Bill Text: TX HB1722 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the establishment by certain counties and municipalities of disease control programs to reduce the risk of certain infectious and communicable diseases; authorizing fees.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2019-05-09 - Placed on General State Calendar [HB1722 Detail]
Download: Texas-2019-HB1722-Comm_Sub.html
86R19438 KKR-F | |||
By: Coleman, Wu | H.B. No. 1722 | ||
Substitute the following for H.B. No. 1722: | |||
By: Dominguez | C.S.H.B. No. 1722 |
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relating to the establishment by certain counties and | ||
municipalities of disease control 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. Section 531.0972, Government Code, is amended to | ||
read as follows: | ||
Sec. 531.0972. [ |
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CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The Department of | ||
State Health Services shall [ |
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the counties and municipalities that establish [ |
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Subchapter K, Chapter 81, Health and Safety Code, [ |
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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 2. Chapter 81, Health and Safety Code, is amended by | ||
adding Subchapter K to read as follows: | ||
SUBCHAPTER K. PROGRAM TO REDUCE RISK OF CERTAIN COMMUNICABLE | ||
DISEASES | ||
Sec. 81.501. DEFINITIONS. In this subchapter: | ||
(1) "Organization" means an entity authorized by a | ||
county or municipality to operate a program under this subchapter. | ||
(2) "Program" means a program established under this | ||
subchapter to control through needle exchange the spread of HIV, | ||
hepatitis B, hepatitis C, or other infectious and communicable | ||
diseases. | ||
Sec. 81.502. AUTHORITY TO ESTABLISH PROGRAM. (a) An | ||
organization may operate a program in a county or municipality in | ||
which a public health emergency described by Subsection (b) is | ||
declared by the commissioner. | ||
(b) The commissioner may declare a public health emergency | ||
in a county or municipality if a county or municipality | ||
demonstrates that: | ||
(1) HIV, hepatitis B, hepatitis C, or other infectious | ||
and communicable diseases exist in the county or municipality; | ||
(2) a cause of the transmission of HIV, hepatitis B, | ||
hepatitis C, or other infectious and communicable diseases is | ||
intravenous drug use; and | ||
(3) a needle exchange program is an appropriate | ||
component of a comprehensive response to the emergency. | ||
(c) To request the department declare a public health | ||
emergency, the commissioners court of a county or the governing | ||
body of a municipality shall: | ||
(1) conduct a public hearing and allow public | ||
testimony on HIV, hepatitis B, hepatitis C, or other infectious and | ||
communicable diseases in the county or municipality; | ||
(2) issue an order requesting the department to | ||
declare a public health emergency in the county or municipality | ||
with facts supporting the declaration; and | ||
(3) submit to the department an official request and | ||
supporting evidence for the department to declare a public health | ||
emergency in the county or municipality. | ||
(d) On receipt of a request by a county or municipality to | ||
declare a public health emergency under this subchapter, the | ||
commissioner shall: | ||
(1) approve, deny, or request additional information | ||
from the county or municipality concerning the request not later | ||
than the 10th day after the date the request is received by the | ||
department; or | ||
(2) if additional information is requested by the | ||
department, approve or deny a request not later than the 10th day | ||
after the additional information is received. | ||
(e) A public health emergency declared under this section | ||
remains in effect until the first anniversary of the date the | ||
emergency is declared. | ||
(f) The commissioner may extend a declaration of a public | ||
health emergency at the request of the county or municipality that | ||
is the subject of the declaration. | ||
Sec. 81.503. REGISTRATION REQUIRED. An organization shall | ||
register with the department and the county or municipality in | ||
which the organization is applying to operate a program to | ||
distribute hypodermic needles and syringes for the purpose of | ||
controlling the spread of HIV, hepatitis B, hepatitis C, or other | ||
infectious and communicable diseases. The department, county, or | ||
municipality may charge a reasonable fee for registration under | ||
this subchapter to pay for oversight functions, including | ||
coordination with law enforcement personnel. | ||
Sec. 81.504. PROGRAM OPERATION. A qualified organization | ||
that is registered to provide a program in a county or municipality | ||
shall: | ||
(1) operate the program in a manner consistent with | ||
public health and safety and under the supervision of a physician, | ||
physician assistant, or nurse licensed to practice in this state; | ||
(2) ensure the program is appropriate and part of a | ||
comprehensive public health response; | ||
(3) provide for the anonymous exchange of used | ||
hypodermic needles and syringes for an equal number of new | ||
hypodermic needles and syringes; and | ||
(4) provide: | ||
(A) education and training on responding to and | ||
treating a drug overdose, including the administration of an | ||
overdose intervention drug; | ||
(B) information on options for drug | ||
rehabilitation treatment; and | ||
(C) assistance to program participants with | ||
obtaining drug rehabilitation treatment, including treatment | ||
programs located in the county or municipality in which the program | ||
operates and treatment programs that offer medication-assisted | ||
treatment using a medication that is: | ||
(i) approved by the United States Food and | ||
Drug Administration for use in opioid or alcohol dependence | ||
treatment; and | ||
(ii) long-acting and nonaddictive. | ||
Sec. 81.505. DISTRIBUTION OF NEEDLES AND SYRINGES TO | ||
PROGRAM. A person licensed as a wholesale drug distributor or | ||
device distributor under Chapter 431 may distribute hypodermic | ||
needles and syringes to a program authorized by this subchapter. | ||
Sec. 81.506. HANDLING OF NEEDLES AND SYRINGES. (a) An | ||
organization operating a 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 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. 81.507. REQUIRED REPORTING BY ORGANIZATION. (a) An | ||
organization operating a program under this subchapter shall submit | ||
to the department a quarterly report that provides: | ||
(1) the number of individuals served by the | ||
organization each day; | ||
(2) the number of hypodermic needles and syringes | ||
collected by the organization each day; | ||
(3) the number of hypodermic needles and syringes | ||
distributed by the organization each day; and | ||
(4) other information the department determines | ||
necessary. | ||
(b) The information required under Subsection (a) must | ||
include the zip code of each location where the program distributed | ||
or collected hypodermic needles and syringes. | ||
Sec. 81.508. REVOCATION. If an organization fails to | ||
comply with the requirements of this subchapter, the commissioners | ||
court of the county or the governing body of the municipality in | ||
which the organization is operating or the department may revoke | ||
the organization's registration and authorization to operate a | ||
program. | ||
Sec. 81.509. USE OF STATE FUNDS. State funds may not be | ||
used to purchase hypodermic needles or syringes under this | ||
subchapter. | ||
Sec. 81.510. DEPARTMENT REPORT. The department shall | ||
annually submit to the legislature a report on: | ||
(1) the effectiveness of the program; | ||
(2) the program's impact on reducing the spread of HIV, | ||
hepatitis B, hepatitis C, and other infectious and communicable | ||
diseases; and | ||
(3) the program's effect on intravenous drug use in the | ||
area served by the county or municipality. | ||
SECTION 3. Section 481.125, Health and Safety Code, is | ||
amended by adding Subsections (g), (h), (i), and (j) 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 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 | ||
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 | ||
program described by Subchapter K, Chapter 81, and uses, possesses, | ||
or delivers a hypodermic needle or syringe as part of the program. | ||
(j) A peace officer may not stop, search, or seize a person | ||
or base probable cause solely because the person visits an | ||
organization operating under Subchapter K, Chapter 81. | ||
SECTION 4. 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 on | ||
the date 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 that date. | ||
SECTION 5. This Act takes effect September 1, 2019. |