77R7918 MCK-D
By Maxey, et al. H.B. No. 288
Substitute the following for H.B. No. 288:
By Coleman C.S.H.B. No. 288
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing harm reduction programs to reduce the risk
1-3 of HIV infection, AIDS, hepatitis B, and hepatitis C.
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 TO REDUCE RISK
1-8 OF HIV, AIDS, AND HEPATITIS B AND C
1-9 Sec. 85.161. HARM REDUCTION PROGRAMS. (a) A local health
1-10 authority or other organization with the approval of the local
1-11 governmental entity may establish a harm reduction program.
1-12 (b) A program authorized by this subchapter must:
1-13 (1) be incorporated into existing AIDS, hepatitis B,
1-14 and hepatitis C prevention and outreach programs;
1-15 (2) provide free and anonymous exchange of used
1-16 needles and syringes for an equal number of new needles and
1-17 syringes;
1-18 (3) offer education on the transmission and prevention
1-19 of HIV, hepatitis B, and hepatitis C;
1-20 (4) assist program participants in obtaining drug
1-21 treatment services and other health-related services; and
1-22 (5) provide materials to promote safe health-related
1-23 practices, including use of bleach and sterile cotton.
1-24 (c) A program authorized by this subchapter may offer
2-1 referrals or services for other health-related issues, including
2-2 sexually transmitted diseases, tuberculosis testing, and general
2-3 health care.
2-4 Sec. 85.162. DISTRIBUTION OF NEEDLES AND SYRINGES TO
2-5 PROGRAM. A person licensed as a wholesale drug distributor or
2-6 device distributor under Chapter 431 may distribute needles and
2-7 syringes to a harm reduction program authorized by this subchapter.
2-8 Sec. 85.163. HANDLING OF NEEDLES AND SYRINGES. (a) The
2-9 operator of a harm reduction program shall store needles and
2-10 syringes in a proper and safe manner. Only authorized employees or
2-11 volunteers of the harm reduction program may have access to the
2-12 needles and syringes. Program clients may obtain needles and
2-13 syringes only from an authorized employee or volunteer.
2-14 (b) The operator of a harm reduction program shall store and
2-15 dispose of used needles and syringes in accordance with board rule.
2-16 SECTION 2. Section 481.125, Health and Safety Code, is
2-17 amended by adding Subsection (g) to read as follows:
2-18 (g) It is an exception to the application of Subsections (a)
2-19 and (b) that:
2-20 (1) the person manufactures needles or syringes that
2-21 are delivered or are to be delivered through a harm reduction
2-22 program established under Subchapter H, Chapter 85; or
2-23 (2) the person:
2-24 (A) uses, possesses, or delivers needles or
2-25 syringes that are delivered or are to be delivered through a harm
2-26 reduction program established under Subchapter H, Chapter 85; and
2-27 (B) presents an identification card showing that
3-1 the person is an employee, volunteer, or participant of the harm
3-2 reduction program.
3-3 SECTION 3. (a) The purpose of this Act is to authorize harm
3-4 reduction programs to combat the spread of infectious and
3-5 communicable diseases, including HIV, AIDS, hepatitis B, and
3-6 hepatitis C.
3-7 (b) The legislature declares that it is in the public
3-8 interest to break the deadly connection between the use of drugs by
3-9 injection and HIV infection, AIDS, hepatitis B, and hepatitis C by
3-10 allowing legal access to clean needles and syringes in a
3-11 comprehensive effort to reduce the spread of HIV infection, AIDS,
3-12 hepatitis B, and hepatitis C.
3-13 SECTION 4. The Texas Department of Health shall enter into a
3-14 memorandum of understanding with each community-based organization
3-15 providing a harm reduction program to provide information to the
3-16 department on the effectiveness of the program. The Texas
3-17 Department of Health shall submit a report to the legislature
3-18 evaluating the effectiveness of Subchapter H, Chapter 85, Health
3-19 and Safety Code, as added by this Act, not later than January 31,
3-20 2005. A local health authority or other organization conducting a
3-21 harm reduction program under that subchapter shall assist the
3-22 department in preparing the report. This section expires July 1,
3-23 2005.
3-24 SECTION 5. (a) This Act takes effect September 1, 2001.
3-25 (b) The change to Section 481.125, Health and Safety Code,
3-26 made by this Act applies only to an offense committed on or after
3-27 the effective date of this Act. For purposes of this section, an
4-1 offense is committed before the effective date of this Act if any
4-2 element of the offense occurs before the effective date.