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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment by certain counties and hospital |
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districts of disease control pilot programs to reduce the risk of |
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certain infectious and communicable diseases; authorizing fees. |
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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 for |
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individuals addicted to drugs to receive education about and |
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treatment for addiction. Cooperation with community-based and |
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faith-based organizations creates a network of support for Texas |
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families and the opportunity to intervene in drug addiction. |
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Members of community-based and faith-based organizations have a |
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strong desire to compassionately work to preserve lives and offer |
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help to those 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 bloodborne diseases, including |
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HIV/AIDS, hepatitis B, and hepatitis C, 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 caused by needle sticks from |
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improperly disposed needles. Additionally, it is the intent of the |
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legislature for the pilot program to increase access to drug |
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treatment centers, increase the likelihood of successful |
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treatments for addiction, and protect the public health and safety. |
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SECTION 2. 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 AND [OR] COMMUNICABLE DISEASES. The commission |
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may provide guidance to the counties and hospital districts in |
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those counties that establish [local health authority of Bexar
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County in establishing] a pilot program under Subchapter K, Chapter |
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81, Health and Safety Code, [funded by the county] to prevent the |
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spread of HIV, hepatitis B, hepatitis C, and other infectious and |
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communicable diseases. The program may include a disease control |
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program that provides for the anonymous exchange of used hypodermic |
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needles and syringes. |
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SECTION 3. Chapter 81, Health and Safety Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. PILOT PROGRAM TO REDUCE RISK OF CERTAIN INFECTIOUS |
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AND COMMUNICABLE DISEASES |
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Sec. 81.501. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to Bexar, Dallas, Harris, and Travis Counties and |
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hospital districts in those counties. |
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Sec. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county |
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or hospital district may establish a disease control pilot program |
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under this subchapter 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 program may include disease control outreach programs that: |
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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 infectious and communicable diseases, including HIV, hepatitis |
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B, and hepatitis C; and |
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(3) assist program participants in obtaining health |
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care and other physical and mental health-related services, |
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including substance abuse treatment services and bloodborne |
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disease testing. |
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(b) A county or hospital district may register an |
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organization to operate the disease control pilot program and |
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distribute hypodermic needles and syringes to control the spread of |
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certain bloodborne communicable diseases. The county or hospital |
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district may charge a registration fee in an amount reasonable and |
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necessary to cover the costs of registration oversight, including |
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coordination with law enforcement personnel. |
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(c) A registered organization may charge a participant in |
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the program a fee for each hypodermic needle or syringe used in the |
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program not to exceed 150 percent of the actual cost to the |
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organization of the hypodermic needle or syringe. |
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(d) A registered organization shall annually provide to the |
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department and the county or hospital district with which the |
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organization is registered information on: |
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(1) the effectiveness of the program; |
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(2) the program's impact on reducing the spread of |
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infectious and communicable diseases, including HIV, hepatitis B, |
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and hepatitis C; and |
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(3) the program's effect on injected drug use in the |
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county or hospital district. |
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Sec. 81.503. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT |
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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. 81.504. HANDLING OF NEEDLES AND SYRINGES. A |
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registered organization: |
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(1) shall store hypodermic needles and syringes in a |
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proper and secure manner and allow only authorized employees or |
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volunteers of the organization's disease control pilot program to |
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access the hypodermic needles and syringes; |
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(2) may include hypodermic needles and syringes in |
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packaged safe kits made available to program clients through the |
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program; |
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(3) may provide hypodermic needles and syringes and |
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safe kits to program clients only through an authorized employee or |
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volunteer of the program; and |
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(4) shall store and dispose of used hypodermic needles |
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and syringes in accordance with applicable state laws and |
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administrative rules governing the safe and proper disposal of |
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medical waste. |
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Sec. 81.505. FUNDING. Except to the extent specifically |
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prohibited by law, a registered organization operating a disease |
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control pilot program may solicit or accept gifts, grants, or |
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donations to fund a disease control pilot program under Section |
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81.502(a). |
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Sec. 81.506. EXPIRATION. This subchapter expires September |
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1, 2029. |
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SECTION 4. Section 481.125, Health and Safety Code, is |
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amended by adding Subsections (g), (h), and (i) to read as follows: |
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(g) Subsections (a) and (b) do not apply to a person who |
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dispenses or delivers a hypodermic needle or syringe for a medical |
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purpose. For the purposes of this subsection, "medical purpose" |
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includes the exchange of a hypodermic needle or syringe for a used |
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hypodermic needle or syringe in a disease control pilot program |
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described by Subchapter K, Chapter 81. |
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(h) Subsections (a) and (b) do not apply to a person who |
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manufactures hypodermic needles or syringes for delivery to a |
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disease control pilot program described by Subchapter K, Chapter |
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81. |
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(i) Subsections (a) and (b) do not apply to a person who is |
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an employee, volunteer, duly authorized agent, or program client of |
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a disease control pilot program described by Subchapter K, Chapter |
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81, and uses, possesses, or delivers a hypodermic needle or syringe |
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as part of the program. |
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SECTION 5. The change to Section 481.125, Health and Safety |
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Code, made by this Act applies only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect when |
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the offense was committed, and the former law is continued in effect |
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for that purpose. For purposes of this section, an offense is |
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committed before the effective date of this Act if any element of |
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the offense occurs before the effective date. |
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SECTION 6. This Act takes effect September 1, 2019. |