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.