Houston Chronicle and Associated Press focus the public on syringe access bill

The Houston Chronicle published an Associated Press description of the syringe access issue and the Texas bill, "Senate panel OKs shield for needle exchange." Constable Jimmy Willburn, pictured here, traveled to Austin to testify in favor of saving the lives of our public servants. Here is an excerpt:

In written and vocal support on Tuesday, law enforcement and health practitioners said the proposed legislation would prevent the spread of disease among drug users and prevent spread to the families of drug users, children who find dirty needles and others who are stuck by dirty needles.

Also, retired Bexar County Constable Jimmy Wilborn told the committee on Tuesday that the legislation would lower the chances of police officers contracting disease from contaminated syringes.

“My partners were stuck with needles when we were executing search warrants. As a constable in Precinct 2, two of my people were stuck with needles,” he said. “The fact of the matter is, if these people are distributing these needles, it’s going to be better for the police officers because of one reason — because they are going to be exchanging these things.”

The Texas Department of State Health Services has predicted that 100 new cases of HIV could be prevented in the first year of implementing a needle-exchange program.

Texas is the only state that doesn’t allow syringe exchange programs of any kind.

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Syringe exchange bill approved and headed to the Senate floor

The Senate Committee on Health and Human Services held a public hearing today and reported the committee substitute for Senate Bill 188 favorably from the committee on a vote of five ayes, one nay, with three senators absent. Voting in favor of CSSB 188 were Senator Nelson, Chair of the Committee, and Senators Deuell, Nichols, Shapleigh, and Uresti. Senator Huffman voted against and Senators Patrick, West and Zaffirini were absent.

Senator Deuell explained that his substitute language simply changes the exception to prosecution to a defense to prosecution and the substitute language exactly matches the bill the Senate passed in 2007.

Testifying in favor of the bill on behalf of the Texas Medical Association was Dr. Janet Realini, a family physician from San Antonio. Dr. Realini spoke about the medical evidence supporting the effectiveness of syringe exchange programs, and shared a moving story about having to tell one of her patients, a young mother of two she described as an innocent victim, that she tested positive for HIV. Dr. Realini implored the committee members to get the bill passed to help get injection drug users into treatment and keep them from infecting their families.

Next to testify was retired Bexar County Constable Jimmy Willborn, also a retired San Antonio police officer and former narcotics officer and supervisor. Constable Willborn said that while working in law enforcement some of his partners and employees, and EMS workers who he knew, were stuck with needles when they were executing search warrants and searching or helping individuals. He emphasized that syringe exchange programs will make it better for police officers because the programs will help decrease the chance of a disease being passed on to an officer.

Groups who registered in favor of SB 188 but did not testify include:
Texas Impact
ACLU of Texas
Texas Pediatric Society
Legacy Community Health Services
Scott & White Center for Healthcare Policy

To watch the hearing visit the Senate RealMedia Video Archives page on the Texas Senate website, and click on part two of the hearing on March 3. The fiscal note and bill analysis are available on Texas Legislature Online, but the Committee Substitute has not been posted as of this time.

Those who testified and registered in favor of CSSB 188, and of course those senators who voted in favor, have helped Texas move toward a sensible solution. When the federal government begins to fund syringe exchange programs, Texas should not be left out.

Learn more about the issue here.

Harris County Officials Discuss Syringe Access Legislation

Officials representing the Harris County Commissioners' Court, Houston City Council, Houston Police Department, Harris County Hospital District, Harris County criminal courts, HIV service providers, and state level elected officials attended a luncheon yesterday at the United Way of Greater Houston to learn and share the latest information about syringe access programs and the pending Texas legislation.

Dr. William Martin, Senior Fellow for Drug Policy at the Baker Institute for Public Policy at Rice University, and Randall Ellis, Senior Director for Government Relations at Legacy Community Health Services, each made excellent presentations. Attendees were able to ask questions and share the latest information and insights from their perspective.

Dr. Martin had some in tears as he gave us a metaphor for the current syringe access situation in Texas (it is currently a crime punishable by incarceration to give a drug user a clean syringe in Texas) through a story of two neighbors who met in Heaven:

One neighbor in Heaven said to the other: "You mean you knew about Him the whole time we lived next to one another but you never mentioned Him to me?"

