BILL ANALYSIS C.S.S.B. 799 By: Luna Health and Human Services 4-5-95 Committee Report (Substituted) BACKGROUND Texas ranks fourth in the nation in the number of AIDS cases. One method of transmitting this disease is through the sharing of HIV infected needles and syringes. In Texas 26 percent of the reported AIDS cases in 1993 were due to injecting drug use. For each infection that is prevented, $119,000 is saved in health care costs. The cost, therefore, to treat the estimated 73,000 Texas that are currently HIV positive will be $8,687,000,000. In July 1991, the National Commission on AIDS recommended that legal barriers to the purchase and possession of injection equipment should be removed because while not reducing illicit drug injection, legal barriers limit the availability of new, clean injection equipment. In December 1994, the Texas HIV/AIDS Interagency Coordinating Council's annual report to the legislature and governor recommended changing current law to provide for the establishment of needle exchange programs. Studies of an existing needle exchange program in Connecticut have shown a 33 percent reduction in new HIV infections and decreased sharing of injection equipment. PURPOSE As proposed, C.S.S.B. 799 authorizes the establishment of harm reduction programs to reduce the risk of transmission of HIV infection and acquired immune deficiency syndrome. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 85, Health and Safety Code, by adding Subchapter H, as follows: SUBCHAPTER H. HARM REDUCTION PROGRAMS Sec. 85.161. FINDINGS; PURPOSE. (a) Declares that the purpose of this subchapter is to establish HIV infection and AIDS harm reduction programs to combat the spread of infectious and communicable diseases. (b) Sets forth the findings of the legislature concerning HIV infection and AIDS. Sec. 85.162. LEGISLATIVE DECLARATION. Provides that the legislature declares that it is in the public interest to break the deadly connection between HIV infection and AIDS and drug use by allowing legal access to clean needles and syringes in a comprehensive effort to reduce the spread of HIV infection and AIDS. Sec. 85.163. HARM REDUCTION PROGRAMS. (a) Authorizes a local health agency, with approval of the local governing entity, to establish a harm reduction program. (b) Requires a program authorized by this subchapter to be incorporated into existing AIDS prevention and outreach projects, provide for free and anonymous exchange of needles and syringes and provide an equal exchange of used needles and syringes for those returned by program participants, offer education on transmission and prevention of HIV infection, assist program participants in obtaining drug treatment services, and provide materials such as bleach or sterile cotton to promote safe health practices. (c) Authorizes a program authorized by this subchapter to offer referrals or services for other health-related issues. Sec. 85.164. REPORT. Requires a local health agency or a person conducting a harm reduction program to submit a report evaluating the effectiveness of the program to the Texas Department of Health. Sec. 85.165. EFFECT OF OTHER LAW. Provides that Sections 481.125(a) and (b) do not apply to a person or organization conducting a harm reduction program or a person receiving needles or syringes from a harm reduction program. Sec. 85.166. DISTRIBUTION OF NEEDLES AND SYRINGES TO PROGRAM. Authorizes a person licensed as a wholesale drug distributor to distribute needles and syringes to a harm reduction program. Sec. 85.167. HANDLING OF NEEDLES AND SYRINGES. (a) Requires a harm reduction program to store needles and syringes so that they are available only to authorized personnel. (b) Requires used needles and syringes awaiting destruction to be securely safeguarded until destroyed. (c) Requires used needles and syringes to be destroyed so that they are unrecoverable. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.