In Foreman v. State, 995 S.W.2d 854 (Tex. App.--Austin 2000, pet. ref'd), the defendant sought treatment for pedophilia and the depression that resulted when his family learned about the pedophilia. During the treatment, the defendant told the counselor about sexually abusing his niece. The defendant objected to the counselor testifying at trial about the statements, asserting the statements were inadmissible under rule of evidence 509(b). The defendant had previously sought treatment for drug and alcohol abuse. Id. at 856. However, there was no evidence he was seeking treatment for substance abuse during the subsequent admission. Id. The Austin Court of Appeals noted the defendant's "prior history of substance abuse was one factor considered in the doctor's overall examination, but was not a primary or even a major concern." Id. Because the defendant did not seek treatment for substance abuse, rule 509(b) did not preclude the admission of the statements at trial. Id. at 857.