Imagine yourself working in a health care facility, he said, and you are approached by an injection drug user who has contracted AIDS by using a dirty needle. The dying person looks into your eyes and says, "You mean you knew a simple way to prevent the spread of this disease that is killing me, and you never mentioned it to me?"

Distributing a clean needle to an injection drug user and offering her a bridge to recovery costs about 7 cents. Learn more here.

Senate Committee Could Vote on Syringe Access Bill Next Week

Senator Deuell and Senator Van de Putte's syringe access bill, SB 188, is set to be heard by the Senate Health & Human Services Committee on Tuesday, March 3, 2009, at 9:00 AM in the Texas capitol in the Senate Chamber. You can see the full text of the bill and its fiscal note here. Last session, this committee approved the bill by a vote of 7 to 1. If a majority of the committee members vote to approve the bill on Tuesday, it can be considered by the full Senate. Find names and contact information for the Senators who sit on the committee here.

Find legislative history and background information about syringe access in Texas here.

House Bills 142 & 272 gain new bi-partisan support

Last week the Access Project let you know that Representative Joe Crabb signed on as a joint author of House Bill 272, by Representative Solomon Ortiz, Jr. Well today Representative Crabb demonstrated his support for disease prevention again by signing on as a joint author of House Bill 142, by Representative Ruth Jones McClendon. Thanks again Representative Crabb!

Disease prevention and outreach programs gained even more bi-partisan support today when Republican Representative Brian McCall, Chair of the House Committee on Calendars, signed on as a joint author of House Bill 272. Thanks so much Chairman McCall!

House Bill 272 is referred to committee & receives a new Joint Author

Today House Bill 272, by Representative Solomon Ortiz, Jr., received its first reading and was then referred to the Committee on Public Health. I am also happy to report that last week Republican Representative Joe Crabb, Vice Chair of the Committee on Rules & Resolutions, signed on as a joint author of HB 272. Many thanks to Representative Crabb!

House Bill 142 referred to committee

House Bill 142, by Representative Ruth Jones McClendon, received its first reading and was then referred to the Committee on Public Health.

President Obama Makes U.S. Support for Needle Exchange Official

As reported by PRI The World, "In a significant break from both Mr. Bush and Bill Clinton before him, Barack Obama is making his support for needle exchange programs official."

The United States now officially acknowledges that our priority is to save lives and give our fellow human beings an opportunity to recover from addiction. This week the United States gave its negotiators at the United Nations summit new guidelines: "The US will endorse and support needle exchange programs."

The next logical step for the Obama administration will be to lift the federal ban on funding needle exchange programs, as promised during his campaign. This will allow all health institutions who receive federal funds to offer safe and clean needles to people so they can stop spreading deadly infections.

There is no better way to offer an opportunity to recover from addiction to an injection-drug user than when we have a chance to interact with them and show them how to care for their own health. Needle exchange programs are the number one path to recovery for these Texans.

Today, it is a crime in Texas to distribute clean needles - in fact, the Bexar County DA is currently trying to put an elder clergy member into jail as punishment. But the Texas legislature can change the law this session, bringing Texas into line with the rest of the world when it comes to compassion and saving human life. Get the latest updates on this blog and this site.

Senate Bill 188 referred to committee

Senate Bill 188, by Senators Deuell and Van de Putte, received its first reading and was then referred to the Committee on Health and Human Services.

Dallas Morning News: Public Health Officials Must Take Steps to Curb HIV

Thank you Dallas Morning News Editorial Columnist James Ragland for highlighting the harrowing statistics on HIV in Dallas. The disease is spinning out of control:

"Dallas County had the state's highest HIV rate in 2006 and 2007. More than 13,500 folks are living with HIV/AIDS in Dallas, a 35 percent increase in the last five years, according to a report by the county's Health and Human Services Department.

"The black community is really feeling the brunt of careless lifestyle choices: Black residents make up just 20 percent of the county's population, but they represented a whopping 46 percent of new HIV/AIDS diagnoses in 2007.

"Worse still, the infection rate among 13- to 24-year-olds nearly tripled over the last five years. That's a group we can least afford to have succumbing to a virulent disease, particularly when you consider the mounting costs of HIV care. We're talking hundreds of millions of dollars a year, most of which is coming out of the federal till."

