Texas 2017 - 85th Regular

Texas House Bill HB3256 Compare Versions

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1	1	85R13195 KKR-F
2	2	By: Rose, Wu, Zerwas, Rodriguez of Bexar, H.B. No. 3256
3	3	Hinojosa
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the establishment by certain counties and hospital
9	9	districts of disease control pilot programs to reduce the risk of
10	10	certain infectious and communicable diseases; authorizing fees.
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 about and treatment
15	15	for addiction. Cooperation 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 for the operation of disease control pilot programs
22	22	will reduce the transmission of bloodborne diseases, including
23	23	HIV/AIDS, hepatitis B, and hepatitis C, and provide clients with
24	24	referrals to appropriate health and social services. A pilot
25	25	program created under this Act may provide necessary access to
26	26	primary health care, ensure safe and sterile disposal of used
27	27	syringes and needles, and protect the public health. In addition,
28	28	pilot program goals may include reduced rates of intravenous drug
29	29	use and a reduced number of injuries to innocent victims, first
30	30	responders, and law enforcement caused by needle sticks from
31	31	improperly disposed needles. Additionally, it is the intent of the
32	32	legislature that the pilot program will increase access to drug
33	33	treatment centers, increase the likelihood of successful
34	34	treatments for addiction, and protect the public health and safety.
35	35	SECTION 2. Section 531.0972, Government Code, is amended to
36	36	read as follows:
37	37	Sec. 531.0972. PILOT PROGRAM TO PREVENT [THE] SPREAD OF
38	38	CERTAIN INFECTIOUS AND [OR] COMMUNICABLE DISEASES. The commission
39	39	may provide guidance to the counties and hospital districts in
40	40	those counties that establish [local health authority of Bexar
41	41	County in establishing] a pilot program under Subchapter K, Chapter
42	42	81, Health and Safety Code, [funded by the county] to prevent the
43	43	spread of HIV, hepatitis B, hepatitis C, and other infectious and
44	44	communicable diseases. The program may include a disease control
45	45	program that provides for the anonymous exchange of used hypodermic
46	46	needles and syringes.
47	47	SECTION 3. Chapter 81, Health and Safety Code, is amended by
48	48	adding Subchapter K to read as follows:
49	49	SUBCHAPTER K. PILOT PROGRAM TO REDUCE RISK OF CERTAIN COMMUNICABLE
50	50	DISEASES
51	51	Sec. 81.501. APPLICABILITY OF SUBCHAPTER. This subchapter
52	52	applies only to Bexar, Dallas, Harris, and Travis Counties and
53	53	hospital districts in those counties.
54	54	Sec. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county
55	55	or hospital district may authorize an organization to establish a
56	56	disease control pilot program under this subchapter to prevent the
57	57	spread of HIV, hepatitis B, hepatitis C, and other infectious and
58	58	communicable diseases. The pilot program may include disease
59	59	control outreach programs that:
60	60	(1) provide for the anonymous exchange of used
61	61	hypodermic needles and syringes for an equal number of new
62	62	hypodermic needles and syringes;
63	63	(2) offer education on the transmission and prevention
64	64	of infectious and communicable diseases, including HIV, hepatitis
65	65	B, and hepatitis C; and
66	66	(3) assist program participants in obtaining health
67	67	care and other physical and mental health-related services,
68	68	including substance abuse treatment services and bloodborne
69	69	disease testing.
70	70	(b) As part of the pilot program under Subsection (a), a
71	71	county or hospital district by order or similar measure may
72	72	authorize an organization to register with the county or hospital
73	73	district to distribute hypodermic needles and syringes for the
74	74	purpose of controlling the spread of certain bloodborne
75	75	communicable diseases. The county or hospital district may charge
76	76	a reasonable fee for registration under this subchapter to pay for
77	77	oversight functions, including coordination with law enforcement
78	78	personnel.
79	79	(c) An organization operating a disease control pilot
80	80	program authorized by this subchapter may charge a participant in
81	81	the program a fee for each hypodermic needle or syringe used in the
82	82	program not to exceed 150 percent of the actual cost of the
83	83	hypodermic needle or syringe.
84	84	(d) An organization operating a disease control pilot
85	85	program authorized by this subchapter shall annually provide the
86	86	department and the county or hospital district authorizing the
87	87	program with information on:
88	88	(1) the effectiveness of the program;
89	89	(2) the program's impact on reducing the spread of
90	90	communicable diseases, including HIV, hepatitis B, and hepatitis C;
91	91	and
92	92	(3) the program's effect on injected drug use in the
93	93	area served by the county or hospital district.
94	94	Sec. 81.503. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT
95	95	PROGRAM. A person licensed as a wholesale drug distributor or
96	96	device distributor under Chapter 431 may distribute hypodermic
97	97	needles and syringes to a disease control pilot program authorized
98	98	by this subchapter.
99	99	Sec. 81.504. HANDLING OF NEEDLES AND SYRINGES. (a) An
100	100	organization operating a disease control pilot program authorized
101	101	by this subchapter shall store hypodermic needles and syringes in a
102	102	proper and secure manner. Only authorized employees or volunteers
103	103	of the program may have access to the hypodermic needles and
104	104	syringes. The hypodermic needles and syringes may be included in
105	105	packaged safe kits made available to program clients through the
106	106	program. Program clients may obtain hypodermic needles and
107	107	syringes and safe kits only from an authorized employee or
108	108	volunteer of the program.
109	109	(b) An organization operating a disease control pilot
110	110	program authorized by this subchapter shall store and dispose of
111	111	used hypodermic needles and syringes in accordance with applicable
112	112	state laws and administrative rules governing the safe and proper
113	113	disposal of medical waste.
114	114	Sec. 81.505. FUNDING. Except to the extent specifically
115	115	prohibited by law, an organization may solicit or accept gifts,
116	116	grants, or donations to fund a disease control pilot program under
117	117	Section 81.502(a).
118	118	Sec. 81.506. EXPIRATION. This subchapter expires September
119	119	1, 2027.
120	120	SECTION 4. Section 481.125, Health and Safety Code, is
121	121	amended by adding Subsections (g), (h), and (i) to read as follows:
122	122	(g) Subsections (a) and (b) do not apply to a person who
123	123	dispenses or delivers a hypodermic needle or syringe for a medical
124	124	purpose. For the purposes of this subsection, "medical purpose"
125	125	includes the exchange of a hypodermic needle or syringe for a used
126	126	hypodermic needle or syringe in a disease control pilot program
127	127	described by Subchapter K, Chapter 81.
128	128	(h) Subsections (a) and (b) do not apply to a person who
129	129	manufactures hypodermic needles or syringes for delivery to a
130	130	disease control pilot program described by Subchapter K, Chapter
131	131	81.
132	132	(i) Subsections (a) and (b) do not apply to a person who is
133	133	an employee, volunteer, duly authorized agent, or participant of a
134	134	disease control pilot program described by Subchapter K, Chapter
135	135	81, and uses, possesses, or delivers a hypodermic needle or syringe
136	136	as part of the program.
137	137	SECTION 5. The change to Section 481.125, Health and Safety
138	138	Code, made by this Act applies only to an offense committed on or
139	139	after the effective date of this Act. An offense committed before
140	140	the effective date of this Act is governed by the law in effect when
141	141	the offense was committed, and the former law is continued in effect
142	142	for that purpose. For purposes of this section, an offense is
143	143	committed before the effective date of this Act if any element of
144	144	the offense occurs before the effective date.
145	145	SECTION 6. This Act takes effect September 1, 2017.