HBA-MPM H.B. 2393 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2393 By: Maxey Public Health 3/19/1999 Introduced BACKGROUND AND PURPOSE Researchers have noted a high rate of HIV infection among injection drug users (IDUs). With the proliferation of newly diagnosed hepatitis C (HCV) cases among IDUs, it is estimated that approximately 90 percent of all IDUs are infected with HCV. Additionally, there is substantial evidence that the sexual partners, and sometimes the children of those infected, are also being infected. Paraphernalia laws, such as those in Section 481.025, Health and Safety Code, which prohibits the possession of syringes, may create a scenario in which IDUs refuse to carry their own syringes for fear of police harassment or arrest. Thirty-eight states have established harm reduction programs to address drug injection risks. In addition to distributing clean needles and safely disposing of used ones, these programs usually offer a variety of other services to IDUs. H.B. 2393 allows community-based organizations with a memorandum of understanding with the Texas Department of Health to provide harm reduction services, including health and substance abuse referrals and prevention information about HIV and hepatitis. It also authorizes certain persons involved with the program to dispense needles and syringes, and provides for their storage and disposal. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 85, Health and Safety Code, by adding Subchapter H, as follows: SUBCHAPTER H. HARM REDUCTION PROGRAMS TO REDUCE THE RISK OF HIV, AIDS, AND HEPATITIS B AND C Sec. 85.161. HARM REDUCTION PROGRAMS. (a) Authorizes a local health authority or other organization, with the approval of the local governmental entity, to establish a harm reduction program (program). (b) Specifies that the program must: _be incorporated into existing AIDS, hepatitis B, and hepatitis C prevention and outreach programs; _provide free and anonymous exchange of used needles for an equal number of new needles and syringes; _offer education on the transmission and prevention of HIV, hepatitis B, and hepatitis C; _assist program participants in obtaining drug treatment or other healthrelated services; and _provide materials to promote safe health-related practices, including use of bleach and sterile cotton. (c) Authorizes a program authorized by this subchapter to offer referral or services for other health-related issues, including sexually transmitted diseases, tuberculosis testing, and general health care. Sec. 85.162. DISTRIBUTION OF NEEDLES AND SYRINGES TO PROGRAM. Authorizes a person licensed as a wholesale drug distributor or wholesale medical device distributor under Chapter 431 (Texas Food, Drug, and Cosmetic Act), Health and Safety Code, to distribute needles and syringes to a program authorized by this subchapter. Sec. 85.163. HANDLING OF NEEDLES AND SYRINGES. (a) Requires the operator of a program to store needles and syringes in a proper and safe manner. Provides that only authorized employees or volunteers of the program may have access to the needles and syringes. Authorizes program clients to obtain needles and syringes only from an authorized employee. (b) Requires the operator of a program to store and dispose of used needles in accordance with board rule. SECTION 2. Amends Section 481.125, Health and Safety Code, by adding Subsection (g), as follows: (g) Makes an exception to the application of Sections 481.125 (a) and (b) (Offense: Possession or Delivery of Drug Paraphernalia), Health and Safety Code, that the person uses, possesses, delivers, or manufactures needles or syringes that are delivered or to be delivered through a program established under this Act. SECTION 3. Sets forth the purpose of this Act and a legislative declaration. SECTION 4. Requires the Texas Department of Health (department) to enter into a memorandum of understanding with each community-based organization providing a program to provide information to the department on the program's effectiveness. Requires the department to submit a report to the legislature evaluating the effectiveness of the harm reduction program as added by this Act no later than January 31, 2003. Requires a local health authority or other organization conducting a harm reduction program to assist the department in preparing the report. Provides that this section expires July 1, 2003. SECTION 5.Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 6. Emergency clause.