By Van de Putte                                       H.B. No. 1963
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to harm reduction programs to reduce the risk of
    1-3  transmission HIV infection of acquired immune deficiency syndrome.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 85, Health and Safety Code, is amended by
    1-6  adding Subchapter H to read as follows:
    1-7                 SUBCHAPTER H. HARM REDUCTION PROGRAMS
    1-8        Sec. 85.161.  FINDINGS; PURPOSE.  (a)  The purpose of this
    1-9  subchapter is to establish HIV infection and AIDS harm reduction
   1-10  programs to combat the spread of infectious and communicable
   1-11  diseases.
   1-12        (b)  The legislature finds that:
   1-13              (1)  there is a growing public health problem in the
   1-14  state due to the rapid spread of HIV infection and AIDS and other
   1-15  communicable diseases such as tuberculosis and hepatitis B, which
   1-16  are generally associated with the chronic disease of addiction;
   1-17              (2)  25 percent of new AIDS cases reported in this
   1-18  state in 1993 were in the population that injects drugs;
   1-19              (3)  55 percent of heterosexual men and women who have
   1-20  AIDS were injecting drug users or had a sexual partner who was an
   1-21  injecting drug user;
   1-22              (4)  nationally, 56 percent of children younger than 13
   1-23  years of age with AIDS had a parent who was an injecting drug user;
    2-1              (5)  13.3 per 100,000 persons in this state have
    2-2  tuberculosis and 7.3 per 100,000 persons in this state have
    2-3  hepatitis B;
    2-4              (6)  there are an estimated 59,759 medically indigent
    2-5  injecting drug users in this state and 53,648 of those persons are
    2-6  not receiving drug abuse treatment, which places them at high risk
    2-7  for HIV infection;
    2-8              (7)  preventing HIV infection is a high priority since
    2-9  every symptomatic case costs $119,000 to treat, with the future
   2-10  costs of treating just the estimated 73,000 Texans that are
   2-11  currently HIV positive being $6,687,000,000;
   2-12              (8)  a harm reduction approach to HIV infection and
   2-13  AIDS provides a continuum of strategies for those who are
   2-14  chemically addicted, which also protects the health and well-being
   2-15  of the community;
   2-16              (9)  research conducted by the United States General
   2-17  Accounting Office and the United States Centers for Disease Control
   2-18  and Prevention of the United States Public Health Service on
   2-19  programs in other states and abroad that use needle exchange as a
   2-20  harm reduction strategy demonstrates that needle exchange programs:
   2-21                    (A)  do not increase drug use and do not attract
   2-22  new users;
   2-23                    (B)  reduce the transmission of HIV by injecting
   2-24  drug users, such as an 33 percent reduction among clients in the
   2-25  New Haven, Connecticut Needle Exchange Harm Reduction Program;
    3-1                    (C)  provide a link to drug treatment and other
    3-2  health services;
    3-3                    (D)  decrease the number of needles and syringes
    3-4  discarded in parks and neighborhood streets; and
    3-5                    (E)  constitute effective outreach to hard-core,
    3-6  normally inaccessible drug users;
    3-7              (10)  the following recommendations have been made by
    3-8  organizations established to study HIV infection and AIDS related
    3-9  problems:
   3-10                    (A)  the Texas Commission on Alcohol and Drug
   3-11  Abuse's HIV Networking Group, in updating the Texas State Plan to
   3-12  serve substance abusers at risk of HIV infection, recommends making
   3-13  sterile needles available to injecting drug users and recommends
   3-14  the removal of barriers to lifesaving strategies;
   3-15                    (B)  the department, in managing the development
   3-16  of Texas Year 2000 Health Objectives, recommends:
   3-17                          (i)  increased drug treatment services;
   3-18                          (ii)  intensive education and outreach
   3-19  efforts to reduce HIV infection among substance abusers; and
   3-20                          (iii)  provision of a comprehensive range
   3-21  of prevention, intervention and treatment services for all areas of
   3-22  the state; and
   3-23                    (C)  the HIV/AIDS Interagency Coordinating
   3-24  Council, required by Section 85.017 to make recommendations to the
   3-25  legislature concerning HIV prevention, has recommended that the law
    4-1  be changed to allow for the establishment of needle exchange
    4-2  programs; and
    4-3                    (D)  the National Commission on AIDS recommends
    4-4  that "Legal barriers to the purchase and possession of injection
    4-5  equipment should be removed.  Legal barriers do not reduce illicit
    4-6  drug injection.  They do, however, limit the availability of new,
    4-7  clean, injection equipment, thereby encouraging the sharing of
    4-8  injection equipment, and the increase in HIV transmission."