He points out that, whatever our value system, public health officials must take advantage of simple prevention tools to stop the spread of the deadly infectious disease - especially when saving lives costs pennies:

"Make no mistake, my conservative religious cohorts are right on the mark when they argue that our fundamental challenge still is in overhauling the value systems of those who willingly or unwittingly put themselves in harm's way by sleeping around or sharing needles.

"But changing deep-rooted behaviors – an ongoing, epic battle whose end is nowhere in sight – is only part of the solution to this health crisis.

"It's also vitally incumbent upon public-health officials to do everything they can to control and curb a disease that poses a very tangible threat"

Visit this site for the latest, and sign up for free email updates, on what the Texas legislature is doing to prevent the spread of infectious disease.

Bush-era envoys to the UN blocking global promotion of syringe exchange

An article in the Washington Independent last week examines how envoys to the United Nations who were appointed by the last administration are blocking global efforts to promote HIV/AIDS prevention programs. The article goes on to question the envoys actions considering the fact that President Obama has clearly stated his support for syringe exchange programs in the Civil Rights section of his Agenda.

According to the article several members of Congress are now getting involved.

The episode has attracted the attention of some congressional Democrats. In a Jan. 28 letter to U.S. Ambassador to the United Nations Susan Rice, Reps. Henry Waxman (D-Calif.), Barbara Lee (D-Calif.) and Jose Serrano (D-N.Y.) cite “an apparent disconnect in U.S. policy” as it pertains to efforts to promote needle exchange to fight HIV/AIDS.

“We understand that the U.S. delegation in Vienna has been actively blocking the efforts of some of our closest allies — including the European Union — to incorporate in the declaration reference to harm reduction measures, such as needle exchange,” the Democrats wrote. They’re urging that the delegation “should immediately be given new instructions from the highest levels of the new Administration.”

If you want to let President Obama know how you feel about this situation you can visit the Contact Us page on WhiteHouse.gov.

Syringe exchange opponent lobbies in Texas from Florida

Last Friday a staffer from a Texas House members office emailed me a fax and other materials the office received from the executive director of Florida based Save Our Society From Drugs, Calvina Fay. In the fax Ms. Fay states her strong opposition to syringe exchange programs and then lists several reasons for her opposition.

I decided to pass along Ms. Fay's fax and other materials to Dr. William Martin, an expert on syringe exchange programs, to see what he thought of her claims. Before the weekend was out Dr. Martin emailed me back with his response to Ms. Fay's fax, his response notably full of documentation where hers was lacking.

About her fax and other materials Dr. Martin said "As an advocate for NEPs, I am not surprised that Ms. Fay could not martial better arguments to support her opposition to these programs, since the evidence against her position is simply too strong. I am, however, somewhat surprised that she apparently assumed no one would examine her assertions and claims."

Well examine them he did! Check out Dr. Martins response to Calvina Fay and a copy of Ms. Fay's fax to decide for yourself who is being honest in there examination of this important public health option.

Videos from seminar on syringe exchange now online

On December 9, 2008 the Bexar Area Harm Reduction Coalition hosted a seminar on syringe exchange programs in San Antonio. The seminar featured presentations by Dr. William Martin, Senior Fellow for Drug Policy at the Baker Institute, and Neel Lane, volunteer attorney for the Bexar Area Harm Reduction Coalition. The Access Project attended the seminar and filmed both presentations which are now available to view on our website.

Following is an interview with Charlene Doria-Ortiz, Community Health Program Manager for the Bexar County Department of Community Investment, filmed after the seminar ended. In the interview Charlene shares her perspective as the harm reduction coordinator for the pilot syringe exchange program in Bexar County.

New NEP Papers on the Baker Institute Website

Dr. William Martin, Senior Fellow at the James A. Baker III Institute for Public Policy at Rice University, is an expert on needle exchange programs (NEP's). In a new paper posted on the Baker Institute website, Needle Exchange Programs: Sending the Right Message, Dr. Martin sites extensive research to outline why he believes NEP's are a proven method of reducing the spread of blood-borne diseases such as HIV/AIDS and Hepatitis C without increasing drug use. As part of a set of policy recommendations the Baker Institute fellows prepared for President Obama, Dr. Martin has also prepared a paper addressing the removal of the ban on using federal funds for NEP's. To read the papers visit the Drug Policy link on the Baker Institute website, then scroll down to "Publications, 2009".

