Florida Senate - 2013 CS for SB 808 By the Committee on Health Policy; and Senator Margolis 588-03986-13 2013808c1 1 A bill to be entitled 2 An act relating to a needle and syringe exchange pilot 3 program; amending s. 381.0038, F.S.; requiring the 4 Department of Health to establish a needle and syringe 5 exchange pilot program in Miami-Dade County; providing 6 for administration of the pilot program by the 7 department or a designee; establishing pilot program 8 criteria; providing that the distribution of needles 9 and syringes under the pilot program is not a 10 violation of the Florida Comprehensive Drug Abuse 11 Prevention and Control Act or any other law; providing 12 conditions under which a pilot program staff member or 13 participant may be prosecuted; prohibiting the 14 collection of participant identifying information; 15 providing for the pilot program to be funded through 16 private grants and donations; providing for expiration 17 of the pilot program; requiring a report to the 18 Legislature; providing rulemaking authority; providing 19 for severability; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Subsection (4) is added to section 381.0038, 24 Florida Statutes, to read: 25 381.0038 Education; needle and syringe exchange pilot 26 program.—The Department of Health shall establish a pilot 27 program to educate the public about the threat of acquired 28 immune deficiency syndrome. 29 (4) The department shall establish a sterile needle and 30 syringe exchange pilot program in Miami-Dade County. The pilot 31 program shall be administered by the department or the 32 department’s designee. The department is authorized to designate 33 one of the following entities to operate the pilot program at a 34 fixed location or through a mobile health unit: a hospital 35 licensed under chapter 395, a health care clinic licensed under 36 part X of chapter 400, a substance abuse treatment program, an 37 HIV or AIDS service organization, or another nonprofit entity 38 designated by the department. The pilot program shall offer the 39 free exchange of clean unused needles and hypodermic syringes 40 for used needles and hypodermic syringes as a means to prevent 41 the transmission of HIV, AIDS, viral hepatitis, or other blood 42 borne diseases among intravenous drug users and their sexual 43 partners and offspring. 44 (a) The pilot program shall: 45 1. Provide for maximum security of exchange sites and 46 equipment, including an accounting of the number of needles and 47 syringes in use, the number of needles and syringes in storage, 48 safe disposal of returned needles, and any other measure that 49 may be required to control the use and dispersal of sterile 50 needles and syringes. 51 2. Strive for a one-to-one exchange, whereby the 52 participant shall receive one sterile needle and syringe unit in 53 exchange for each used one. 54 3. Make available educational materials; HIV counseling and 55 testing; referral services to provide education regarding HIV, 56 AIDS, and viral hepatitis transmission; and drug use prevention 57 and treatment. 58 (b) Notwithstanding any other provision of law, the 59 possession, distribution, or exchange of needles or syringes as 60 part of a needle and syringe exchange pilot program established 61 by the department or the department’s designee is not a 62 violation of any part of chapter 893 or any other law. 63 (c) A needle and syringe exchange pilot program staff 64 member, volunteer, or participant is not immune from criminal 65 prosecution for: 66 1. The possession of needles or syringes that are not a 67 part of the exchange pilot program; or 68 2. Redistribution of needles or syringes in any form, if 69 acting outside the pilot program. 70 (d) The pilot program shall collect data for annual and 71 final reporting purposes, which shall include information on the 72 number of participants served, the number of needles and 73 syringes exchanged and distributed, the demographic profiles of 74 the participants served, the number of participants entering 75 drug counseling and treatment, the number of participants 76 receiving HIV, AIDS, or viral hepatitis testing, and other data 77 deemed necessary for the pilot program. However, no personal 78 identifying information may be collected from a participant for 79 any purpose. 80 (e) State funds may not be used to operate the pilot 81 program. The pilot program shall be funded through grants and 82 donations from private resources and funds. 83 (f) The pilot program shall expire July 1, 2018. Six months 84 before the pilot program expires, the Office of Program Policy 85 Analysis and Government Accountability shall submit a report to 86 the President of the Senate and the Speaker of the House of 87 Representatives that includes the data collection requirements 88 established in this subsection; the rates of HIV, AIDS, viral 89 hepatitis, or other blood-borne diseases before the pilot 90 program began and every subsequent year thereafter; and a 91 recommendation on whether to continue the pilot program. 92 (g) The department has the authority to adopt and develop 93 rules to implement the provisions of this subsection. 94 Section 2. If any provision of this act or its application 95 to any person or circumstance is held invalid, the invalidity 96 does not affect other provisions or applications of the act that 97 can be given effect without the invalid provision or 98 application, and to this end the provisions of this act are 99 severable. 100 Section 3. This act shall take effect July 1, 2013.