By: McClendon, Naishtat, Zerwas, Coleman, H.B. No. 65
et al.
A BILL TO BE ENTITLED
AN ACT
relating to disease control pilot programs to reduce the risk of
certain communicable diseases; authorizing fees.
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 bloodborne diseases, such as
HIV/AIDS, hepatitis B, and hepatitis C, 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 caused by needle sticks from
improperly disposed-of needles. Additionally, it is the intent of
the legislature that the pilot program will increase access to drug
treatment centers, increase the likelihood of successful
treatments for addiction, and protect the public health and safety.
SECTION 2. 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 counties and the hospital districts in
those counties that establish [the local health authority of Bexar
County in establishing] a pilot program under Subchapter J, Chapter
81, Health and Safety Code, [funded 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
program that provides for the anonymous exchange of used hypodermic
needles and syringes.
SECTION 3. Chapter 81, Health and Safety Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN
COMMUNICABLE DISEASES
Sec. 81.401. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and
Webb Counties and hospital districts in those counties.
Sec. 81.402. DISEASE CONTROL PILOT PROGRAMS. (a) A county
or hospital district may authorize an organization to establish a
disease control pilot program under this subchapter to prevent the
spread of HIV, hepatitis B, hepatitis C, and other infectious and
communicable diseases. The pilot program may include disease
control outreach programs that:
(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
care and other physical and mental health-related services,
including substance abuse treatment services and bloodborne
disease testing.
(b) As part of the pilot program under Subsection (a), a
county or hospital district by order or similar measure may
authorize an organization to register with the county or hospital
district to distribute hypodermic needles and syringes for the
purpose of controlling the spread of certain bloodborne
communicable diseases. The county or hospital district may charge a
reasonable fee for registration under this subchapter to pay for
oversight functions, including coordination with law enforcement
personnel.
(c) An 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.
(d) An organization operating a disease control pilot
program authorized by this subchapter shall annually provide the
department and the county or hospital district authorizing the
program with information on:
(1) the effectiveness of the program;
(2) the program's impact on reducing the spread of
communicable diseases, including HIV, hepatitis B, and hepatitis C;
and
(3) the program's effect on injected drug use in the
area served by the county or hospital district.
Sec. 81.403. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT
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. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) An
organization operating a disease control pilot program shall store
hypodermic needles and syringes in a proper and secure manner. Only
authorized employees or volunteers of the program may have access
to the hypodermic needles and syringes. The hypodermic needles and
syringes may be included in packaged safe kits made available to
program clients through the program. Program clients may obtain
hypodermic needles and syringes and safe kits only from an
authorized employee or volunteer of the program.
(b) An organization operating a disease control pilot
program authorized by this subchapter shall store and dispose of
used hypodermic needles and syringes in accordance with applicable
state laws and administrative rules governing the safe and proper
disposal of medical waste.
Sec. 81.405. FUNDING. Except to the extent specifically
prohibited by law, an organization may solicit or accept gifts,
grants, or donations to fund a disease control pilot program under
Section 81.402(a).
Sec. 81.406. EXPIRATION. This subchapter expires September
1, 2025.
SECTION 4. Section 481.125, Health and Safety Code, is
amended by adding Subsections (g), (h), and (i) to read as follows:
(g) Subsections (a) and (b) do not apply to a person who
dispenses or delivers a hypodermic 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 disease control pilot program
described by Subchapter J, Chapter 81.
(h) Subsections (a) and (b) do not apply to a person who
manufactures hypodermic needles or syringes for delivery to a
disease control pilot program described by Subchapter J, Chapter
81.
(i) Subsections (a) and (b) do not apply to a person who is
an employee, volunteer, duly authorized agent, or participant of a
disease control pilot program described by Subchapter J, Chapter
81, and uses, possesses, or delivers a hypodermic needle or syringe
as part of the program.
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, 2015.