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A BILL TO BE ENTITLED
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AN ACT
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relating to disease control programs to reduce the risk of certain |
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communicable diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 81, Health and Safety Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. PROGRAMS TO REDUCE RISK |
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OF CERTAIN COMMUNICABLE DISEASES |
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Sec. 81.401. DISEASE CONTROL PROGRAMS. (a) A local health |
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authority or an organization that contracts with a local |
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governmental entity may establish a disease control program that: |
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(1) provides for the anonymous exchange of used |
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hypodermic needles and syringes for an equal number of new |
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hypodermic needles and syringes; |
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(2) offers education, in both English and Spanish, on |
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the transmission and prevention of communicable diseases, |
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including HIV, hepatitis B, and hepatitis C; |
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(3) assists program participants in obtaining |
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health-related services, including tests for HIV and hepatitis C, |
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substance abuse treatment, and abscess care; and |
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(4) provides proper medical waste containers and |
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information in English and Spanish on the safe disposal of |
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syringes, including local disposal locations. |
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(b) A local health authority or other organization |
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operating a disease control program authorized by this subchapter |
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may charge a participant in the program a fee for each hypodermic |
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needle or syringe used in the program not to exceed 150 percent of |
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the actual cost of the hypodermic needle or syringe. |
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(c) A local health authority or other organization |
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operating a disease control program authorized by this subchapter |
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shall annually provide the department with information on the |
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effectiveness of the program and its impact on reducing the spread |
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of communicable diseases, including HIV, hepatitis B, and hepatitis |
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C. |
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Sec. 81.402. DISTRIBUTION OF NEEDLES AND SYRINGES TO |
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PROGRAM. A person licensed as a wholesale drug distributor or |
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device distributor under Chapter 431 may distribute hypodermic |
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needles and syringes to a disease control program authorized by |
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this subchapter. |
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Sec. 81.403. HANDLING OF NEEDLES AND SYRINGES. (a) The |
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operator of a disease control program shall store hypodermic |
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needles and syringes in a proper and secure manner. Only authorized |
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employees or volunteers of the disease control program may have |
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access to the hypodermic needles and syringes. Program clients may |
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obtain hypodermic needles and syringes only from an authorized |
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employee or volunteer. |
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(b) The operator of a disease control program authorized by |
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this subchapter shall store and dispose of used hypodermic needles |
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and syringes in accordance with board rule. |
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SECTION 2. Section 481.125, Health and Safety Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) It is an exception to the application of Subsections (a) |
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and (b) that: |
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(1) the person manufactures hypodermic needles or |
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syringes that are delivered or are to be delivered through a disease |
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control program established under Subchapter J, Chapter 81; or |
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(2) the person: |
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(A) uses, possesses, or delivers hypodermic |
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needles or syringes that are delivered or are to be delivered |
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through a disease control program established under Subchapter J, |
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Chapter 81; and |
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(B) presents evidence showing that the person is |
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an employee, volunteer, or participant of the disease control |
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program. |
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SECTION 3. The purpose of this Act is to authorize disease |
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control programs to combat the spread of infectious and |
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communicable diseases, including HIV, hepatitis B, and hepatitis C. |
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SECTION 4. (a) The change to Section 481.125, Health and |
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Safety Code, made by this Act applies only to an offense committed |
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on or after the effective date of this Act. For purposes of this |
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section, an offense is committed before the effective date of this |
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Act if any element of the offense occurs before the effective date. |
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(b) An offense committed before the effective date of this |
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Act is covered by the law in effect when the offense was committed, |
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and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2007. |