81R32141 ALB-D
 
  By: Deuell, Van de Putte, et al. S.B. No. 188
 
  Substitute the following for S.B. No. 188:
 
  By:  Davis of Harris C.S.S.B. No. 188
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to disease control outreach programs to reduce the risk of
  certain communicable diseases.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The legislature finds that because drug abuse
  has been a tragedy for many Texas families, it is imperative that
  individuals addicted to drugs receive education and treatment for
  addiction. Working with community-based and faith-based
  organizations creates a network of support for Texas families and
  the opportunity to intervene in drug addiction. Members of
  community-based and faith-based organizations have a strong desire
  to compassionately work to preserve lives and offer help to those
  stricken with disease and drug addiction.
         Allowing a local option for the operation of disease control
  outreach programs will reduce the transmission of blood-borne
  diseases, such as hepatitis C, hepatitis B, and HIV/AIDS, and
  provide clients with referrals to appropriate health and social
  services. An outreach program created under this Act shall provide
  necessary access to primary health care, ensure safe and sterile
  disposal of used syringes and needles, and protect the public
  health. In addition, outreach program goals may include reduced
  rates of intravenous drug use and may reduce the number of injuries
  of innocent victims, first responders, and law enforcement due to
  needle sticks from improperly disposed-of needles. Additionally,
  it is the intent of the legislature that there will be increased
  access to drug treatment centers, an increased likelihood of
  successful treatment for addiction, and increased protection of
  public health and safety.
         SECTION 2.  Chapter 81, Health and Safety Code, is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J. OUTREACH PROGRAMS TO REDUCE RISK
  OF CERTAIN COMMUNICABLE DISEASES
         Sec. 81.401.  This subchapter applies only to a county with a
  population of 300,000 or more.
         Sec. 81.402.  DISEASE CONTROL OUTREACH 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 outreach program that:
               (1)  assists outreach program participants in
  obtaining health care and other physical and mental health-related
  services, including substance abuse treatment services and
  blood-borne disease testing;
               (2)  offers education on the transmission and
  prevention of communicable diseases, including hepatitis C,
  hepatitis B, and HIV; and
               (3)  provides for the anonymous exchange of used
  hypodermic needles and syringes for an equal number of new
  hypodermic needles and syringes.
         (b)  A local health authority or other organization
  operating a disease control outreach program authorized by this
  subchapter may charge a participant in the outreach program a fee
  for each hypodermic needle or syringe used in the outreach 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 outreach program authorized by this
  subchapter shall annually provide the department with information
  on:
               (1)  the effectiveness of the disease control outreach
  program, including:
                     (A)  the number of clients served by the program;
  and
                     (B)  the methods of distribution;
               (2)  the disease control outreach program's impact on
  reducing the spread of communicable diseases, such as hepatitis C,
  hepatitis B, and HIV, including:
                     (A)  the number of syringes collected and the
  number of syringes disposed of through the program;
                     (B)  the number of referrals for testing for
  communicable diseases made by the program; and
                     (C)  a list of the facilities to which individuals
  are referred by the program to receive testing described by
  Paragraph (B); and
               (3)  the disease control outreach program's effect on
  injected drug use in the area served by the local health authority,
  including:
                     (A)  the number of referrals for substance abuse
  treatment made by the program;
                     (B)  a list of facilities to which individuals are
  referred by the program to receive substance abuse treatment; and
                     (C)  other information specified by the
  department.
         Sec. 81.403.  DISTRIBUTION OF NEEDLES AND SYRINGES TO
  OUTREACH 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 outreach
  program authorized by this subchapter.
         Sec. 81.404.  HANDLING OF NEEDLES AND SYRINGES. (a)  The
  operator of a disease control outreach program shall store
  hypodermic needles and syringes in a proper and secure manner. Only
  authorized employees or volunteers of the disease control outreach
  program may have access to the hypodermic needles and syringes.
  Outreach program clients may obtain hypodermic needles and syringes
  only from an authorized employee or volunteer.
         (b)  The operator of a disease control outreach program
  authorized by this subchapter shall store and dispose of used
  hypodermic needles and syringes in accordance with department rule.
         SECTION 3.  Section 481.125, Health and Safety Code, is
  amended by adding Subsection (g) to read as follows:
         (g)  It is a defense to prosecution under 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 outreach program established under Subchapter J, Chapter
  81; or
               (2)  the person:
                     (A)  uses, possesses, or delivers hypodermic
  needles or syringes that are delivered to or are to be delivered
  through a disease control outreach 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
  outreach program.
         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, 2009.