SRC-EPT S.B. 438 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 438
78R4844 MCK-DBy: Lindsay
Health & Human Services
3/18/2003
As Filed


DIGEST AND PURPOSE 

Communicable diseases such as HIV/AIDS and Hepatitis B and C pose a
significant public health risk as they are, in most cases,
life-threatening and costly to treat.   Significant numbers of new cases
are due to injection drug use and the sharing of contaminated needles.  To
combat the skyrocketing cases of new infections, many states and local
communities have begun providing clean needles and syringes, which
research has shown can significantly reduce the spread of communicable
diseases.  As proposed, S.B. 438 authorizes a local health authority or an
organization that contracts with a local governmental entity to establish
a disease control program that provides anonymous needle exchange and
education regarding the transmission and prevention of communicable
diseases, and assists participants in obtaining health-related services. 


RULEMAKING AUTHORITY
  
Rulemaking authority is granted to the Texas Board of Health in SECTION 1
(Section 81.403, Health and Safety Code) of this bill. 


SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 81, Health and Safety Code, by adding
Subchapter J, as follows: 

SUBCHAPTER J.  PROGRAMS TO REDUCE RISK
OF CERTAIN COMMUNICABLE DISEASES

Sec. 81.401.  DISEASE CONTROL PROGRAMS.  (a) Authorizes a local health
authority or organization that contracts with a local governmental
authority to establish a disease control program that provides anonymous
needle exchange and education regarding the transmission and prevention of
communicable diseases, and assists participants in obtaining
health-related services. 

(b) Authorizes an authority or organization operating a program authorized
by this subchapter to charge a participant for a needle or syringe in an
amount not to exceed 150 percent of the actual cost of the needle or
syringe. 

(c) Requires an authority or organization operating a program authorized
by this subchapter to annually provide the Texas Department of Health
(TDH) with information on the effectiveness and impact of the program. 

Sec. 81.402.  DISTRIBUTION OF NEEDLES AND SYRINGES TO PROGRAM. Authorizes
a person licensed as a wholesale drug or device distributor to distribute
hypodermic needles and syringes to a disease control program authorized by
this subchapter. 

Sec. 81.403.  HANDLING OF NEEDLES AND SYRINGES.  (a) Requires the operator
of  a disease control program to store needles and syringes in a proper
and secure manner and provides that only authorized employees or
volunteers of the program may have access to the needles and syringes.
Provides that program clients may obtain needles and syringes only from an
authorized employee or volunteer. 

(b) Requires the operator of a program authorized by this subchapter to
store and dispose of used needles and syringes in accordance with Texas
Board of Health rule. 

SECTION 2.  Amends Section 481.125, Health and Safety Code, by adding
Subsection (g), to provide an exception to the application of Subsections
(a) and (b). 

SECTION 3.  Provides that the purpose of this Act is to authorize disease
control programs to combat the spread of infectious and communicable
diseases. 

SECTION 4.  (a) Effective date: September 1, 2003.

(b) Makes application of Section 481.125, Health and Safety Code, as
amended by this Act, prospective. 

(c) Makes application of this Act prospective.