Relating to county and hospital district disease control pilot programs to reduce the risk of certain infectious and communicable diseases; authorizing fees.

The text as introduced · 1,207 words

90R2070 AB-F

By: Rose
H.B. No. 1011

A BILL TO BE ENTITLED

AN ACT

relating to county and hospital district disease control pilot

programs to reduce the risk of certain infectious and communicable

diseases; authorizing fees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Honorable Ruth Jones

McClendon Act.

SECTION 2. (a) The legislature finds drug abuse has been a

tragedy for many Texas families, and for individuals addicted to

drugs, education about and treatment for addiction is imperative.

Cooperation 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

preserve lives and help those stricken with disease and drug

addiction.

(b) Allowing the operation of disease control pilot

programs will reduce the transmission of blood-borne diseases,

including HIV/AIDS, hepatitis B, and hepatitis C, and provide

program participants with referrals to appropriate health and

social services. A pilot program established under this Act may

provide necessary access to primary health care, ensure safe and

sterile disposal of used syringes and needles, and protect the

public health. Pilot program goals may include reduced rates of

intravenous drug use and a reduced number of injuries to innocent

victims, first responders, and law enforcement caused by needle

sticks from improperly disposed needles. Additionally, it is the

intent of the legislature for a pilot program to increase access to

substance abuse treatment services, increase the likelihood of

successful treatments for addiction, and protect the public health

and safety.

SECTION 3. Section 526.0056, Government Code, is amended to

read as follows:

Sec. 526.0056. PILOT PROGRAM TO PREVENT SPREAD OF

INFECTIOUS AND [ OR ] COMMUNICABLE DISEASES. The commission may

provide guidance to the counties and hospital districts in those

counties that establish [ local health authority of Bexar County in

establishing ] a disease control pilot program under Subchapter K,

Chapter 81, Health and Safety Code, [ funded by the county ] to

prevent the spread of HIV, hepatitis B, hepatitis C, and other

infectious and communicable diseases. The program may include a

disease control outreach program that provides for the anonymous

exchange of used hypodermic needles and syringes.

SECTION 4. Chapter 81, Health and Safety Code, is amended by

adding Subchapter K to read as follows:

SUBCHAPTER K. PILOT PROGRAM TO REDUCE RISK OF CERTAIN INFECTIOUS

AND COMMUNICABLE DISEASES

Sec. 81.501. APPLICABILITY OF SUBCHAPTER. This subchapter

applies only to Bexar, Dallas, El Paso, Harris, Nueces, Travis, and

Webb Counties and hospital districts in those counties.

Sec. 81.502. DISEASE CONTROL PILOT PROGRAM. (a) A county

or hospital district may establish a disease control pilot program

under this subchapter to prevent the spread of infectious and

communicable diseases, including HIV, hepatitis B, and hepatitis C.

The pilot program may include disease control outreach programs

that:

(1) provide for the anonymous exchange of used

hypodermic needles and syringes for an equal number of new

hypodermic needles and syringes;

(2) offer education on the transmission and prevention

of infectious and communicable diseases, including HIV, hepatitis

B, and hepatitis C; and

(3) assist program participants in obtaining health

care and other physical and mental health-related services,

including substance abuse treatment services and blood-borne

disease testing.

(b) A county or hospital district may register an

organization to operate the disease control pilot program and

distribute hypodermic needles and syringes to control the spread of

certain blood-borne communicable diseases. The county or hospital

district may charge the organization a registration fee in an

amount reasonable and necessary to cover the costs of registration

oversight, including coordination with law enforcement personnel.

(c) A registered organization may charge a program

participant a fee for each hypodermic needle or syringe used in the

program not to exceed 150 percent of the actual cost to the

organization of the hypodermic needle or syringe.

(d) A registered organization shall annually provide to the

department and the county or hospital district with which the

organization is registered information on:

(1) the effectiveness of the disease control pilot

program;

(2) the program's impact on reducing the spread of

infectious and communicable diseases, including HIV, hepatitis B,

and hepatitis C; and

(3) the program's effect on injected drug use by

individuals residing within the county or hospital district.

Sec. 81.503. DISTRIBUTION OF NEEDLES AND SYRINGES TO PILOT

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 pilot program authorized

by this subchapter.

Sec. 81.504. HANDLING OF NEEDLES AND SYRINGES. An

organization registered as provided by Section 81.502:

(1) shall store hypodermic needles and syringes in a

proper and secure manner and allow only authorized employees or

volunteers of the organization's disease control pilot program to

access the hypodermic needles and syringes;

(2) may include hypodermic needles and syringes in

packaged safe kits made available to program participants through

the program;

(3) may provide hypodermic needles, syringes, and safe

kits to program participants only through an authorized employee or

volunteer of the program; and

(4) shall store and dispose of used hypodermic needles

and syringes in accordance with applicable state laws and

administrative rules governing the safe and proper disposal of

medical waste.

Sec. 81.505. FUNDING. Except to the extent specifically

prohibited by law, an organization registered to operate a disease

control pilot program as provided by Section 81.502 may solicit or

accept gifts, grants, or donations to fund the program.

Sec. 81.506. EXPIRATION. This subchapter expires September

1, 2037.

SECTION 5. Section 481.125, Health and Safety Code, is

amended by adding Subsections (j), (k), (l), and (m) to read as

follows:

(j) Subsections (a) and (b) do not apply to a person who

possesses or delivers a hypodermic needle or syringe for a medical

purpose. For the purposes of this subsection, "medical purpose"

includes the exchange of a hypodermic needle or syringe for a used

hypodermic needle or syringe in a disease control pilot program

described by Subchapter K, Chapter 81.

(k) Subsections (a) and (b) do not apply to a person who

possesses or manufactures hypodermic needles or syringes for

delivery to a disease control pilot program described by Subchapter

K, Chapter 81.

(l) Subsections (a) and (b) do not apply to a person who is

an employee, volunteer, duly authorized agent, or program

participant of a disease control pilot program described by

Subchapter K, Chapter 81, and uses, possesses, or delivers a

hypodermic needle or syringe as part of the program.

(m) This subsection and Subsections (j), (k), and (l) expire

September 1, 2037.

SECTION 6. 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. An offense committed before

the effective date of this Act is governed by the law in effect when

the offense was committed, and the former law is continued in effect

for that purpose. 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.

SECTION 7. This Act takes effect September 1, 2027.