86R1575 KKR-F
By: Rose H.B. No. 746
A BILL TO BE ENTITLED
AN ACT
relating to the establishment by certain counties and hospital
districts of disease control pilot 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. The legislature finds that because drug abuse
has been a tragedy for many Texas families, it is imperative for
individuals addicted to drugs to receive education about and
treatment for addiction. Cooperation 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, including
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 needles. Additionally, it is the intent of the
legislature for the pilot program to 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 AND [OR] COMMUNICABLE DISEASES. The commission
may provide guidance to the counties and hospital districts in
those counties 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 3. Chapter 81, Health and Safety Code, is amended by
adding Subchapter K to read as follows:
SUBCHAPTER K. PILOT PROGRAM TO REDUCE RISK OF CERTAIN INFECTIOUS
AND COMMUNICABLE DISEASES
Sec. 81.501. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to Bexar, Dallas, Harris, and Travis Counties and
hospital districts in those counties.
Sec. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county
or hospital district may 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 infectious and 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) A county or hospital district may register an
organization to operate the disease control pilot program and
distribute hypodermic needles and syringes to control the spread of
certain bloodborne communicable diseases. The county or hospital
district may charge a registration fee in an amount reasonable and
necessary to cover the costs of registration oversight, including
coordination with law enforcement personnel.
(c) A registered organization 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 to the
organization of the hypodermic needle or syringe.
(d) A registered organization shall annually provide to the
department and the county or hospital district with which the
organization is registered information on:
(1) the effectiveness of the program;
(2) the program's impact on reducing the spread of
infectious and communicable diseases, including HIV, hepatitis B,
and hepatitis C; and
(3) the program's effect on injected drug use in the
county or hospital district.
Sec. 81.503. 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. 81.504. HANDLING OF NEEDLES AND SYRINGES. A
registered organization:
(1) shall store hypodermic needles and syringes in a
proper and secure manner and allow only authorized employees or
volunteers of the organization's disease control pilot program to
access the hypodermic needles and syringes;
(2) may include hypodermic needles and syringes in
packaged safe kits made available to program clients through the
program;
(3) may provide hypodermic needles and syringes and
safe kits to program clients only through an authorized employee or
volunteer of the program; and
(4) 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. 81.505. FUNDING. Except to the extent specifically
prohibited by law, a registered organization operating a disease
control pilot program may solicit or accept gifts, grants, or
donations to fund a disease control pilot program under Section
81.502(a).
Sec. 81.506. EXPIRATION. This subchapter expires September
1, 2029.
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 K, 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 K, Chapter
81.
(i) Subsections (a) and (b) do not apply to a person who is
an employee, volunteer, duly authorized agent, or program client of
a disease control pilot program described by Subchapter K, Chapter
81, and uses, possesses, or delivers a hypodermic needle or syringe
as part of the program.
SECTION 5. 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 the effective date.
SECTION 6. This Act takes effect September 1, 2019.