Texas 2017 - 85th Regular

Texas Senate Bill SB1601 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R9229 KKR-F
2	2	By: Miles S.B. No. 1601
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment by certain counties and
8	8	municipalities of disease control programs to reduce the risk of
9	9	certain infectious and communicable diseases; authorizing fees.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 531.0972, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 531.0972. [PILOT] PROGRAM TO PREVENT [THE] SPREAD OF
14	14	CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The Department of
15	15	State Health Services [commission] may provide guidance to the
16	16	counties and municipalities that establish [local health authority
17	17	of Bexar County in establishing] a [pilot] program under Subchapter
18	18	K, Chapter 81, Health and Safety Code, [funded by the county] to
19	19	prevent the spread of HIV, hepatitis B, hepatitis C, and other
20	20	infectious and communicable diseases. The program may include a
21	21	disease control program that provides for the anonymous exchange of
22	22	used hypodermic needles and syringes.
23	23	SECTION 2. Chapter 81, Health and Safety Code, is amended by
24	24	adding Subchapter K to read as follows:
25	25	SUBCHAPTER K. PROGRAM TO REDUCE RISK OF CERTAIN COMMUNICABLE
26	26	DISEASES
27	27	Sec. 81.501. DEFINITIONS. In this subchapter:
28	28	(1) "Organization" means an entity authorized by a
29	29	county or municipality to operate a program under this subchapter.
30	30	(2) "Program" means a program established under this
31	31	subchapter to control through needle exchange the spread of HIV,
32	32	hepatitis B, hepatitis C, or other infectious and communicable
33	33	diseases.
34	34	Sec. 81.502. AUTHORITY TO ESTABLISH PROGRAM. (a) An
35	35	organization may operate a program in a county or municipality in
36	36	which a public health emergency described by Subsection (b) is
37	37	declared by the commissioner.
38	38	(b) The commissioner may declare a public health emergency
39	39	in a county or municipality if a county or municipality
40	40	demonstrates that:
41	41	(1) an epidemic of HIV, hepatitis B, hepatitis C, or
42	42	other infectious and communicable diseases exists in the county or
43	43	municipality;
44	44	(2) the primary cause of the transmission of HIV,
45	45	hepatitis B, hepatitis C, or other infectious and communicable
46	46	diseases is intravenous drug use;
47	47	(3) other measures used to control the epidemic are
48	48	unsuccessful; and
49	49	(4) a needle exchange program is a medically
50	50	appropriate component of a comprehensive response to the epidemic.
51	51	(c) To request the department declare a public health
52	52	emergency, the commissioners court of a county or the governing
53	53	body of a municipality shall:
54	54	(1) conduct a public hearing and allow public
55	55	testimony on HIV, hepatitis B, hepatitis C, or other infectious and
56	56	communicable diseases in the county or municipality;
57	57	(2) issue an order requesting the department to
58	58	declare a public health emergency in the county or municipality
59	59	with facts supporting the declaration; and
60	60	(3) submit to the department an official request and
61	61	supporting evidence for the department to declare a public health
62	62	emergency in the county or municipality.
63	63	(d) On receipt of a request by a county or municipality to
64	64	declare a public health emergency under this subchapter, the
65	65	commissioner shall:
66	66	(1) approve, deny, or request additional information
67	67	from the county or municipality concerning the request not later
68	68	than the 10th day after the date the request is received by the
69	69	department; or
70	70	(2) if additional information is requested by the
71	71	department, approve or deny a request not later than the 10th day
72	72	after the additional information is received.
73	73	(e) A public health emergency declared under this section
74	74	remains in effect until the first anniversary of the date the
75	75	emergency is declared.
76	76	(f) The commissioner may extend a declaration of a public
77	77	health emergency at the request of the county or municipality that
78	78	is the subject of the declaration.
79	79	Sec. 81.503. REGISTRATION REQUIRED. An organization shall
80	80	register with the department and the county or municipality in
81	81	which the organization is applying to operate a program to
82	82	distribute hypodermic needles and syringes for the purpose of
83	83	controlling the spread of HIV, hepatitis B, hepatitis C, or other
84	84	infectious and communicable diseases. The department, county, or
85	85	municipality may charge a reasonable fee for registration under
86	86	this subchapter to pay for oversight functions, including
87	87	coordination with law enforcement personnel.
88	88	Sec. 81.504. PROGRAM OPERATION. A qualified organization
89	89	that is registered to provide a program in a county or municipality
90	90	shall:
91	91	(1) operate the program in a manner consistent with
92	92	public health and safety and under the supervision of a physician,
93	93	physician assistant, or nurse licensed to practice in this state;
94	94	(2) ensure the program is medically appropriate and
95	95	part of a comprehensive public health response;
96	96	(3) provide for the anonymous exchange of used
97	97	hypodermic needles and syringes for an equal number of new
98	98	hypodermic needles and syringes; and
99	99	(4) provide:
100	100	(A) education and training on responding to and
101	101	treating a drug overdose, including the administration of an
102	102	overdose intervention drug;
103	103	(B) information on options for drug
104	104	rehabilitation treatment; and
105	105	(C) assistance to program participants with
106	106	obtaining drug rehabilitation treatment, including treatment
107	107	programs located in the county or municipality in which the program
108	108	operates and treatment programs that offer medication-assisted
109	109	treatment using a medication that is:
110	110	(i) approved by the United States Food and
111	111	Drug Administration for use in opioid or alcohol dependence
112	112	treatment; and
113	113	(ii) long-acting and nonaddictive.
