Texas 2009 - 81st Regular

Texas Senate Bill SB188 Compare Versions

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1	1	81R32141 ALB-D
2	2	By: Deuell, Van de Putte, et al. S.B. No. 188
3	3	Substitute the following for S.B. No. 188:
4	4	By: Davis of Harris C.S.S.B. No. 188
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to disease control outreach programs to reduce the risk of
10	10	certain communicable diseases.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The legislature finds that because drug abuse
13	13	has been a tragedy for many Texas families, it is imperative that
14	14	individuals addicted to drugs receive education and treatment for
15	15	addiction. Working with community-based and faith-based
16	16	organizations creates a network of support for Texas families and
17	17	the opportunity to intervene in drug addiction. Members of
18	18	community-based and faith-based organizations have a strong desire
19	19	to compassionately work to preserve lives and offer help to those
20	20	stricken with disease and drug addiction.
21	21	Allowing a local option for the operation of disease control
22	22	outreach programs will reduce the transmission of blood-borne
23	23	diseases, such as hepatitis C, hepatitis B, and HIV/AIDS, and
24	24	provide clients with referrals to appropriate health and social
25	25	services. An outreach program created under this Act shall provide
26	26	necessary access to primary health care, ensure safe and sterile
27	27	disposal of used syringes and needles, and protect the public
28	28	health. In addition, outreach program goals may include reduced
29	29	rates of intravenous drug use and may reduce the number of injuries
30	30	of innocent victims, first responders, and law enforcement due to
31	31	needle sticks from improperly disposed-of needles. Additionally,
32	32	it is the intent of the legislature that there will be increased
33	33	access to drug treatment centers, an increased likelihood of
34	34	successful treatment for addiction, and increased protection of
35	35	public health and safety.
36	36	SECTION 2. Chapter 81, Health and Safety Code, is amended by
37	37	adding Subchapter J to read as follows:
38	38	SUBCHAPTER J. OUTREACH PROGRAMS TO REDUCE RISK
39	39	OF CERTAIN COMMUNICABLE DISEASES
40	40	Sec. 81.401. This subchapter applies only to a county with a
41	41	population of 300,000 or more.
42	42	Sec. 81.402. DISEASE CONTROL OUTREACH PROGRAMS. (a) A
43	43	local health authority or an organization that contracts with a
44	44	county, municipality, hospital district, or other local
45	45	governmental entity charged with protecting the public health may
46	46	establish a disease control outreach program that:
47	47	(1) assists outreach program participants in
48	48	obtaining health care and other physical and mental health-related
49	49	services, including substance abuse treatment services and
50	50	blood-borne disease testing;
51	51	(2) offers education on the transmission and
52	52	prevention of communicable diseases, including hepatitis C,
53	53	hepatitis B, and HIV; and
54	54	(3) provides for the anonymous exchange of used
55	55	hypodermic needles and syringes for an equal number of new
56	56	hypodermic needles and syringes.
57	57	(b) A local health authority or other organization
58	58	operating a disease control outreach program authorized by this
59	59	subchapter may charge a participant in the outreach program a fee
60	60	for each hypodermic needle or syringe used in the outreach program
61	61	not to exceed 150 percent of the actual cost of the hypodermic
62	62	needle or syringe.
63	63	(c) A local health authority or other organization
64	64	operating a disease control outreach program authorized by this
65	65	subchapter shall annually provide the department with information
66	66	on:
67	67	(1) the effectiveness of the disease control outreach
68	68	program, including:
69	69	(A) the number of clients served by the program;
70	70	and
71	71	(B) the methods of distribution;
72	72	(2) the disease control outreach program's impact on
73	73	reducing the spread of communicable diseases, such as hepatitis C,
74	74	hepatitis B, and HIV, including:
75	75	(A) the number of syringes collected and the
76	76	number of syringes disposed of through the program;
77	77	(B) the number of referrals for testing for
78	78	communicable diseases made by the program; and
79	79	(C) a list of the facilities to which individuals
80	80	are referred by the program to receive testing described by
81	81	Paragraph (B); and
82	82	(3) the disease control outreach program's effect on
83	83	injected drug use in the area served by the local health authority,
84	84	including:
85	85	(A) the number of referrals for substance abuse
86	86	treatment made by the program;
87	87	(B) a list of facilities to which individuals are
88	88	referred by the program to receive substance abuse treatment; and
89	89	(C) other information specified by the
90	90	department.
91	91	Sec. 81.403. DISTRIBUTION OF NEEDLES AND SYRINGES TO
92	92	OUTREACH PROGRAM. A person licensed as a wholesale drug
93	93	distributor or device distributor under Chapter 431 may distribute
94	94	hypodermic needles and syringes to a disease control outreach
95	95	program authorized by this subchapter.
96	96	Sec. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) The
97	97	operator of a disease control outreach program shall store
98	98	hypodermic needles and syringes in a proper and secure manner. Only
99	99	authorized employees or volunteers of the disease control outreach
100	100	program may have access to the hypodermic needles and syringes.
101	101	Outreach program clients may obtain hypodermic needles and syringes
102	102	only from an authorized employee or volunteer.
103	103	(b) The operator of a disease control outreach program
104	104	authorized by this subchapter shall store and dispose of used
105	105	hypodermic needles and syringes in accordance with department rule.
106	106	SECTION 3. Section 481.125, Health and Safety Code, is
107	107	amended by adding Subsection (g) to read as follows:
108	108	(g) It is a defense to prosecution under Subsections (a) and
109	109	(b) that:
110	110	(1) the person manufactures hypodermic needles or
111	111	syringes that are delivered or are to be delivered through a disease
112	112	control outreach program established under Subchapter J, Chapter
113	113	81; or
114	114	(2) the person:
115	115	(A) uses, possesses, or delivers hypodermic
116	116	needles or syringes that are delivered to or are to be delivered
117	117	through a disease control outreach program established under
118	118	Subchapter J, Chapter 81; and
119	119	(B) presents evidence showing that the person is
120	120	an employee, volunteer, or participant of the disease control
121	121	outreach program.
122	122	SECTION 4. (a) The change to Section 481.125, Health and
123	123	Safety Code, made by this Act applies only to an offense committed
124	124	on or after the effective date of this Act. For purposes of this
125	125	section, an offense is committed before the effective date of this
126	126	Act if any element of the offense occurs before the effective date.
127	127	(b) An offense committed before the effective date of this
128	128	Act is covered by the law in effect when the offense was committed,
129	129	and the former law is continued in effect for that purpose.
130	130	SECTION 5. This Act takes effect September 1, 2009.