Bill Text: TX HB3238 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
By: McClendon | H.B. No. 3238 |
|
||
|
||
relating to county or county hospital district disease control | ||
pilot programs to reduce the risk of certain communicable diseases. | ||
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 blood borne diseases, such as | ||
hepatitis C, hepatitis B, and HIV/AIDS, 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. Chapter 81, Health and Safety Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. | ||
COUNTY PROGRAMS TO REDUCE RISK OF CERTAIN COMMUNICABLE DISEASES | ||
Sec. 81.401. DISEASE CONTROL PROGRAMS. (a) A county, county | ||
hospital district or an organization that contracts with a county | ||
or a county hospital district charged with protecting the public | ||
health may operate a disease control pilot program in Bexar, | ||
Dallas, El Paso, Harris, Nueces, Travis, and Webb Counties, | ||
established by the county or county hospital district and funded by | ||
the county or county hospital district in addition to any revenue | ||
sources generated by appropriately documented grants, gifts and | ||
donations, in order to prevent the spread of HIV, hepatitis B, | ||
hepatitis C, and other infectious and communicable diseases. The | ||
pilot programs may include disease control outreach programs that | ||
provide for the anonymous exchange of used hypodermic needles and | ||
syringes in association with addiction recovery and restoration | ||
efforts. As part of their outreach services, these programs are | ||
authorized to: | ||
(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-related services, including substance abuse treatment | ||
services and blood borne disease testing. | ||
(b) A county, county hospital district, or an organization | ||
that contracts with a county or a county hospital district | ||
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, county hospital district, or an organization | ||
that contracts with a county or a county hospital district | ||
operating a disease control pilot program authorized by this | ||
subchapter, shall annually provide the department with information | ||
on the effectiveness of the outreach program, the program's impact | ||
on reducing the spread of communicable diseases, including HIV, | ||
hepatitis B, and hepatitis C, and the outcomes and impact on | ||
injected drug use in the area served by the county or county | ||
hospital district. | ||
Sec. 81.402. 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 disease control pilot program authorized | ||
by this subchapter. | ||
Sec. 81.403. HANDLING OF NEEDLES AND SYRINGES. (a) 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 disease control pilot program may | ||
have access to the hypodermic needles and syringes, which may be | ||
included in safe kits made available by the outreach program. | ||
Program clients may obtain hypodermic needles and syringes and safe | ||
kits only from an authorized employee or volunteer of the pilot | ||
program. | ||
(b) 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 board rule. | ||
SECTION 3. Section 481.125, Health and Safety Code, is | ||
amended by adding Subsections (g) and (h) to read as follows: | ||
(g) Notwithstanding the other provisions of this section, a | ||
person may dispense or deliver a hypodermic needle or syringe if | ||
that person dispenses or delivers the 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 | ||
Chapter 81, SUBCHAPTER J, Health and Safety Code, and Section | ||
531.0972, Government Code. | ||
(h) It is an exception to the application of Subsections (a) | ||
and (b) that: | ||
(1) the person manufactures hypodermic needles or | ||
syringes that are delivered or are to be delivered through a disease | ||
control pilot program established under Subchapter J, Chapter 81; | ||
or | ||
(2) the person: | ||
(A) uses, possesses, or delivers hypodermic | ||
needles or syringes that are delivered to a disease control pilot | ||
program or are to be delivered by or through such a program | ||
established under Subchapter J, Chapter 81; and | ||
(B) demonstrates or presents evidence that the | ||
person is an employee, volunteer, duly authorized agent, or | ||
participant of the disease control pilot program. | ||
SECTION 4. 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 county, county hospital district or an | ||
organization that contracts with a county or a county hospital | ||
district [ |
||
Travis, and Webb Counties [ |
||
in each county, which is funded in whole or in part by the county to | ||
prevent the spread of HIV, hepatitis B, hepatitis C, and other | ||
infectious and communicable diseases. The program may include a | ||
disease control pilot program that provides for the anonymous | ||
exchange of used hypodermic needles and syringes in association | ||
with addiction recovery and restoration outreach efforts. | ||
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. |