Texas 2023 - 88th Regular

Texas House Bill HB1403 Compare Versions

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1	1	88R3641 KKR-F
2	2	By: Moody H.B. No. 1403
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 hospital
8	8	districts of disease control pilot 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. This Act shall be cited as the Honorable Ruth
12	12	Jones McClendon Act.
13	13	SECTION 2. The legislature finds that because drug abuse
14	14	has been a tragedy for many Texas families, providing individuals
15	15	who are addicted to drugs with education about and treatment for
16	16	addiction is imperative. Cooperation with community-based and
17	17	faith-based organizations creates a network of support for Texas
18	18	families and the opportunity to intervene in drug addiction.
19	19	Members of community-based and faith-based organizations have a
20	20	strong desire to compassionately preserve lives and help those
21	21	stricken with disease and drug addiction.
22	22	Allowing the operation of disease control pilot programs will
23	23	reduce the transmission of blood-borne diseases, including
24	24	HIV/AIDS, hepatitis B, and hepatitis C, and provide program
25	25	participants with referrals to appropriate health and social
26	26	services. A pilot program established under this Act may provide
27	27	necessary access to primary health care, ensure safe and sterile
28	28	disposal of used syringes and needles, and protect the public
29	29	health. Pilot program goals may include reduced rates of
30	30	intravenous drug use and a reduced number of injuries to innocent
31	31	victims, first responders, and law enforcement caused by needle
32	32	sticks from improperly disposed needles. Additionally, it is the
33	33	intent of the legislature for a pilot program to increase access to
34	34	substance abuse treatment services, increase the likelihood of
35	35	successful treatments for addiction, and protect the public health
36	36	and safety.
37	37	SECTION 3. Section 531.0972, Government Code, is amended to
38	38	read as follows:
39	39	Sec. 531.0972. PILOT PROGRAM TO PREVENT [THE] SPREAD OF
40	40	CERTAIN INFECTIOUS AND [OR] COMMUNICABLE DISEASES. The commission
41	41	may provide guidance to the counties and hospital districts in
42	42	those counties that establish [local health authority of Bexar
43	43	County in establishing] a disease control pilot program under
44	44	Subchapter K, Chapter 81, Health and Safety Code, [funded by the
45	45	county] to prevent the spread of HIV, hepatitis B, hepatitis C, and
46	46	other infectious and communicable diseases. Each [The] program may
47	47	include a disease control outreach strategy [program] that provides
48	48	for the anonymous exchange of used hypodermic needles and syringes.
49	49	SECTION 4. Chapter 81, Health and Safety Code, is amended by
50	50	adding Subchapter K to read as follows:
51	51	SUBCHAPTER K. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN INFECTIOUS
52	52	AND COMMUNICABLE DISEASES
53	53	Sec. 81.501. APPLICABILITY OF SUBCHAPTER. This subchapter
54	54	applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and
55	55	Webb Counties and hospital districts in those counties.
56	56	Sec. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county
57	57	or hospital district may establish a disease control pilot program
58	58	under this subchapter to prevent the spread of infectious and
59	59	communicable diseases, including HIV, hepatitis B, and hepatitis C.
60	60	The pilot program may include disease control outreach strategies
61	61	to:
62	62	(1) provide for the anonymous exchange of used
63	63	hypodermic needles and syringes for an equal number of new
64	64	hypodermic needles and syringes;
65	65	(2) offer education on the transmission and prevention
66	66	of infectious and communicable diseases, including HIV, hepatitis
67	67	B, and hepatitis C; and
68	68	(3) assist program participants in obtaining health
69	69	care and other physical and mental health-related services,
70	70	including substance abuse treatment services and blood-borne
71	71	disease testing.
72	72	(b) A county or hospital district may register an
73	73	organization to operate the disease control pilot program and
74	74	distribute hypodermic needles and syringes to control the spread of
75	75	certain infectious and blood-borne communicable diseases. The
76	76	county or hospital district may charge the organization a
77	77	registration fee in an amount reasonable and necessary to cover the
78	78	costs of registration oversight, including coordination with law
79	79	enforcement personnel.
80	80	(c) A registered organization may charge a program
81	81	participant a fee for each hypodermic needle or syringe used in the
82	82	program not to exceed 150 percent of the actual cost to the
83	83	organization of the hypodermic needle or syringe.
84	84	(d) A registered organization shall annually provide to the
85	85	department and the county or hospital district that registered the
86	86	organization information on:
87	87	(1) the effectiveness of the disease control pilot
88	88	program;
89	89	(2) the program's impact on reducing the spread of
90	90	infectious and communicable diseases, including HIV, hepatitis B,
91	91	and hepatitis C; and
92	92	(3) the program's effect on injected drug use by
93	93	individuals residing within 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. An
100	100	organization registered as provided by Section 81.502:
101	101	(1) shall store hypodermic needles and syringes in a
102	102	proper and secure manner and allow only authorized employees or
103	103	volunteers of the organization's disease control pilot program to
104	104	access the hypodermic needles and syringes;
105	105	(2) may include hypodermic needles and syringes in
106	106	packaged safe kits made available to program participants through
107	107	the program;
108	108	(3) may provide hypodermic needles and syringes and
109	109	safe kits to program participants only through an authorized
110	110	employee or volunteer of the program; and
111	111	(4) shall store and dispose of used hypodermic needles
112	112	and syringes in accordance with applicable state laws and
113	113	administrative rules governing the safe and proper disposal of
114	114	medical waste.
115	115	Sec. 81.505. FUNDING. Except to the extent specifically
116	116	prohibited by law, an organization registered to operate a disease
117	117	control pilot program as provided by Section 81.502 may solicit or
118	118	accept gifts, grants, or donations to fund the program.
119	119	Sec. 81.506. EXPIRATION. This subchapter expires September
120	120	1, 2033.
121	121	SECTION 5. Section 481.125, Health and Safety Code, is
122	122	amended by adding Subsections (j), (k), (l), and (m) to read as
123	123	follows:
124	124	(j) Subsections (a) and (b) do not apply to a person who
125	125	possesses or delivers a hypodermic needle or syringe for a medical
126	126	purpose. For the purposes of this subsection, "medical purpose"
127	127	includes the exchange of a hypodermic needle or syringe for a used
128	128	hypodermic needle or syringe in a disease control pilot program
129	129	described by Subchapter K, Chapter 81.
130	130	(k) Subsections (a) and (b) do not apply to a person who
131	131	possesses or manufactures hypodermic needles or syringes for
132	132	delivery to a disease control pilot program described by Subchapter
133	133	K, Chapter 81.
134	134	(l) Subsections (a) and (b) do not apply to a person who is
135	135	an employee, volunteer, duly authorized agent, or program
136	136	participant of a disease control pilot program described by
137	137	Subchapter K, Chapter 81, and uses, possesses, or delivers a
138	138	hypodermic needle or syringe as part of the program.
139	139	(m) This subsection and Subsections (j), (k), and (l) expire
140	140	September 1, 2033.
141	141	SECTION 6. The change to Section 481.125, Health and Safety
142	142	Code, made by this Act applies only to an offense committed on or
143	143	after the effective date of this Act. An offense committed before
144	144	the effective date of this Act is governed by the law in effect when
145	145	the offense was committed, and the former law is continued in effect
146	146	for that purpose. For purposes of this section, an offense is
147	147	committed before the effective date of this Act if any element of
148	148	the offense occurs before the effective date.
149	149	SECTION 7. This Act takes effect September 1, 2023.