85R9229 KKR-F
By: Miles S.B. No. 1601
A BILL TO BE ENTITLED
AN ACT
relating to the establishment by certain counties and
municipalities of disease control programs to reduce the risk of
certain infectious and communicable diseases; authorizing fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 Department of
State Health Services [commission] may provide guidance to the
counties and municipalities that establish [local health authority
of Bexar County in establishing] a [pilot] program under Subchapter
K, 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 2. Chapter 81, Health and Safety Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. PROGRAM TO REDUCE RISK OF CERTAIN COMMUNICABLE
DISEASES
Sec. 81.501. DEFINITIONS. In this subchapter:
(1) "Organization" means an entity authorized by a
county or municipality to operate a program under this subchapter.
(2) "Program" means a program established under this
subchapter to control through needle exchange the spread of HIV,
hepatitis B, hepatitis C, or other infectious and communicable
diseases.
Sec. 81.502. AUTHORITY TO ESTABLISH PROGRAM. (a) An
organization may operate a program in a county or municipality in
which a public health emergency described by Subsection (b) is
declared by the commissioner.
(b) The commissioner may declare a public health emergency
in a county or municipality if a county or municipality
demonstrates that:
(1) an epidemic of HIV, hepatitis B, hepatitis C, or
other infectious and communicable diseases exists in the county or
municipality;
(2) the primary cause of the transmission of HIV,
hepatitis B, hepatitis C, or other infectious and communicable
diseases is intravenous drug use;
(3) other measures used to control the epidemic are
unsuccessful; and
(4) a needle exchange program is a medically
appropriate component of a comprehensive response to the epidemic.
(c) To request the department declare a public health
emergency, the commissioners court of a county or the governing
body of a municipality shall:
(1) conduct a public hearing and allow public
testimony on HIV, hepatitis B, hepatitis C, or other infectious and
communicable diseases in the county or municipality;
(2) issue an order requesting the department to
declare a public health emergency in the county or municipality
with facts supporting the declaration; and
(3) submit to the department an official request and
supporting evidence for the department to declare a public health
emergency in the county or municipality.
(d) On receipt of a request by a county or municipality to
declare a public health emergency under this subchapter, the
commissioner shall:
(1) approve, deny, or request additional information
from the county or municipality concerning the request not later
than the 10th day after the date the request is received by the
department; or
(2) if additional information is requested by the
department, approve or deny a request not later than the 10th day
after the additional information is received.
(e) A public health emergency declared under this section
remains in effect until the first anniversary of the date the
emergency is declared.
(f) The commissioner may extend a declaration of a public
health emergency at the request of the county or municipality that
is the subject of the declaration.
Sec. 81.503. REGISTRATION REQUIRED. An organization shall
register with the department and the county or municipality in
which the organization is applying to operate a program to
distribute hypodermic needles and syringes for the purpose of
controlling the spread of HIV, hepatitis B, hepatitis C, or other
infectious and communicable diseases. The department, county, or
municipality may charge a reasonable fee for registration under
this subchapter to pay for oversight functions, including
coordination with law enforcement personnel.
Sec. 81.504. PROGRAM OPERATION. A qualified organization
that is registered to provide a program in a county or municipality
shall:
(1) operate the program in a manner consistent with
public health and safety and under the supervision of a physician,
physician assistant, or nurse licensed to practice in this state;
(2) ensure the program is medically appropriate and
part of a comprehensive public health response;
(3) provide for the anonymous exchange of used
hypodermic needles and syringes for an equal number of new
hypodermic needles and syringes; and
(4) provide:
(A) education and training on responding to and
treating a drug overdose, including the administration of an
overdose intervention drug;
(B) information on options for drug
rehabilitation treatment; and
(C) assistance to program participants with
obtaining drug rehabilitation treatment, including treatment
programs located in the county or municipality in which the program
operates and treatment programs that offer medication-assisted
treatment using a medication that is:
(i) approved by the United States Food and
Drug Administration for use in opioid or alcohol dependence
treatment; and
(ii) long-acting and nonaddictive.
Sec. 81.505. 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 program authorized by this subchapter.
Sec. 81.506. HANDLING OF NEEDLES AND SYRINGES. (a) An
organization operating a program authorized by this subchapter
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 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. 81.507. REQUIRED REPORTING BY ORGANIZATION. (a) An
organization operating a program under this subchapter shall submit
to the department a quarterly report that provides:
(1) the number of individuals served by the
organization each day;
(2) the number of hypodermic needles and syringes
collected by the organization each day;
(3) the number of hypodermic needles and syringes
distributed by the organization each day; and
(4) other information the department determines
necessary.
(b) The information required under Subsection (a) must
include the zip code of each location where the program distributed
or collected hypodermic needles and syringes.
Sec. 81.508. REVOCATION. If an organization fails to
comply with the requirements of this subchapter, the commissioners
court of the county or the governing body of the municipality in
which the organization is operating or the department may revoke
the organization's registration and authorization to operate a
program.
Sec. 81.509. USE OF STATE FUNDS. State funds may not be
used to purchase hypodermic needles or syringes under this
subchapter.
Sec. 81.510. DEPARTMENT REPORT. The department shall
annually submit to the legislature a report on:
(1) the effectiveness of the program;
(2) the program's impact on reducing the spread of HIV,
hepatitis B, hepatitis C, and other infectious and communicable
diseases; and
(3) the program's effect on intravenous drug use in the
area served by the county or municipality.
SECTION 3. Section 481.125, Health and Safety Code, is
amended by adding Subsections (g), (h), (i), and (j) 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 program described by Subchapter
K, Chapter 81.
(h) Subsections (a) and (b) do not apply to a person who
manufactures hypodermic needles or syringes for delivery to a
program described by Subchapter K, 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
program described by Subchapter K, Chapter 81, and uses, possesses,
or delivers a hypodermic needle or syringe as part of the program.
(j) A peace officer may not stop, search, or seize a person
or base probable cause solely because the person visits an
organization operating under Subchapter K, Chapter 81.
SECTION 4. 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. 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. For purposes of this section, an offense is
committed before the effective date of this Act if any element of
the offense occurs before that date.
SECTION 5. This Act takes effect September 1, 2017.