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A BILL TO BE ENTITLED
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AN ACT
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relating to disease control pilot programs to reduce the risk of |
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certain communicable diseases; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that because drug abuse |
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has been a tragedy for many Texas families, it is imperative that |
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individuals addicted to drugs receive education and treatment for |
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addiction. Working with community-based and faith-based |
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organizations creates a network of support for Texas families and |
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the opportunity to intervene in drug addiction. Members of |
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community-based and faith-based organizations have a strong desire |
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to compassionately work to preserve lives and offer help to those |
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stricken with disease and drug addiction. |
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Allowing for the operation of disease control pilot programs |
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will reduce the transmission of bloodborne diseases, such as |
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HIV/AIDS, hepatitis B, and hepatitis C, and provide clients with |
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referrals to appropriate health and social services. A pilot |
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program created under this Act may provide necessary access to |
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primary health care, ensure safe and sterile disposal of used |
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syringes and needles, and protect the public health. In addition, |
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pilot program goals may include reduced rates of intravenous drug |
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use and a reduced number of injuries to innocent victims, first |
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responders, and law enforcement caused by needle sticks from |
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improperly disposed-of needles. Additionally, it is the intent of |
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the legislature that the pilot program will increase access to drug |
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treatment centers, increase the likelihood of successful |
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treatments for addiction, and protect the public health and safety. |
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SECTION 2. Section 531.0972, Government Code, is amended to |
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read as follows: |
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Sec. 531.0972. PILOT PROGRAM TO PREVENT THE SPREAD OF |
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CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The commission may |
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provide guidance to the counties and the hospital districts in |
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those counties that establish [the local health authority of Bexar
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County in establishing] a pilot program under Subchapter J, Chapter |
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81, Health and Safety Code, [funded by the county] to prevent the |
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spread of HIV, hepatitis B, hepatitis C, and other infectious and |
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communicable diseases. The program may include a disease control |
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program that provides for the anonymous exchange of used hypodermic |
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needles and syringes. |
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SECTION 3. Chapter 81, Health and Safety Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN |
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COMMUNICABLE DISEASES |
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Sec. 81.401. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and |
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Webb Counties and hospital districts in those counties. |
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Sec. 81.402. DISEASE CONTROL PILOT PROGRAMS. (a) A county |
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or hospital district may authorize an organization to establish a |
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disease control pilot program under this subchapter to prevent the |
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spread of HIV, hepatitis B, hepatitis C, and other infectious and |
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communicable diseases. The pilot program may include disease |
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control outreach programs that: |
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(1) provide for the anonymous exchange of used |
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hypodermic needles and syringes for an equal number of new |
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hypodermic needles and syringes; |
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(2) offer education on the transmission and prevention |
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of communicable diseases, including HIV, hepatitis B, and hepatitis |
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C; and |
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(3) assist program participants in obtaining health |
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care and other physical and mental health-related services, |
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including substance abuse treatment services and bloodborne |
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disease testing. |
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(b) As part of the pilot program under Subsection (a), a |
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county or hospital district by order or similar measure may |
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authorize an organization to register with the county or hospital |
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district to distribute hypodermic needles and syringes for the |
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purpose of controlling the spread of certain bloodborne |
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communicable diseases. The county or hospital district may charge a |
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reasonable fee for registration under this subchapter to pay for |
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oversight functions, including coordination with law enforcement |
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personnel. |
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(c) An organization operating a disease control pilot |
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program authorized by this subchapter may charge a participant in |
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the program a fee for each hypodermic needle or syringe used in the |
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program not to exceed 150 percent of the actual cost of the |
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hypodermic needle or syringe. |
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(d) An organization operating a disease control pilot |
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program authorized by this subchapter shall annually provide the |
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department and the county or hospital district authorizing the |
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program with information on: |
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(1) the effectiveness of the program; |
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(2) the program's impact on reducing the spread of |
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communicable diseases, including HIV, hepatitis B, and hepatitis C; |
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and |
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(3) the program's effect on injected drug use in the |
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area served by the county or hospital district. |
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Sec. 81.403. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT |
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PROGRAM. A person licensed as a wholesale drug distributor or |
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device distributor under Chapter 431 may distribute hypodermic |
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needles and syringes to a disease control pilot program authorized |
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by this subchapter. |
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Sec. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) An |
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organization operating a disease control pilot program shall store |
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hypodermic needles and syringes in a proper and secure manner. Only |
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authorized employees or volunteers of the program may have access |
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to the hypodermic needles and syringes. The hypodermic needles and |
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syringes may be included in packaged safe kits made available to |
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program clients through the program. Program clients may obtain |
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hypodermic needles and syringes and safe kits only from an |
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authorized employee or volunteer of the program. |
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(b) An organization operating a disease control pilot |
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program authorized by this subchapter shall store and dispose of |
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used hypodermic needles and syringes in accordance with applicable |
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state laws and administrative rules governing the safe and proper |
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disposal of medical waste. |
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Sec. 81.405. FUNDING. Except to the extent specifically |
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prohibited by law, an organization may solicit or accept gifts, |
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grants, or donations to fund a disease control pilot program under |
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Section 81.402(a). |
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Sec. 81.406. EXPIRATION. This subchapter expires September |
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1, 2025. |
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SECTION 4. Section 481.125, Health and Safety Code, is |
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amended by adding Subsections (g), (h), and (i) to read as follows: |
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(g) Subsections (a) and (b) do not apply to a person who |
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dispenses or delivers a hypodermic needle or syringe for a medical |
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purpose. For the purposes of this subsection, "medical purpose" |
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includes the exchange of a hypodermic needle or syringe for a used |
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hypodermic needle or syringe in a disease control pilot program |
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described by Subchapter J, Chapter 81. |
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(h) Subsections (a) and (b) do not apply to a person who |
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manufactures hypodermic needles or syringes for delivery to a |
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disease control pilot program described by Subchapter J, Chapter |
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81. |
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(i) Subsections (a) and (b) do not apply to a person who is |
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an employee, volunteer, duly authorized agent, or participant of a |
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disease control pilot program described by Subchapter J, Chapter |
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81, and uses, possesses, or delivers a hypodermic needle or syringe |
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as part of the program. |
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SECTION 5. (a) The change to Section 481.125, Health and |
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Safety Code, made by this Act applies only to an offense committed |
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on or after the effective date of this Act. For purposes of this |
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section, an offense is committed before the effective date of this |
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Act if any element of the offense occurs before the effective date. |
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(b) An offense committed before the effective date of this |
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Act is governed by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2015. |