HBA-NRS H.B. 288 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 288 By: Maxey Public Health 2/8/2001 Introduced BACKGROUND AND PURPOSE The Texas Department of Health Bureau of HIV and STD Prevention reports that injecting drug use was the second most likely method of HIV transmission reported in 1998, with 31% of women and 14% of men contracting the virus through injecting drug use. Harm reduction programs offer distribution of clean needles, safe disposal of used needles, and education and provision of information to injecting drug users on the transmission of diseases through injecting drug use. Current law does not provide for the operation of harm reduction programs in Texas. House Bill 288 authorizes the establishment of local harm reduction programs to reduce the risk of infection through injecting drug use. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Health in SECTION 1 (Section 85.163, Health and Safety Code) of this bill. ANALYSIS House Bill 288 amends the Health and Safety Code to authorize a local health authority or other organization with the approval of the local governmental entity to establish a harm reduction program (program) allowing for the free and anonymous exchange of used needles and syringes and access to new needles and syringes to combat the spread of infectious and communicable diseases, including HIV, AIDS, hepatitis B, and hepatitis C. The bill provides that an authorized program must carry out certain education and prevention objectives. The bill also authorizes such a program to offer referrals or services for other health-related issues, including sexually transmitted diseases, tuberculosis testing, and general health care. The bill authorizes a person licensed as a wholesale drug distributor or device distributor to distribute needles and syringes to a program. The bill requires the operator of a program to store needles and syringes in a proper and safe manner. The bill authorizes only authorized employees or volunteers of the program to have access to needles and syringes and authorizes program clients to obtain needles and syringes only from an authorized employee or volunteer. The bill requires the operator of a program to store and dispose of used needles and syringes in accordance with Texas Board of Health rule. The bill provides that it is an exception to certain offenses concerning the possession or delivery of drug paraphernalia if a person uses, possesses, delivers, or manufactures needles or syringes that are delivered or are to be delivered through a program. The bill requires the Texas Department of Health (department) to enter into a memorandum of understanding with each community-based organization providing a program to provide information to the department on the effectiveness of the program. The bill requires the department to submit a report to the legislature evaluating the effectiveness of such programs not later than January 31, 2005, and requires a local health authority or other organization conducting a program to assist the department in preparing the report. EFFECTIVE DATE September 1, 2001.