By: Maxey H.B. No. 1716 73R4366 KLL-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to demonstration needle and syringe exchange and 1-3 monitoring programs to reduce the incidence of acquired immune 1-4 deficiency syndrome. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Chapter 85, Health and Safety Code, is amended by 1-7 adding Subchapter H to read as follows: 1-8 SUBCHAPTER H. DEMONSTRATION NEEDLE AND SYRINGE EXCHANGE 1-9 AND MONITORING PROGRAMS 1-10 Sec. 85.161. LEGISLATIVE DECLARATION. The legislature finds 1-11 that behaviors related to intravenous drug use account for the 1-12 fastest growing rate of exposure to HIV infection in this state. 1-13 The legislature declares that it is in the public interest to break 1-14 the deadly connection between AIDS and intravenous drug use by 1-15 allowing legal access to clean needles and syringes in a 1-16 comprehensive effort to slow the spread of AIDS. 1-17 Sec. 85.162. DEMONSTRATION NEEDLE AND SYRINGE EXCHANGE AND 1-18 MONITORING PROGRAMS. (a) The department, in cooperation with the 1-19 Texas Commission on Alcohol and Drug Abuse, shall establish a 1-20 demonstration needle and syringe exchange and monitoring program in 1-21 one of the five municipalities with the highest incidences of 1-22 reported AIDS cases as of September 1, 1993. The department is the 1-23 lead agency in establishing and administering the program. 1-24 (b) The department, with the assistance of the Texas 2-1 Commission on Alcohol and Drug Abuse, shall establish protocols in 2-2 accordance with Section 85.163(a). 2-3 (c) The department and the Texas Commission on Alcohol and 2-4 Drug Abuse shall evaluate the effectiveness of the program based on 2-5 the criteria specified by Section 85.163(b). 2-6 (d) The department may authorize similar programs in other 2-7 areas of the state as determined by the commissioner. 2-8 Sec. 85.163. REQUIREMENTS OF DEMONSTRATION PROGRAM. (a) A 2-9 demonstration program authorized by this subchapter shall: 2-10 (1) be incorporated into existing AIDS prevention and 2-11 outreach projects in a selected municipality; 2-12 (2) provide for free and anonymous exchange of needles 2-13 and syringes and provide that program participants receive an equal 2-14 number of needles and syringes for those returned, not to exceed 2-15 five syringes and needles for each exchange; 2-16 (3) require all needles and syringes distributed to be 2-17 marked and checked for return rates; 2-18 (4) offer education on the transmission and prevention 2-19 of HIV, and may offer referrals or services for other 2-20 health-related issues such as sexually transmitted diseases, 2-21 tuberculosis testing, and general health care; 2-22 (5) assist program participants in obtaining drug 2-23 treatment services; and 2-24 (6) provide sterile materials such as bleach or 2-25 sterile cotton to promote safe health practices. 2-26 (b) A demonstration program shall include an evaluation 2-27 component to monitor: 3-1 (1) return rates of needles and syringes distributed; 3-2 (2) behavioral change of program participants, such as 3-3 needle sharing, incorporation of prevention activities related to 3-4 reducing the transmission of HIV by blood, and the use of condoms; 3-5 (3) program participation rates and the number of 3-6 participants who are motivated to enter treatment as a result of 3-7 the program and the status of their treatment; and 3-8 (4) the incidence of HIV infection among intravenous 3-9 drug users to determine if there is a change as a result of the 3-10 program. 3-11 Sec. 85.164. REPORT. (a) A municipality selected for a 3-12 demonstration program or the person conducting a program shall 3-13 submit a report evaluating the effectiveness of the program to the 3-14 department. 3-15 (b) The department shall compile all information received 3-16 from a demonstration program and shall report to the standing 3-17 committees of the legislature having jurisdiction over public 3-18 health. 3-19 Sec. 85.165. EFFECT OF OTHER LAW. Sections 481.125(a) and 3-20 (b) do not apply to: 3-21 (1) a person or organization conducting a needle and 3-22 syringe exchange and monitoring program authorized by this 3-23 subchapter; or 3-24 (2) a person receiving needles or syringes from a 3-25 needle and syringe exchange and monitoring program authorized by 3-26 this subchapter. 3-27 Sec. 85.166. DISTRIBUTION OF NEEDLES AND SYRINGES TO 4-1 PROGRAM. A person licensed as a wholesale drug distributor under 4-2 Chapter 431 or a pharmacy licensed under the Texas Pharmacy Act 4-3 (Article 4542a-1, Vernon's Texas Civil Statutes) may distribute 4-4 needles and syringes to a needle and syringe exchange and 4-5 monitoring program authorized by this subchapter. 4-6 Sec. 85.167. HANDLING OF NEEDLES AND SYRINGES. (a) A 4-7 needle and syringe exchange and monitoring program authorized by 4-8 this subchapter shall store hypodermic needles and syringes in a 4-9 manner so as to be available only to authorized personnel and not 4-10 to be openly available to program clients. 4-11 (b) All used disposable needles and used disposable syringes 4-12 shall be destroyed in a manner that makes those needles and 4-13 syringes unrecoverable. 4-14 (c) Used needles and syringes that have been discarded and 4-15 are awaiting destruction shall be securely safeguarded until they 4-16 are discarded. 4-17 SECTION 2. (a) This Act takes effect September 1, 1993. 4-18 (b) The Texas Department of Health or its successor shall 4-19 establish the program required by Subchapter H, Chapter 85, Health 4-20 and Safety Code, as added by this Act, not later than January 1, 4-21 1994. 4-22 SECTION 3. The importance of this legislation and the 4-23 crowded condition of the calendars in both houses create an 4-24 emergency and an imperative public necessity that the 4-25 constitutional rule requiring bills to be read on three several 4-26 days in each house be suspended, and this rule is hereby suspended.