| 1 | 1 | | 81R1015 ALB-D |
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| 2 | 2 | | By: McClendon H.B. No. 142 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to disease control programs to reduce the risk of certain |
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| 8 | 8 | | communicable diseases. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 81, Health and Safety Code, is amended by |
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| 11 | 11 | | adding Subchapter J to read as follows: |
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| 12 | 12 | | SUBCHAPTER J. PROGRAMS TO REDUCE RISK |
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| 13 | 13 | | OF CERTAIN COMMUNICABLE DISEASES |
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| 14 | 14 | | Sec. 81.401. DISEASE CONTROL PROGRAMS. (a) A local health |
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| 15 | 15 | | authority or an organization that contracts with a county, |
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| 16 | 16 | | municipality, hospital district, or other local governmental |
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| 17 | 17 | | entity charged with protecting the public health may establish a |
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| 18 | 18 | | disease control program that: |
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| 19 | 19 | | (1) provides for the anonymous exchange of used |
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| 20 | 20 | | hypodermic needles and syringes for an equal number of new |
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| 21 | 21 | | hypodermic needles and syringes; |
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| 22 | 22 | | (2) offers education on the transmission and |
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| 23 | 23 | | prevention of communicable diseases, including HIV, hepatitis B, |
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| 24 | 24 | | and hepatitis C; and |
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| 25 | 25 | | (3) assists program participants in obtaining |
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| 26 | 26 | | health-related services, including substance abuse treatment |
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| 27 | 27 | | services and bloodborne disease testing. |
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| 28 | 28 | | (b) A local health authority or other organization |
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| 29 | 29 | | operating a disease control program authorized by this subchapter |
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| 30 | 30 | | may charge a participant in the program a fee for each hypodermic |
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| 31 | 31 | | needle or syringe used in the program not to exceed 150 percent of |
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| 32 | 32 | | the actual cost of the hypodermic needle or syringe. |
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| 33 | 33 | | (c) A local health authority or other organization |
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| 34 | 34 | | operating a disease control program authorized by this subchapter |
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| 35 | 35 | | shall annually provide the department with information on the |
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| 36 | 36 | | effectiveness of the program, the program's impact on reducing the |
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| 37 | 37 | | spread of communicable diseases, including HIV, hepatitis B, and |
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| 38 | 38 | | hepatitis C, and the program's effect on injected drug use in the |
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| 39 | 39 | | area served by the local health authority. |
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| 40 | 40 | | Sec. 81.402. DISTRIBUTION OF NEEDLES AND SYRINGES TO |
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| 41 | 41 | | PROGRAM. A person licensed as a wholesale drug distributor or |
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| 42 | 42 | | device distributor under Chapter 431 may distribute hypodermic |
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| 43 | 43 | | needles and syringes to a disease control program authorized by |
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| 44 | 44 | | this subchapter. |
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| 45 | 45 | | Sec. 81.403. HANDLING OF NEEDLES AND SYRINGES. (a) The |
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| 46 | 46 | | operator of a disease control program shall store hypodermic |
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| 47 | 47 | | needles and syringes in a proper and secure manner. Only authorized |
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| 48 | 48 | | employees or volunteers of the disease control program may have |
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| 49 | 49 | | access to the hypodermic needles and syringes. Program clients may |
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| 50 | 50 | | obtain hypodermic needles and syringes only from an authorized |
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| 51 | 51 | | employee or volunteer. |
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| 52 | 52 | | (b) The operator of a disease control program authorized by |
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| 53 | 53 | | this subchapter shall store and dispose of used hypodermic needles |
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| 54 | 54 | | and syringes in accordance with board rule. |
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| 55 | 55 | | SECTION 2. Section 481.125, Health and Safety Code, is |
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| 56 | 56 | | amended by adding Subsection (g) to read as follows: |
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| 57 | 57 | | (g) It is an exception to the application of Subsections (a) |
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| 58 | 58 | | and (b) that: |
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| 59 | 59 | | (1) the person manufactures hypodermic needles or |
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| 60 | 60 | | syringes that are delivered or are to be delivered through a disease |
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| 61 | 61 | | control program established under Subchapter J, Chapter 81; or |
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| 62 | 62 | | (2) the person: |
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| 63 | 63 | | (A) uses, possesses, or delivers hypodermic |
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| 64 | 64 | | needles or syringes that are delivered or are to be delivered |
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| 65 | 65 | | through a disease control program established under Subchapter J, |
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| 66 | 66 | | Chapter 81; and |
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| 67 | 67 | | (B) presents evidence showing that the person is |
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| 68 | 68 | | an employee, volunteer, or participant of the disease control |
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| 69 | 69 | | program. |
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| 70 | 70 | | SECTION 3. The purpose of this Act is to authorize disease |
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| 71 | 71 | | control programs to combat the spread of infectious and |
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| 72 | 72 | | communicable diseases, including HIV, hepatitis B, and hepatitis C. |
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| 73 | 73 | | SECTION 4. (a) The change to Section 481.125, Health and |
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| 74 | 74 | | Safety Code, made by this Act applies only to an offense committed |
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| 75 | 75 | | on or after the effective date of this Act. For purposes of this |
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| 76 | 76 | | section, an offense is committed before the effective date of this |
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| 77 | 77 | | Act if any element of the offense occurs before the effective date. |
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| 78 | 78 | | (b) An offense committed before the effective date of this |
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| 79 | 79 | | Act is covered by the law in effect when the offense was committed, |
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| 80 | 80 | | and the former law is continued in effect for that purpose. |
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| 81 | 81 | | SECTION 5. This Act takes effect September 1, 2009. |
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