    4-9              (11)  the relatively low rate of HIV infection among
   4-10  injecting drug users in this state as compared to 50 to 60 percent
   4-11  in some east coast cities makes this an ideal time to establish
   4-12  harm reduction programs in Texas;
   4-13              (12)  providing treatment to reduce injecting drug use
   4-14  and providing means for safer injection are complementary rather
   4-15  than contradictory forms of both AIDS prevention and drug abuse
   4-16  prevention, and harm reduction programs should be regarded as just
   4-17  one weapon in the in the fight against HIV infection and AIDS in a
   4-18  population that is both at very high risk and traditionally  hard
   4-19  to reach;
   4-20              (13)  the key educational message of such a harm
   4-21  reduction program is that sharing injection equipment carries with
   4-22  it the likelihood of contracting HIV infection and of infecting
   4-23  one's partner or child with the deadly virus; and
   4-24              (14)  behaviors related to injecting drug use account
   4-25  for one of the fastest growing rates of exposure to HIV infection
    5-1  in this state.
    5-2        Sec. 85.162.  LEGISLATIVE DECLARATION.  The legislature
    5-3  declares that it is in the public interest to break the deadly
    5-4  connection between HIV infection and AIDS and injecting drug use by
    5-5  allowing legal access to clean needles and syringes in a
    5-6  comprehensive effort to reduce the spread of HIV infection and
    5-7  AIDS.
    5-8        Sec. 85.163.  HARM REDUCTION PROGRAMS.  (a)  A local health
    5-9  agency with approval of the local governing entity may establish
   5-10  harm reduction programs.
   5-11        Sec. 85.164.  REPORT.  A local heath agency or a person
   5-12  conducting a harm reduction program shall submit a report
   5-13  evaluating the effectiveness of the program to the department.
   5-14        Sec. 85.165.  EFFECT OF OTHER LAW.  Sections 481.125(a) and
   5-15  (b) do not apply to:
   5-16              (1)  a person or organization conducting a harm
   5-17  reduction program authorized by this subchapter; or
   5-18              (2)  a person receiving needles or syringes from a harm
   5-19  reduction program authorized by this subchapter.
   5-20        Sec. 85.166.  DISTRIBUTION OF NEEDLES AND SYRINGES TO
   5-21  PROGRAM.  A person licensed as a wholesale drug distributor or
   5-22  wholesale medical device distributor under Chapter 431 may
   5-23  distribute needles and syringes to a harm reduction program
   5-24  authorized by this subchapter.
   5-25        Sec. 85.167.  HANDLING OF NEEDLES AND SYRINGES.  (a)  A harm
    6-1  reduction program authorized by this subchapter shall store needles
    6-2  and syringes in a manner so as to be available only to authorized
    6-3  personnel and not to be openly available to program clients.
    6-4        (b)  Used needles and syringes awaiting destruction shall be
    6-5  securely safeguarded until they are destroyed.
    6-6        (c)  Used needles and syringes shall be destroyed in a manner
    6-7  that makes those needles and syringes unrecoverable.
    6-8        SECTION 2.  This Act takes effect on September 1, 1995.
    6-9        SECTION 3.  The importance of this legislation and the
   6-10  crowded condition of the calendars in both houses create an
   6-11  emergency and an imperative public necessity that the
   6-12  constitutional rule requiring bills to be read on three several
   6-13  days in each house be suspended, and this rule is hereby suspended.