HRO calls syringe exchange key issue for the 81st legislature

The Texas House Research Organization (HRO) identifies the biggest issues facing the Texas legislature before each session starts. The HRO calls needle-exchange one of the most important health and human services issues facing the legislature in 2009 (see page 11):

Lawmakers in 2007 approved a pilot needle- exchange program in Bexar County that was not implemented after an attorney general’s opinion indicated program participants could be subject to prosecution under drug paraphernalia laws. Lawmakers again may debate whether to permit anonymous needle exchange programs as a part of a disease prevention program as well as discuss the legal protections that should be afforded to program participants.

Learn more and get free email updates about this life-saving measure.

Federal Government May Fund Syringe Access

President-Elect Barack Obama supports lifting the ban on federal funding for syringe exchange programs - and our friends at the Harm Reduction Coalition let us know that Congressman Jose Serrano has already re-introduced HR 179, Community AIDS and Hepatitis Prevention (CAHP) Act of 2009, in the 111th Congress. HR 179, introduced Tuesday with 28 original co-sponsors, would eliminate laws which prevent federal funding from being used for syringe exchange.

The State of Texas won't be able to accept these life-saving federal funds unless the Texas legislature allows drug addicts to safely access clean needles and syringes. The legislative session, which happens once every two years in Texas, will begin next week.

What will it say about Texas if the federal government offers to pay to prevent these deadly diseases but the Texas legislature chooses to refuse the funds, more Texans become infected, and our district attorneys continue to criminally prosecute the Good Samaritans who try to save human life? We won't find ourselves in that position if our legislature shows compassion and allows clean, safe access this session.

Legislative briefing revealed strong bipartisan support for change

Scot Kibbe, Senator Deuell's Legislative Director, spoke about SB 188. Senator Deuell filed the bill because he is compelled as a doctor to save lives, as a conservative to keep the government from getting in the way, and as a Christian to believe in the ability of people to change. Since the Senator has been championing clean and safe syringe access, he hasn't had one negative response from a constituent.

Janis Reinken, Representative McClendon's Chief of Staff, spoke about HB 142. She provided an update on the Bexar County pilot program authorized by the legislature last session but forbidden by District Attorney Susan Reed. Bexar County Commissioners unanimously authorized funding for the program but before they could implement the program, the District Attorney began prosecuting people and the syringe exchange portion of the program was cancelled. Both sides agree that they will look to the Texas legislature to clarify the law this session.

Will Krueger, from the Office of Representative Ortiz, spoke about HB 272 and the Representative's strong interest in treatment and recovery. His constituents want safe and legal syringe access programs, and Representative Ortiz wants to ensure the programs are offered in Spanish so each program can be as effective as possible within it's community.

Comprehensive legislative information packets were distributed to staff and agency representatives who attended. A fun time was had by all.

Syringe Access Staff Briefing Today

Today from noon to 2pm, we will host a legislative staff briefing about syringe access in the Legislative Conference Center in room E2.002 at the Texas Capitol. We will focus on the 3 bills that have been filed so far. Top experts will make presentations and be available to answer questions. Lunch will be provided.

This is a great chance to find out what the bills are all about. If you are near the Capitol, please join us - all are welcome!

San Antonio AIDS Foundation urges Texas legislature to save lives and tax dollars

The San Antonio AIDS Foundation has joined the growing list of organizations that support the safe and clean exchange of needles and syringes in Texas. Check out the organizations that support this life-saving measure on our new web site's supporter page.

We invite you to add your organization to the list. Please contact us if we can recognize your compassionate stance or provide additional information.

San Antonio Express News is right on point

The San Antonio Express News Editorial Board has done its research - check out the editorial it published just before Christmas supporting the safe and legal exchange of clean needles and syringes in Texas:

"The simple truth about needle exchange programs is that they save lives and save money. .... Along with protecting law enforcement and health care workers who frequently come into physical contact with the IV drug using community, the case for needle exchange is overwhelming."

Check out all of the latest news coverage regarding needle exchange in Texas on our new web site Newsroom - we will be updating this site by the minute as things develop during the Texas legislative session this year.