114	114	Sec. 81.505. DISTRIBUTION OF NEEDLES AND SYRINGES TO
115	115	PROGRAM. A person licensed as a wholesale drug distributor or
116	116	device distributor under Chapter 431 may distribute hypodermic
117	117	needles and syringes to a program authorized by this subchapter.
118	118	Sec. 81.506. HANDLING OF NEEDLES AND SYRINGES. (a) An
119	119	organization operating a program authorized by this subchapter
120	120	shall store hypodermic needles and syringes in a proper and secure
121	121	manner. Only authorized employees or volunteers of the program may
122	122	have access to the hypodermic needles and syringes. The hypodermic
123	123	needles and syringes may be included in packaged safe kits made
124	124	available to program clients through the program. Program clients
125	125	may obtain hypodermic needles and syringes and safe kits only from
126	126	an authorized employee or volunteer of the program.
127	127	(b) An organization operating a program authorized by this
128	128	subchapter shall store and dispose of used hypodermic needles and
129	129	syringes in accordance with applicable state laws and
130	130	administrative rules governing the safe and proper disposal of
131	131	medical waste.
132	132	Sec. 81.507. REQUIRED REPORTING BY ORGANIZATION. (a) An
133	133	organization operating a program under this subchapter shall submit
134	134	to the department a quarterly report that provides:
135	135	(1) the number of individuals served by the
136	136	organization each day;
137	137	(2) the number of hypodermic needles and syringes
138	138	collected by the organization each day;
139	139	(3) the number of hypodermic needles and syringes
140	140	distributed by the organization each day; and
141	141	(4) other information the department determines
142	142	necessary.
143	143	(b) The information required under Subsection (a) must
144	144	include the zip code of each location where the program distributed
145	145	or collected hypodermic needles and syringes.
146	146	Sec. 81.508. REVOCATION. If an organization fails to
147	147	comply with the requirements of this subchapter, the commissioners
148	148	court of the county or the governing body of the municipality in
149	149	which the organization is operating or the department may revoke
150	150	the organization's registration and authorization to operate a
151	151	program.
152	152	Sec. 81.509. USE OF STATE FUNDS. State funds may not be
153	153	used to purchase hypodermic needles or syringes under this
154	154	subchapter.
155	155	Sec. 81.510. DEPARTMENT REPORT. The department shall
156	156	annually submit to the legislature a report on:
157	157	(1) the effectiveness of the program;
158	158	(2) the program's impact on reducing the spread of HIV,
159	159	hepatitis B, hepatitis C, and other infectious and communicable
160	160	diseases; and
161	161	(3) the program's effect on intravenous drug use in the
162	162	area served by the county or municipality.
163	163	SECTION 3. Section 481.125, Health and Safety Code, is
164	164	amended by adding Subsections (g), (h), (i), and (j) to read as
165	165	follows:
166	166	(g) Subsections (a) and (b) do not apply to a person who
167	167	dispenses or delivers a hypodermic needle or syringe for a medical
168	168	purpose. For the purposes of this subsection, "medical purpose"
169	169	includes the exchange of a hypodermic needle or syringe for a used
170	170	hypodermic needle or syringe in a program described by Subchapter
171	171	K, Chapter 81.
172	172	(h) Subsections (a) and (b) do not apply to a person who
173	173	manufactures hypodermic needles or syringes for delivery to a
174	174	program described by Subchapter K, Chapter 81.
175	175	(i) Subsections (a) and (b) do not apply to a person who is
176	176	an employee, volunteer, duly authorized agent, or participant of a
177	177	program described by Subchapter K, Chapter 81, and uses, possesses,
178	178	or delivers a hypodermic needle or syringe as part of the program.
179	179	(j) A peace officer may not stop, search, or seize a person
180	180	or base probable cause solely because the person visits an
181	181	organization operating under Subchapter K, Chapter 81.
182	182	SECTION 4. The change to Section 481.125, Health and Safety
183	183	Code, made by this Act applies only to an offense committed on or
184	184	after the effective date of this Act. An offense committed before
185	185	the effective date of this Act is governed by the law in effect when
186	186	the offense was committed, and the former law is continued in effect
187	187	for that purpose. For purposes of this section, an offense is
188	188	committed before the effective date of this Act if any element of
189	189	the offense occurs before that date.
190	190	SECTION 5. This Act takes effect September 1, 2017.