Bill Text: TX HB3256 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: 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.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2017-05-11 - Placed on General State Calendar [HB3256 Detail]
Download: Texas-2017-HB3256-Comm_Sub.html
85R13195 KKR-F | ||
By: Rose, Wu, Zerwas, Rodriguez of Bexar, | H.B. No. 3256 | |
Hinojosa |
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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 that | ||
individuals addicted to drugs 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 that the pilot program will 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 [ |
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CERTAIN INFECTIOUS AND [ |
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may provide guidance to the counties and hospital districts in | ||
those counties that establish [ |
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81, Health and Safety Code, [ |
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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 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 authorize an organization to 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) As part of the pilot program under Subsection (a), a | ||
county or hospital district by order or similar measure may | ||
authorize an organization to register with the county or hospital | ||
district to distribute hypodermic needles and syringes for the | ||
purpose of controlling the spread of certain bloodborne | ||
communicable diseases. The county or hospital district may charge | ||
a reasonable fee for registration under this subchapter to pay for | ||
oversight functions, including coordination with law enforcement | ||
personnel. | ||
(c) An organization operating a disease control pilot | ||
program authorized by this subchapter 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 of the | ||
hypodermic needle or syringe. | ||
(d) An organization operating a disease control pilot | ||
program authorized by this subchapter shall annually provide the | ||
department and the county or hospital district authorizing the | ||
program with information on: | ||
(1) the effectiveness of the program; | ||
(2) the program's impact on reducing the spread of | ||
communicable diseases, including HIV, hepatitis B, and hepatitis C; | ||
and | ||
(3) the program's effect on injected drug use in the | ||
area served by 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) An | ||
organization operating a disease control pilot program authorized | ||
by this subchapter shall store hypodermic needles and syringes in a | ||
proper and secure manner. Only authorized employees or volunteers | ||
of the program may have access to the hypodermic needles and | ||
syringes. The hypodermic needles and syringes may be included in | ||
packaged safe kits made available to program clients through the | ||
program. Program clients may obtain hypodermic needles and | ||
syringes and safe kits only from an authorized employee or | ||
volunteer of the program. | ||
(b) An organization operating a disease control pilot | ||
program authorized by this subchapter 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, an organization 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, 2027. | ||
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 participant 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, 2017. |