Texas 2019 - 86th Regular

Texas Senate Bill SB2205 Compare Versions

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

Old	New	Differences
1	1	2019S0379-1 03/07/19
2	2	By: Rodríguez S.B. No. 2205
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to programs established to eliminate injection-associated
8	8	infectious diseases; providing certain civil and criminal
9	9	immunity.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act shall be known as the Texas
12	12	Injection-Associated Infectious Disease Elimination (IDEA) Act.
13	13	SECTION 2. (a) In this section, "HIV" means human
14	14	immunodeficiency virus.
15	15	(b) The legislature finds that:
16	16	(1) persons of all ages who do not misuse, abuse, or
17	17	inject heroin, opioids, or other drugs may nevertheless be exposed
18	18	to and contract injection-associated infectious diseases,
19	19	including HIV and the hepatitis C virus;
20	20	(2) heroin drug use is at a 20-year high and in the
21	21	last 10 years its use has more than doubled in young adults aged 18
22	22	to 25;
23	23	(3) prescription opioid misuse and abuse has led to
24	24	increased numbers of people who inject drugs, increasing the risk
25	25	of HIV to new populations;
26	26	(4) rural and nonurban areas with limited HIV and
27	27	hepatitis C virus prevention and treatment services and substance
28	28	use disorder treatment services, traditionally areas at low risk
29	29	for HIV and hepatitis C virus, have been disproportionately
30	30	affected;
31	31	(5) Texas had 4,364 newly diagnosed cases of HIV in
32	32	2017, bringing the total living with HIV in Texas to 90,700;
33	33	infection from injection drug use accounts for 8.5 percent of all
34	34	cases of HIV in Texas;
35	35	(6) cases of acute hepatitis C virus in Texas
36	36	increased by 100 percent in the period from 2009 to 2013, and 60
37	37	percent of those cases were attributable to injection drug use;
38	38	(7) drug overdose deaths in Texas increased by 274
39	39	percent from 1999 to 2017, with a likelihood that many deaths were
40	40	underreported due to a lack of training and resources in rural and
41	41	nonurban areas;
42	42	(8) the lifetime treatment cost of an HIV patient is
43	43	conservatively estimated at $380,000;
44	44	(9) the current cost to effectively treat hepatitis C
45	45	virus is up to $95,000; and
46	46	(10) injection-associated infectious diseases such as
47	47	HIV and the hepatitis C virus can also be contracted accidentally by
48	48	health care providers, law enforcement officers, first responders,
49	49	other emergency personnel, and members of the general public
50	50	through a needlestick or other sharps injury or exposure to blood or
51	51	bodily fluids.
52	52	SECTION 3. Chapter 81, Health and Safety Code, is amended by
53	53	adding Subchapter K to read as follows:
54	54	SUBCHAPTER K. ELIMINATION OF INJECTION-ASSOCIATED DISEASES
55	55	Sec. 81.501. DEFINITIONS. In this subchapter:
56	56	(1) "Controlled substance" has the meaning assigned by
57	57	Section 481.002.
58	58	(2) "HIV" means human immunodeficiency virus.
59	59	(3) "Individual who injects drugs" means an individual
60	60	who uses a syringe or hypodermic needle to inject a controlled
61	61	substance into the individual's own body.
62	62	(4) "Infectious disease" means disease that may be
63	63	spread by intentional or unintentional needlesticks, including HIV
64	64	and the hepatitis C virus.
65	65	(5) "Local health unit" has the meaning assigned by
66	66	Section 121.004.
67	67	(6) "Program" means an injection-associated
68	68	infectious disease elimination program established under this
69	69	subchapter.
70	70	Sec. 81.502. INJECTION-ASSOCIATED INFECTIOUS DISEASE
71	71	PROGRAMS. (a) The department or a local health unit, in
72	72	conjunction with an organization that promotes scientifically
73	73	proven ways of mitigating risks associated with the use of
74	74	controlled substances, may establish and operate an
75	75	injection-associated infectious disease elimination program.
76	76	(b) The mission of a program is to:
77	77	(1) reduce the spread of HIV, the hepatitis C virus,
78	78	and other injection-associated infectious diseases;
79	79	(2) reduce needlestick injuries to health care
80	80	providers, law enforcement officers, first responders, other
81	81	emergency personnel, and the general public; and
82	82	(3) encourage individuals who inject drugs to enroll
83	83	in evidence-based treatment for substance use disorder.
84	84	(c) A program established under this subchapter must do the
85	85	following:
86	86	(1) safely dispose of used needles, hypodermic
87	87	syringes, and other injection supplies;
88	88	(2) provide needles, hypodermic syringes, and other
89	89	injection supplies at no cost and in quantities sufficient to
90	90	discourage the sharing or use of needles, hypodermic syringes, or
91	91	other injection supplies;
92	92	(3) provide educational materials on the following
93	93	subjects:
94	94	(A) overdose prevention and response;
95	95	(B) prevention of infectious diseases;
96	96	(C) drug abuse prevention; and
97	97	(D) treatment for mental illness or substance
98	98	abuse, including providing treatment referrals;
99	99	(4) provide access to kits that contain naloxone
100	100	hydrochloride, or a chemical equivalent that is approved by the
101	101	federal Food and Drug Administration, for the treatment of a drug
102	102	overdose or provide referrals to programs that provide access to
103	103	such medications;
104	104	(5) provide personal consultations for individuals
105	105	seeking assistance by a program employee or volunteer concerning
106	106	mental health or substance use disorder treatment, as appropriate;
107	107	(6) encourage each individual who injects drugs to
108	108	seek appropriate medical, mental health, or social services;
109	109	(7) use a record keeping system that ensures that the
110	110	identity of each individual who injects drugs remains anonymous;
