81R32141 ALB-D
By: Deuell, Van de Putte, et al. S.B. No. 188
Substitute the following for S.B. No. 188:
By: Davis of Harris C.S.S.B. No. 188
A BILL TO BE ENTITLED
AN ACT
relating to disease control outreach programs to reduce the risk of
certain communicable diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The legislature finds that because drug abuse
has been a tragedy for many Texas families, it is imperative that
individuals addicted to drugs receive education and treatment for
addiction. Working with community-based and faith-based
organizations creates a network of support for Texas families and
the opportunity to intervene in drug addiction. Members of
community-based and faith-based organizations have a strong desire
to compassionately work to preserve lives and offer help to those
stricken with disease and drug addiction.
Allowing a local option for the operation of disease control
outreach programs will reduce the transmission of blood-borne
diseases, such as hepatitis C, hepatitis B, and HIV/AIDS, and
provide clients with referrals to appropriate health and social
services. An outreach program created under this Act shall provide
necessary access to primary health care, ensure safe and sterile
disposal of used syringes and needles, and protect the public
health. In addition, outreach program goals may include reduced
rates of intravenous drug use and may reduce the number of injuries
of innocent victims, first responders, and law enforcement due to
needle sticks from improperly disposed-of needles. Additionally,
it is the intent of the legislature that there will be increased
access to drug treatment centers, an increased likelihood of
successful treatment for addiction, and increased protection of
public health and safety.
SECTION 2. Chapter 81, Health and Safety Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. OUTREACH PROGRAMS TO REDUCE RISK
OF CERTAIN COMMUNICABLE DISEASES
Sec. 81.401. This subchapter applies only to a county with a
population of 300,000 or more.
Sec. 81.402. DISEASE CONTROL OUTREACH 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 outreach program that:
(1) assists outreach program participants in
obtaining health care and other physical and mental health-related
services, including substance abuse treatment services and
blood-borne disease testing;
(2) offers education on the transmission and
prevention of communicable diseases, including hepatitis C,
hepatitis B, and HIV; and
(3) provides for the anonymous exchange of used
hypodermic needles and syringes for an equal number of new
hypodermic needles and syringes.
(b) A local health authority or other organization
operating a disease control outreach program authorized by this
subchapter may charge a participant in the outreach program a fee
for each hypodermic needle or syringe used in the outreach 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 outreach program authorized by this
subchapter shall annually provide the department with information
on:
(1) the effectiveness of the disease control outreach
program, including:
(A) the number of clients served by the program;
and
(B) the methods of distribution;
(2) the disease control outreach program's impact on
reducing the spread of communicable diseases, such as hepatitis C,
hepatitis B, and HIV, including:
(A) the number of syringes collected and the
number of syringes disposed of through the program;
(B) the number of referrals for testing for
communicable diseases made by the program; and
(C) a list of the facilities to which individuals
are referred by the program to receive testing described by
Paragraph (B); and
(3) the disease control outreach program's effect on
injected drug use in the area served by the local health authority,
including:
(A) the number of referrals for substance abuse
treatment made by the program;
(B) a list of facilities to which individuals are
referred by the program to receive substance abuse treatment; and
(C) other information specified by the
department.
Sec. 81.403. DISTRIBUTION OF NEEDLES AND SYRINGES TO
OUTREACH 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 outreach
program authorized by this subchapter.
Sec. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) The
operator of a disease control outreach program shall store
hypodermic needles and syringes in a proper and secure manner. Only
authorized employees or volunteers of the disease control outreach
program may have access to the hypodermic needles and syringes.
Outreach program clients may obtain hypodermic needles and syringes
only from an authorized employee or volunteer.
(b) The operator of a disease control outreach program
authorized by this subchapter shall store and dispose of used
hypodermic needles and syringes in accordance with department rule.
SECTION 3. Section 481.125, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) It is a defense to prosecution under 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 outreach program established under Subchapter J, Chapter
81; or
(2) the person:
(A) uses, possesses, or delivers hypodermic
needles or syringes that are delivered to or are to be delivered
through a disease control outreach 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
outreach program.
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.