Bill Text: TX HB3238 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to disease control pilot programs to reduce the risk of certain communicable diseases; authorizing a fee.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2013-05-03 - Statement(s) of vote recorded in Journal [HB3238 Detail]
Download: Texas-2013-HB3238-Comm_Sub.html
83R13651 SCL-F | |||
By: McClendon, Naishtat, Coleman, | H.B. No. 3238 | ||
J. Davis of Harris, Zerwas | |||
Substitute the following for H.B. No. 3238: | |||
By: Farias | C.S.H.B. No. 3238 |
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relating to disease control pilot programs to reduce the risk of | ||
certain communicable diseases; authorizing a fee. | ||
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 and treatment for | ||
addiction. Working 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, such as | ||
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 due to needle sticks from | ||
improperly disposed-of needles. Additionally, it is the intent of | ||
the legislature that there will be increased access to drug | ||
treatment centers, an increased likelihood of successful treatment | ||
for addiction, and increased protection of public health and | ||
safety. | ||
SECTION 2. Section 531.0972, Government Code, is amended to | ||
read as follows: | ||
Sec. 531.0972. PILOT PROGRAM TO PREVENT THE SPREAD OF | ||
CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The commission may | ||
provide guidance to the counties and the 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 J to read as follows: | ||
SUBCHAPTER J. PILOT PROGRAMS TO REDUCE RISK OF CERTAIN | ||
COMMUNICABLE DISEASES | ||
Sec. 81.401. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and | ||
Webb Counties and hospital districts in those counties. | ||
Sec. 81.402. DISEASE CONTROL PILOT PROGRAMS. (a) A county, | ||
a hospital district in the county, or an organization that | ||
contracts with a county or hospital district to operate a program | ||
under this subchapter may establish a disease control pilot program | ||
to prevent the spread of HIV, hepatitis B, hepatitis C, and other | ||
infectious and communicable diseases. The 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 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) A county, hospital district, or other 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. | ||
(c) A county, hospital district, or other organization | ||
operating a disease control pilot program authorized by this | ||
subchapter shall annually provide the department 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. 81.403. 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. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) In | ||
this section, "safe kit" means a package given by a disease control | ||
pilot program to a program participant that may include: | ||
(1) alcohol swabs; | ||
(2) a condom; | ||
(3) cotton swabs; | ||
(4) a hypodermic needle or syringe; and | ||
(5) a tourniquet. | ||
(b) The operator of a disease control pilot program 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 safe kits made available | ||
through the program. Program clients may obtain hypodermic needles | ||
and syringes and safe kits only from an authorized employee or | ||
volunteer. | ||
(c) The operator of a disease control pilot program | ||
authorized by this subchapter shall store and dispose of used | ||
hypodermic needles and syringes in accordance with department rule. | ||
Sec. 81.405. FUNDING. (a) Except to the extent | ||
specifically prohibited by law, a county or hospital district may | ||
use public money to fund a disease control pilot program under | ||
Section 81.402(a). | ||
(b) Except to the extent specifically prohibited by law, a | ||
county or hospital district may solicit or accept gifts, grants, or | ||
donations to fund a disease control pilot program under Section | ||
81.402(a). | ||
Sec. 81.406. EXPIRATION. This subchapter expires on | ||
September 1, 2023. | ||
SECTION 4. Section 481.125, Health and Safety Code, is | ||
amended by adding Subsections (g), (h), and (i) to read as follows: | ||
(g) It is an exception to the application of Subsections (a) | ||
and (b) that the person 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 J, Chapter 81. | ||
(h) It is an exception to the application of Subsections (a) | ||
and (b) that the person manufactures hypodermic needles or syringes | ||
for delivery to a disease control pilot program described by | ||
Subchapter J, Chapter 81. | ||
(i) It is an exception to the application of Subsections (a) | ||
and (b) that the person is an employee, volunteer, duly authorized | ||
agent, or participant of a disease control pilot program described | ||
by Subchapter J, Chapter 81, and uses, possesses, or delivers a | ||
hypodermic needle or syringe as part of the program. | ||
SECTION 5. (a) 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. 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. | ||
(b) 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. | ||
SECTION 6. This Act takes effect September 1, 2013. |