Texas 2013 - 83rd Regular

Texas House Bill HB3238 Compare Versions

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1	1	83R13651 SCL-F
2	2	By: McClendon, Naishtat, Coleman, H.B. No. 3238
3	3	J. Davis of Harris, Zerwas
4	4	Substitute the following for H.B. No. 3238:
5	5	By: Farias C.S.H.B. No. 3238
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to disease control pilot programs to reduce the risk of
11	11	certain communicable diseases; authorizing a fee.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The legislature finds that because drug abuse
14	14	has been a tragedy for many Texas families, it is imperative that
15	15	individuals addicted to drugs receive education and treatment for
16	16	addiction. Working with community-based and faith-based
17	17	organizations creates a network of support for Texas families and
18	18	the opportunity to intervene in drug addiction. Members of
19	19	community-based and faith-based organizations have a strong desire
20	20	to compassionately work to preserve lives and offer help to those
21	21	stricken with disease and drug addiction.
22	22	Allowing for the operation of disease control pilot programs
23	23	will reduce the transmission of bloodborne diseases, such as
24	24	HIV/AIDS, hepatitis B, and hepatitis C, and provide clients with
25	25	referrals to appropriate health and social services. A pilot
26	26	program created under this Act may provide necessary access to
27	27	primary health care, ensure safe and sterile disposal of used
28	28	syringes and needles, and protect the public health. In addition,
29	29	pilot program goals may include reduced rates of intravenous drug
30	30	use and a reduced number of injuries to innocent victims, first
31	31	responders, and law enforcement due to needle sticks from
32	32	improperly disposed-of needles. Additionally, it is the intent of
33	33	the legislature that there will be increased access to drug
34	34	treatment centers, an increased likelihood of successful treatment
35	35	for addiction, and increased protection of public health and
36	36	safety.
37	37	SECTION 2. Section 531.0972, Government Code, is amended to
38	38	read as follows:
39	39	Sec. 531.0972. PILOT PROGRAM TO PREVENT THE SPREAD OF
40	40	CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The commission may
41	41	provide guidance to the counties and the hospital districts in
42	42	those counties that establish [the local health authority of Bexar
43	43	County in establishing] a pilot program under Subchapter J, Chapter
44	44	81, Health and Safety Code, [funded by the county] to prevent the
45	45	spread of HIV, hepatitis B, hepatitis C, and other infectious and
46	46	communicable diseases. The program may include a disease control
47	47	program that provides for the anonymous exchange of used hypodermic
48	48	needles and syringes.
49	49	SECTION 3. Chapter 81, Health and Safety Code, is amended by
50	50	adding Subchapter J to read as follows:
51	51	SUBCHAPTER J. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN
52	52	COMMUNICABLE DISEASES
53	53	Sec. 81.401. APPLICABILITY OF SUBCHAPTER. This subchapter
54	54	applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and
55	55	Webb Counties and hospital districts in those counties.
56	56	Sec. 81.402. DISEASE CONTROL PILOT PROGRAMS. (a) A county,
57	57	a hospital district in the county, or an organization that
58	58	contracts with a county or hospital district to operate a program
59	59	under this subchapter may establish a disease control pilot program
60	60	to prevent the spread of HIV, hepatitis B, hepatitis C, and other
61	61	infectious and communicable diseases. The program may include
62	62	disease control outreach programs that:
63	63	(1) provide for the anonymous exchange of used
64	64	hypodermic needles and syringes for an equal number of new
65	65	hypodermic needles and syringes;
66	66	(2) offer education on the transmission and prevention
67	67	of communicable diseases, including HIV, hepatitis B, and hepatitis
68	68	C; and
69	69	(3) assist program participants in obtaining health
70	70	care and other physical and mental health-related services,
71	71	including substance abuse treatment services and bloodborne
72	72	disease testing.
