81R1015 ALB-D
By: McClendon H.B. No. 142
A BILL TO BE ENTITLED
AN ACT
relating to disease control programs to reduce the risk of certain
communicable diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Health and Safety Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. PROGRAMS TO REDUCE RISK
OF CERTAIN COMMUNICABLE DISEASES
Sec. 81.401. DISEASE CONTROL PROGRAMS. (a) A local health
authority or an organization that contracts with a county,
municipality, hospital district, or other local governmental
entity charged with protecting the public health may establish a
disease control program that:
(1) provides for the anonymous exchange of used
hypodermic needles and syringes for an equal number of new
hypodermic needles and syringes;
(2) offers education on the transmission and
prevention of communicable diseases, including HIV, hepatitis B,
and hepatitis C; and
(3) assists program participants in obtaining
health-related services, including substance abuse treatment
services and bloodborne disease testing.
(b) A local health authority or other organization
operating a disease control program authorized by this subchapter
may charge a participant in the program a fee for each hypodermic
needle or syringe used in the program not to exceed 150 percent of
the actual cost of the hypodermic needle or syringe.
(c) A local health authority or other organization
operating a disease control program authorized by this subchapter
shall annually provide the department with information on the
effectiveness of the program, the program's impact on reducing the
spread of communicable diseases, including HIV, hepatitis B, and
hepatitis C, and the program's effect on injected drug use in the
area served by the local health authority.
Sec. 81.402. DISTRIBUTION OF NEEDLES AND SYRINGES TO
PROGRAM. A person licensed as a wholesale drug distributor or
device distributor under Chapter 431 may distribute hypodermic
needles and syringes to a disease control program authorized by
this subchapter.
Sec. 81.403. HANDLING OF NEEDLES AND SYRINGES. (a) The
operator of a disease control program shall store hypodermic
needles and syringes in a proper and secure manner. Only authorized
employees or volunteers of the disease control program may have
access to the hypodermic needles and syringes. Program clients may
obtain hypodermic needles and syringes only from an authorized
employee or volunteer.
(b) The operator of a disease control program authorized by
this subchapter shall store and dispose of used hypodermic needles
and syringes in accordance with board rule.
SECTION 2. Section 481.125, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) It is an exception to the application of Subsections (a)
and (b) that:
(1) the person manufactures hypodermic needles or
syringes that are delivered or are to be delivered through a disease
control program established under Subchapter J, Chapter 81; or
(2) the person:
(A) uses, possesses, or delivers hypodermic
needles or syringes that are delivered or are to be delivered
through a disease control program established under Subchapter J,
Chapter 81; and
(B) presents evidence showing that the person is
an employee, volunteer, or participant of the disease control
program.
SECTION 3. The purpose of this Act is to authorize disease
control programs to combat the spread of infectious and
communicable diseases, including HIV, hepatitis B, and hepatitis C.
SECTION 4. (a) The change to Section 481.125, Health and
Safety Code, made by this Act applies only to an offense committed
on or after the effective date of this Act. For purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before the effective date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.