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A BILL TO BE ENTITLED
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AN ACT
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relating to county or county hospital district disease control |
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pilot programs to reduce the risk of 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 for the operation of disease control pilot programs |
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will reduce the transmission of blood borne diseases, such as |
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hepatitis C, hepatitis B, and HIV/AIDS, and provide clients with |
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referrals to appropriate health and social services. A pilot |
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program created under this Act may provide necessary access to |
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primary health care, ensure safe and sterile disposal of used |
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syringes and needles, and protect the public health. In addition, |
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pilot program goals may include reduced rates of intravenous drug |
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use and a reduced number of injuries to innocent victims, first |
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responders, and law enforcement due to needle sticks from |
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improperly disposed-of needles. Additionally, it is the intent of |
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the legislature that there will be increased access to drug |
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treatment centers, an increased likelihood of successful treatment |
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for addiction, and increased protection of public health and |
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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. |
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COUNTY PROGRAMS TO REDUCE RISK OF CERTAIN COMMUNICABLE DISEASES |
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Sec. 81.401. DISEASE CONTROL PROGRAMS. (a) A county, county |
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hospital district or an organization that contracts with a county |
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or a county hospital district charged with protecting the public |
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health may operate a disease control pilot program in Bexar, |
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Dallas, El Paso, Harris, Nueces, Travis, and Webb Counties, |
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established by the county or county hospital district and funded by |
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the county or county hospital district in addition to any revenue |
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sources generated by appropriately documented grants, gifts and |
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donations, in order to prevent the spread of HIV, hepatitis B, |
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hepatitis C, and other infectious and communicable diseases. The |
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pilot programs may include disease control outreach programs that |
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provide for the anonymous exchange of used hypodermic needles and |
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syringes in association with addiction recovery and restoration |
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efforts. As part of their outreach services, these programs are |
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authorized to: |
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(1) provide 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) offer education on the transmission and prevention |
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of communicable diseases, including HIV, hepatitis B, and hepatitis |
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C; and |
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(3) assist program participants in obtaining |
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health-related services, including substance abuse treatment |
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services and blood borne disease testing. |
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(b) A county, county hospital district, or an organization |
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that contracts with a county or a county hospital district |
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operating a disease control pilot program authorized by this |
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subchapter, may charge a participant in the program a fee for each |
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hypodermic needle or syringe used in the program, not to exceed 150 |
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percent of the actual cost of the hypodermic needle or syringe. |
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(c) A county, county hospital district, or an organization |
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that contracts with a county or a county hospital district |
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operating a disease control pilot program authorized by this |
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subchapter, shall annually provide the department with information |
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on the effectiveness of the outreach program, the program's impact |
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on reducing the spread of communicable diseases, including HIV, |
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hepatitis B, and hepatitis C, and the outcomes and impact on |
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injected drug use in the area served by the county or county |
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hospital district. |
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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 pilot program authorized |
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by 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 pilot 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 pilot program may |
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have access to the hypodermic needles and syringes, which may be |
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included in safe kits made available by the outreach program. |
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Program clients may obtain hypodermic needles and syringes and safe |
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kits only from an authorized employee or volunteer of the pilot |
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program. |
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(b) The operator of a disease control pilot 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 board rule. |
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SECTION 3. Section 481.125, Health and Safety Code, is |
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amended by adding Subsections (g) and (h) to read as follows: |
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(g) Notwithstanding the other provisions of this section, a |
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person may dispense or deliver a hypodermic needle or syringe if |
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that person dispenses or delivers the needle or syringe for a |
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medical purpose. For the purposes of this subsection, "medical |
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purpose" includes the exchange of a hypodermic needle or syringe |
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for a used hypodermic needle or syringe in a program described by |
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Chapter 81, SUBCHAPTER J, Health and Safety Code, and Section |
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531.0972, Government Code. |
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(h) 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 pilot program established under Subchapter J, Chapter 81; |
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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 a disease control pilot |
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program or are to be delivered by or through such a program |
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established under Subchapter J, Chapter 81; and |
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(B) demonstrates or presents evidence that the |
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person is an employee, volunteer, duly authorized agent, or |
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participant of the disease control pilot program. |
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SECTION 4. Section 531.0972, Government Code, is amended to |
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read as follows: |
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Sec. 531.0972. PILOT PROGRAM TO PREVENT THE SPREAD OF |
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CERTAIN INFECTIOUS OR COMMUNICABLE DISEASES. The commission may |
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provide guidance to the county, county hospital district or an |
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organization that contracts with a county or a county hospital |
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district [authority] of Bexar, Dallas, El Paso, Harris, Nueces, |
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Travis, and Webb Counties [County] in establishing a pilot program |
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in each county, which is funded in whole or in part by the county to |
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prevent the spread of HIV, hepatitis B, hepatitis C, and other |
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infectious and communicable diseases. The program may include a |
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disease control pilot program that provides for the anonymous |
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exchange of used hypodermic needles and syringes in association |
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with addiction recovery and restoration outreach efforts. |
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SECTION 5. (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 governed 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 6. This Act takes effect September 1, 2013. |