Bill Text: TX HB746 | 2019-2020 | 86th Legislature | Introduced


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: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-21 - Referred to County Affairs [HB746 Detail]

Download: Texas-2019-HB746-Introduced.html
  86R1575 KKR-F
 
  By: Rose H.B. No. 746
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 for
  individuals addicted to drugs to 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 for the pilot program to 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 [THE] SPREAD OF
  CERTAIN INFECTIOUS AND [OR] COMMUNICABLE DISEASES. The commission
  may provide guidance to the counties and hospital districts in
  those counties that establish [local health authority of Bexar
  County in establishing] a pilot program under Subchapter K, Chapter
  81, Health and Safety Code, [funded 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
  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 INFECTIOUS
  AND 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 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)  A county or hospital district may register an
  organization to operate the disease control pilot program and
  distribute hypodermic needles and syringes to control the spread of
  certain bloodborne communicable diseases. The county or hospital
  district may charge a registration fee in an amount reasonable and
  necessary to cover the costs of registration oversight, including
  coordination with law enforcement personnel.
         (c)  A registered organization 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 to the
  organization of the hypodermic needle or syringe.
         (d)  A registered organization shall annually provide to the
  department and the county or hospital district with which the
  organization is registered information on:
               (1)  the effectiveness of the program;
               (2)  the program's impact on reducing the spread of
  infectious and communicable diseases, including HIV, hepatitis B,
  and hepatitis C; and
               (3)  the program's effect on injected drug use in 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
  registered organization:
               (1)  shall store hypodermic needles and syringes in a
  proper and secure manner and allow only authorized employees or
  volunteers of the organization's disease control pilot program to
  access the hypodermic needles and syringes;
               (2)  may include hypodermic needles and syringes in
  packaged safe kits made available to program clients through the
  program;
               (3)  may provide hypodermic needles and syringes and
  safe kits to program clients only through an authorized employee or
  volunteer of the program; and
               (4)  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, a registered organization operating a disease
  control pilot program 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, 2029.
         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 program client 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, 2019.
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