73	73	(b) A county, hospital district, or other organization
74	74	operating a disease control pilot program authorized by this
75	75	subchapter may charge a participant in the program a fee for each
76	76	hypodermic needle or syringe used in the program not to exceed 150
77	77	percent of the actual cost of the hypodermic needle or syringe.
78	78	(c) A county, hospital district, or other organization
79	79	operating a disease control pilot program authorized by this
80	80	subchapter shall annually provide the department with information
81	81	on:
82	82	(1) the effectiveness of the program;
83	83	(2) the program's impact on reducing the spread of
84	84	communicable diseases, including HIV, hepatitis B, and hepatitis C;
85	85	and
86	86	(3) the program's effect on injected drug use in the
87	87	area served by the county or hospital district.
88	88	Sec. 81.403. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT
89	89	PROGRAM. A person licensed as a wholesale drug distributor or
90	90	device distributor under Chapter 431 may distribute hypodermic
91	91	needles and syringes to a disease control pilot program authorized
92	92	by this subchapter.
93	93	Sec. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) In
94	94	this section, "safe kit" means a package given by a disease control
95	95	pilot program to a program participant that may include:
96	96	(1) alcohol swabs;
97	97	(2) a condom;
98	98	(3) cotton swabs;
99	99	(4) a hypodermic needle or syringe; and
100	100	(5) a tourniquet.
101	101	(b) The operator of a disease control pilot program shall
102	102	store hypodermic needles and syringes in a proper and secure
103	103	manner. Only authorized employees or volunteers of the program may
104	104	have access to the hypodermic needles and syringes. The hypodermic
105	105	needles and syringes may be included in safe kits made available
106	106	through the program. Program clients may obtain hypodermic needles
107	107	and syringes and safe kits only from an authorized employee or
108	108	volunteer.
109	109	(c) The operator of a disease control pilot program
110	110	authorized by this subchapter shall store and dispose of used
111	111	hypodermic needles and syringes in accordance with department rule.
112	112	Sec. 81.405. FUNDING. (a) Except to the extent
113	113	specifically prohibited by law, a county or hospital district may
114	114	use public money to fund a disease control pilot program under
115	115	Section 81.402(a).
116	116	(b) Except to the extent specifically prohibited by law, a
117	117	county or hospital district may solicit or accept gifts, grants, or
118	118	donations to fund a disease control pilot program under Section
119	119	81.402(a).
120	120	Sec. 81.406. EXPIRATION. This subchapter expires on
121	121	September 1, 2023.
122	122	SECTION 4. Section 481.125, Health and Safety Code, is
123	123	amended by adding Subsections (g), (h), and (i) to read as follows:
124	124	(g) It is an exception to the application of Subsections (a)
125	125	and (b) that the person dispenses or delivers a hypodermic needle or
126	126	syringe for a medical purpose. For the purposes of this subsection,
127	127	"medical purpose" includes the exchange of a hypodermic needle or
128	128	syringe for a used hypodermic needle or syringe in a program
129	129	described by Subchapter J, Chapter 81.
130	130	(h) It is an exception to the application of Subsections (a)
131	131	and (b) that the person manufactures hypodermic needles or syringes
132	132	for delivery to a disease control pilot program described by
133	133	Subchapter J, Chapter 81.
134	134	(i) It is an exception to the application of Subsections (a)
135	135	and (b) that the person is an employee, volunteer, duly authorized
136	136	agent, or participant of a disease control pilot program described
137	137	by Subchapter J, Chapter 81, and uses, possesses, or delivers a
138	138	hypodermic needle or syringe as part of the program.
139	139	SECTION 5. (a) The change to Section 481.125, Health and
140	140	Safety Code, made by this Act applies only to an offense committed
141	141	on or after the effective date of this Act. For purposes of this
142	142	section, an offense is committed before the effective date of this
143	143	Act if any element of the offense occurs before the effective date.
144	144	(b) An offense committed before the effective date of this
145	145	Act is governed by the law in effect when the offense was committed,
146	146	and the former law is continued in effect for that purpose.
147	147	SECTION 6. This Act takes effect September 1, 2013.