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