HBA-NRS C.S.H.B. 288 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 288
By: Maxey
Public Health
3/19/2001
Committee Report (Substituted)


BACKGROUND AND PURPOSE

The Texas Department of Health Bureau of HIV and STD Prevention reports
that injecting drug use was the second most likely method of HIV
transmission reported in 1998, with 31% of women and 14% of men contracting
the virus through injecting drug use. Harm reduction programs offer
distribution of clean needles, safe disposal of used needles, and education
and provision of information to injecting drug users on the transmission of
diseases through injecting drug use. Current law does not provide for the
operation of harm reduction programs in Texas. C.S.H.B. 288  authorizes the
establishment of local harm reduction programs to reduce the risk of
infection through injecting drug use.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Section 85.163, Health and Safety Code) of this bill. 

ANALYSIS

C.S.H.B. 288 amends the Health and Safety Code to authorize a local health
authority or other organization with the approval of the local governmental
entity to establish a harm reduction program (program) allowing for the
free and anonymous exchange of used needles and syringes and access to new
needles and syringes to combat the spread of infectious and communicable
diseases, including HIV, AIDS, hepatitis B, and hepatitis C. The bill
provides that an authorized program must carry out certain education and
prevention objectives. The bill also authorizes such a program to offer
referrals or services for other health-related issues, including sexually
transmitted diseases, tuberculosis testing, and general health care.  

The bill authorizes a person licensed as a wholesale drug distributor or
device distributor to distribute needles and syringes to a program. The
bill requires the operator of a program to store needles and syringes in a
proper and safe manner. The bill authorizes only authorized employees or
volunteers of the program to have access to needles and syringes and
authorizes program clients to obtain needles and syringes only from an
authorized employee or volunteer. The bill requires the operator of a
program to store and dispose of used needles and syringes in accordance
with Texas Board of Health rule. The bill provides that it is an exception
to certain offenses concerning the possession or delivery of drug
paraphernalia if a person manufactures needles or syringes that are
delivered or are to be delivered through a program, or if a person uses,
possesses, or delivers needles or syringes that are delivered or are to be
delivered through a program and  presents an identification card showing
that the person is an employee, volunteer, or participant of the program. 

The bill 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
effectiveness of the program. The bill requires the department to submit a
report to the legislature evaluating the effectiveness of such programs not
later than January 31, 2005, and requires a local health authority or other
organization conducting a program to assist the department in preparing the
report. 


 EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 288 modifies the original bill by stipulating that it is an
exception to certain offenses for  a person who uses, possesses, or
delivers needles or syringes through a harm reduction program only if the
person presents an identification card showing that the person is an
employee, volunteer, or participant of the harm reduction program.