner or administrator files and handles any contact with the state.
What to have ready
Items below combine IHS intake materials with state application requirements. Sources: 26 TAC Chapter 564 and the HHSC CDTF application checklist (pages reviewed 2026-11-05).
- For IHS intake: a written description of the planned program and services, and a named administrator and clinical lead.
- A decision, with counsel, on whether an exemption applies (Rule 564.401(a) or the faith-based exemption, Form 3202).
- Form 3207 (license application) and Form 3208 (checklist for initial applicants), both listed on the HHSC page.
- The operational plan and proof of liability insurance (Rule 564.403(a)).
- The completed ADA checklist, with reasonable timeframes and corrective-action plans for identified deficiencies where applicable, and the local certificate of occupancy reflecting current use by the occupant, or documentation that the locality does not issue occupancy certificates (HHSC cites 26 TAC 564.505).
- If the location is shared with non-substance use disorder programs, a listing of those services (HHSC points to guidance letter GL 22-3003).
- For residential facilities: current, signed, dated inspections with no outstanding corrective actions, approved by the authorities HHSC identifies for fire safety, alarm systems, kitchens, gas pipe pressure tests and extinguisher inspection and maintenance; an alarm installation certificate reflecting installation by agents registered with the State fire marshal; and a floor plan with each room's square footage and each sleeping room's bed count and types (HHSC cites 26 TAC 564.1202, 564.1205 and 564.1206).
- For a detoxification program: the name and license number of the Medical Director (HHSC cites 26 TAC 564.902).
- A calendar tracking receipt, requested-material and corrective-action deadlines, the six-month compliance period and renewal deadlines (Rules 564.403 and 564.404).
When the list is mostly checked, the next step is a free introductory call to scope the work.
How does the Texas license compare with other approvals?
HHSC states that a license under these provisions is for licensure as a chemical dependency treatment facility only and does not satisfy any other applicable requirement for licensure or other form of authorization.
| Item | What it is | Where to read more |
|---|---|---|
| Texas chemical dependency treatment facility license | State license under Chapter 464 and 26 TAC Chapter 564, issued for a two-year term. | The Texas sources linked on this page. |
| National accreditation (CARF, The Joint Commission or another recognized body) | Section 464.0055 does not require accreditation. An accreditation review can satisfy the renewal inspection requirement under the conditions explained in the FAQ; other state inspection and enforcement powers remain. | Section 464.0055. |
| Medicare participation | HHSC says these facilities are not certified to participate in the federal Medicare Program. | The HHSC page. |
| Related IHS service | Records compliance consulting | Part 2 records compliance |
What does a Texas treatment facility license cost?
Rule 564.408(c) sets the schedule: a base fee of 1,200 dollars for initial and renewal licenses, which includes application and review fees; 125 dollars for each outpatient or residential site located at a separate physical address; and 35 dollars per bed. Rule 564.408(e) says licensure fees are not refundable, and HHSC will not process an application until it posts the license fee. Verify current fees with HHSC. See 26 TAC 564.408 (page opened 2026-11-05).
IHS scopes each engagement after a free introductory call.
What this is not
- It is not legal advice. IHS is a consulting firm, not a law firm.
- It is not a guarantee that HHSC will issue a license. HHSC decides.
- It is not a filing service. IHS does not submit to or deal with HHSC for the facility.
Frequently asked questions
Does a Texas treatment facility need an HHSC license?
Yes, if it offers or purports to offer chemical dependency treatment and no exemption applies. Section 464.002 preserves exceptions for persons exempt under Subchapter C and persons working for or providing counseling with an exempt program; Section 464.003 and Rule 564.401(a) list additional exemptions.
Which rules govern a Texas treatment facility license now?
Health and Safety Code Chapter 464 and 26 TAC Part 1, Chapter 564. The affected rules transferred from 25 TAC Chapters 441 and 448 effective April 30, 2024.
How do I apply, and with which forms?
HHSC lists Form 3207 as the license application and Form 3208 as the checklist for initial applicants. Rule 564.403(a) also calls for an operational plan, proof of liability insurance and an application fee.
How long does HHSC take to act on an application?
Within 45 days after receipt, Rule 564.403 requires notice that the application is materially complete or identifies additional information needed; a necessary on-site inspection is due within 45 days after a materially complete packet arrives, and issuance is due within 45 days after all required compliance evidence and fees arrive. Applicants must meet specified response and correction deadlines. Failure to demonstrate compliance within six months after receipt results in denial; reapplication requires a six-month wait after denial and a new application and fee.
What does a Texas treatment facility license cost?
Rule 564.408(c) sets a base fee of 1,200 dollars for initial and renewal licenses, which includes application and review fees, plus 125 dollars for each outpatient or residential site at a separate physical address and 35 dollars per bed. Fees are not refundable. Verify current fees with HHSC. See 26 TAC 564.408 (page opened 2026-11-05).
What documents does a residential facility submit?
HHSC requires an ADA checklist with applicable deficiency plans and timeframes, plus an occupancy certificate reflecting current use or documentation that the locality issues none. Residential submissions also include the inspections, installation certificate and room-by-room floor plan detailed in the checklist above; inspections must be current, signed, dated, free of outstanding corrective actions and approved by the authorities HHSC identifies.
Do faith-based programs need a license?
The exemption applies only to a program conducted by a qualifying religious organization, exclusively religious, spiritual or ecclesiastical in nature, serving no minors, and registered under Section 464.053. Section 464.054 prohibits medical care, medical detoxification and medical withdrawal services. HHSC lists Form 3202 for registration; counsel determines eligibility.
Can accreditation replace the HHSC inspection?
At renewal, Section 464.0055 requires acceptance of an accreditation review only if the facility holds that accreditation, the accreditor maintains and updates a review program meeting the applicable state minimum standards for each facility, the accreditor regularly reviews or inspects the facility on site under its guidelines, and the facility submits its latest accreditation review with the renewal application, fee and other required documents. Eligible bodies are CARF, The Joint Commission and other national accreditation organizations recognized by the department. The provision preserves the department's other inspection, investigation and enforcement powers; it does not require accreditation.