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A BILL TO BE ENTITLED
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AN ACT
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relating to disease control outreach programs to reduce the risk of |
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certain communicable diseases. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The legislature finds that because drug abuse |
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has been a tragedy for many Texas families, it is imperative that |
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individuals addicted to drugs receive education and treatment for |
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addiction. Working with community-based and faith-based |
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organizations creates a network of support for Texas families and |
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the opportunity to intervene in drug addiction. Members of |
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community-based and faith-based organizations have a strong desire |
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to compassionately work to preserve lives and offer help to those |
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stricken with disease and drug addiction. |
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Allowing a local option for the operation of disease control |
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outreach programs will reduce the transmission of blood-borne |
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diseases, such as hepatitis C, hepatitis B, and HIV/AIDS, and |
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provide clients with referrals to appropriate health and social |
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services. An outreach program created under this Act shall provide |
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necessary access to primary health care, ensure safe and sterile |
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disposal of used syringes and needles, and protect the public |
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health. In addition, outreach program goals may include reduced |
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rates of intravenous drug use and may reduce the number of injuries |
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of innocent victims, first responders, and law enforcement due to |
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needle sticks from improperly disposed-of needles. Additionally, |
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it is the intent of the legislature that there will be increased |
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access to drug treatment centers, an increased likelihood of |
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successful treatment for addiction, and increased protection of |
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public health and safety. |
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SECTION 2. 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. OUTREACH PROGRAMS TO REDUCE RISK |
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OF CERTAIN COMMUNICABLE DISEASES |
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Sec. 81.401. This subchapter applies only to a county with a |
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population of 300,000 or more. |
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Sec. 81.402. DISEASE CONTROL OUTREACH PROGRAMS. (a) A |
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local health authority or an organization that contracts with a |
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county, municipality, hospital district, or other local |
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governmental entity charged with protecting the public health may |
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establish a disease control outreach program that: |
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(1) assists outreach program participants in |
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obtaining health care and other physical and mental health-related |
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services, including substance abuse treatment services and |
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blood-borne disease testing; |
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(2) offers education on the transmission and |
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prevention of communicable diseases, including hepatitis C, |
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hepatitis B, and HIV; and |
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(3) 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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(b) A local health authority or other organization |
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operating a disease control outreach program authorized by this |
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subchapter may charge a participant in the outreach program a fee |
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for each hypodermic needle or syringe used in the outreach program |
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not to exceed 150 percent of the actual cost of the hypodermic |
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needle or syringe. |
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(c) A local health authority or other organization |
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operating a disease control outreach program authorized by this |
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subchapter shall annually provide the department with information |
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on: |
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(1) the effectiveness of the disease control outreach |
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program, including: |
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(A) the number of clients served by the program; |
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and |
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(B) the methods of distribution; |
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(2) the disease control outreach program's impact on |
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reducing the spread of communicable diseases, such as hepatitis C, |
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hepatitis B, and HIV, including: |
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(A) the number of syringes collected and the |
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number of syringes disposed of through the program; |
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(B) the number of referrals for testing for |
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communicable diseases made by the program; and |
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(C) a list of the facilities to which individuals |
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are referred by the program to receive testing described by |
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Paragraph (B); and |
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(3) the disease control outreach program's effect on |
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injected drug use in the area served by the local health authority, |
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including: |
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(A) the number of referrals for substance abuse |
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treatment made by the program; |
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(B) a list of facilities to which individuals are |
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referred by the program to receive substance abuse treatment; and |
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(C) other information specified by the |
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department. |
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Sec. 81.403. DISTRIBUTION OF NEEDLES AND SYRINGES TO |
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OUTREACH PROGRAM. A person licensed as a wholesale drug |
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distributor or device distributor under Chapter 431 may distribute |
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hypodermic needles and syringes to a disease control outreach |
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program authorized by this subchapter. |
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Sec. 81.404. HANDLING OF NEEDLES AND SYRINGES. (a) The |
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operator of a disease control outreach program shall store |
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hypodermic needles and syringes in a proper and secure manner. Only |
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authorized employees or volunteers of the disease control outreach |
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program may have access to the hypodermic needles and syringes. |
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Outreach program clients may obtain hypodermic needles and syringes |
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only from an authorized employee or volunteer. |
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(b) The operator of a disease control outreach program |
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authorized by this subchapter shall store and dispose of used |
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hypodermic needles and syringes in accordance with department rule. |
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SECTION 3. 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 a defense to prosecution under Subsections (a) and |
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(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 outreach program established under Subchapter J, Chapter |
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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 to or are to be delivered |
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through a disease control outreach program established under |
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Subchapter J, 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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outreach program. |
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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, 2009. |