By: McClendon H.B. No. 2529
A BILL TO BE ENTITLED
AN ACT
relating to disease control pilot 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 for the operation of disease control pilot 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. A pilot
program created under this Act may provide necessary access to
primary health care, ensure safe and sterile disposal of used
syringes and needles, and protect the public health. In addition,
pilot program goals may include reduced rates of intravenous drug
use and a reduced number of injuries to 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. 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 operate a
disease control pilot program in Bexar, Dallas, El Paso, Harris,
Nueces, Travis, and Webb Counties established by the county, and
funded by the county in addition to any revenue sources generated by
appropriately documented grants, gifts and donations, to prevent
the spread of HIV, hepatitis B, hepatitis C, and other infectious
and communicable diseases. The pilot programs may include disease
control outreach programs that provide for the anonymous exchange
of used hypodermic needles and syringes in association with
addiction recovery and restoration efforts. As part of their
outreach services, these programs are authorized to:
(1) provide for the anonymous exchange of used
hypodermic needles and syringes for an equal number of new
hypodermic needles and syringes;
(2) offer education on the transmission and prevention
of communicable diseases, including HIV, hepatitis B, and hepatitis
C; and
(3) assist program participants in obtaining
health-related services, including substance abuse treatment
services and blood borne disease testing.
(b) A local health authority or other organization
operating a disease control pilot 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 pilot program authorized by this
subchapter shall annually provide the department with information
on the effectiveness of the outreach program, the program's impact
on reducing the spread of communicable diseases, including HIV,
hepatitis B, and hepatitis C, and the outcomes and impact 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 pilot program authorized
by this subchapter.
Sec. 81.403. HANDLING OF NEEDLES AND SYRINGES. (a) The
operator of a disease control pilot program shall store hypodermic
needles and syringes in a proper and secure manner. Only authorized
employees or volunteers of the disease control pilot program may
have access to the hypodermic needles and syringes, which may be
included in safe kits made available by the outreach program.
Program clients may obtain hypodermic needles and syringes and safe
kits only from an authorized employee or volunteer of the pilot
program.
(b) The operator of a disease control pilot program
authorized by this subchapter shall store and dispose of used
hypodermic needles and syringes in accordance with board rule.
SECTION 3. Section 481.125, Health and Safety Code, is
amended by adding Subsections (g) and (h) to read as follows:
(g) Notwithstanding the other provisions of this section, a
person may dispense or deliver a hypodermic needle or syringe if
that person dispenses or delivers the needle or syringe for a
medical purpose. For the purposes of this subsection, "medical
purpose" includes the exchange of a hypodermic needle or syringe
for a used hypodermic needle or syringe in a program described by
Chapter 81, SUBCHAPTER J, Health and Safety Code, and Section
531.0972, Government Code.
(h) It is an exception to the application of Subsections (a)
and (b) that:
(1) the person manufacturers hypodermic needles or
syringes that are delivered or are to be delivered through a disease
control pilot program established under Subchapter J, Chapter 81;
or
(2) the person:
(A) uses, possesses, or delivers hypodermic
needles or syringes that are delivered to a disease control pilot
program or are to be delivered by or through such a program
established under Subchapter J, Chapter 81; and
(B) demonstrates or presents evidence that the
person is an employee, volunteer, duly authorized agent, or
participant of the disease control pilot program.
SECTION 4. Section 531.0972, Government Code, is amended to
read as follows:
Sec. 531.0972. PILOT PROGRAM TO PREVENT THE SPREAD OF
CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The commission may
provide guidance to the local health authorities [authority] of
Bexar, Dallas, El Paso, Harris, Nueces, Travis, and Webb Counties
[County] in establishing a pilot program in each county, that is
funded in whole or in part by the county to prevent the spread of
HIV, hepatitis B, hepatitis C, and other infectious and
communicable diseases. The program may include a disease control
pilot program that provides for the anonymous exchange of used
hypodermic needles and syringes in association with addiction
recovery and restoration outreach efforts.
SECTION 5. (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 governed by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2013.