111	111	(8) notify appropriate local law enforcement agencies
112	112	about the program, including information on the limited immunity
113	113	from criminal liability granted by Section 81.504;
114	114	(9) provide an identification card to each individual
115	115	served by the program identifying them as a participant of the
116	116	program, which shall serve as proof of the limited immunity from
117	117	criminal liability granted under Section 81.504;
118	118	(10) provide emergency medical care or referrals to
119	119	program participants in need of immediate medical attention; and
120	120	(11) comply with applicable state and federal rules
121	121	and regulations governing participant confidentiality.
122	122	Sec. 81.503. NOTIFICATION OF PROGRAM. (a) Before a
123	123	program may be established, notification must be provided to the
124	124	following interested parties in the area to be served by the
125	125	program:
126	126	(1) local law enforcement agencies;
127	127	(2) local prosecutors;
128	128	(3) representatives of substance use disorder
129	129	treatment facilities certified by the department;
130	130	(4) individuals who inject drugs and individuals in
131	131	recovery from substance use disorder;
132	132	(5) nonprofit organizations whose primary purpose is
133	133	education on or mitigation of HIV, the hepatitis C virus, substance
134	134	use disorder, or mental health; and
135	135	(6) residents of the geographical area to be served by
136	136	the program.
137	137	(b) When consulting with interested parties, the program is
138	138	encouraged to consider:
139	139	(1) the population to be served;
140	140	(2) the concerns of local law enforcement agencies and
141	141	prosecutors; and
142	142	(3) the day-to-day administration of the program,
143	143	including the need for security of program sites, equipment,
144	144	personnel, and volunteers.
145	145	Sec. 81.504. LIMITED IMMUNITY. (a) An individual who
146	146	injects drugs and who is an active participant in a program is
147	147	granted limited immunity from and shall not be subject to criminal
148	148	liability under Subchapter D, Chapter 481. The limited immunity
149	149	provided in this section applies to an individual who injects drugs
150	150	and who is an active program participant only if:
151	151	(1) the individual claiming immunity possesses the
152	152	program identification card provided in accordance with Section
153	153	81.502(c)(9); or
154	154	(2) program personnel can otherwise confirm an
155	155	individual's participant status in response to charges related to
156	156	or resulting from their participation in the program.
157	157	(b) The limited immunity in Subsection (a) shall apply to a
158	158	needle, hypodermic syringe, or other injection supply obtained
159	159	from, or to a used needle or hypodermic syringe containing residual
160	160	amounts of a controlled substance being returned for disposal to, a
161	161	program established under this subchapter.
162	162	(c) In addition to any other applicable immunity from civil
163	163	liability, a law enforcement officer who arrests or charges a
164	164	person who is later determined to be entitled to immunity from
165	165	prosecution under Subsection (a) is not subject to civil liability
166	166	for the arrest or filing of charges against the person.
167	167	(d) Any person or entity contributing funds or providing
168	168	assistance, consultations, emergency care, referrals, needles,
169	169	hypodermic syringes, or other injection supplies, or any other
170	170	materials or service, including providing educational materials or
171	171	naloxone kits, for the benefit of the program shall be immune from
172	172	civil and criminal liability as a result of such participation with
173	173	or contributions to the program.
174	174	(e) The limited immunity, including limited vicarious
175	175	liability, provided in this section shall also extend to the
176	176	members of any local health unit establishing, sponsoring,
177	177	operating, or administering a program. Immunity under this section
178	178	shall be provided to and for any employees, officers, agents of the
179	179	state, persons, and entities described in this subchapter for
180	180	personal injury, damage to or loss of property, or other civil
181	181	liability caused by or arising out of, or relating to, an actual or
182	182	alleged act, error, or omission that occurred, or that the
183	183	employee, officer, agent of the state, person, or entity had a
184	184	reasonable basis for believing occurred, in relation to or in
185	185	conjunction with the program.
186	186	(f) Nothing in this section shall impair or otherwise limit
187	187	any other immunity of any person or entity under constitutional,
188	188	statutory, or common law.
189	189	Sec. 81.505. REPORT. Not later than December 1 of each year
190	190	that a program exists, each local health unit sponsoring,
191	191	operating, or administering a program shall report the following to
192	192	the department:
193	193	(1) the number of individuals served by the program;
194	194	(2) the number of needles, hypodermic syringes, and
195	195	other injection supplies dispensed by and returned to the program;
196	196	(3) the number of naloxone kits distributed by the
197	197	program;
198	198	(4) the number of service referrals provided to
199	199	individuals served by the program, by type of treatment, including
200	200	a separate report on the number of individuals referred to programs
201	201	that provide access to naloxone hydrochloride, or a chemical
202	202	equivalent that is approved by the federal Food and Drug
203	203	Administration, for the treatment of an overdose; and
204	204	(5) the number and type of medical, mental health, and
205	205	social services referrals provided to individuals served by the
206	206	program.
207	207	SECTION 4. This Act takes effect September 1, 2019.