Florida Senate - 2014                                     SB 408
       By Senator Braynon
       36-00457-14                                            2014408__
    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.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 381.0038, Florida Statutes, is amended
   24  to read:
   25         381.0038 Education; needle and syringe exchange pilot
   26  program.—The Department of Health shall establish a program to
   27  educate the public about the threat of acquired immune
   28  deficiency syndrome and a sterile needle and syringe exchange
   29  pilot program.
   30         (1) The acquired immune deficiency syndrome education
   31  program shall:
   32         (a) Be designed to reach all segments of Florida’s
   33  population;
   34         (b) Contain special components designed to reach non
   35  English-speaking and other minority groups within the state;
   36         (c) Impart knowledge to the public about methods of
   37  transmission of acquired immune deficiency syndrome and methods
   38  of prevention;
   39         (d) Educate the public about transmission risks in social,
   40  employment, and educational situations;
   41         (e) Educate health care workers and health facility
   42  employees about methods of transmission and prevention in their
   43  unique workplace environments;
   44         (f) Contain special components designed to reach persons
   45  who may frequently engage in behaviors placing them at a high
   46  risk for acquiring acquired immune deficiency syndrome;
   47         (g) Provide information and consultation to state agencies
   48  to educate all state employees; and
   49         (h) Provide information and consultation to state and local
   50  agencies to educate law enforcement and correctional personnel
   51  and inmates.
   52         (i) Provide information and consultation to local
   53  governments to educate local government employees.
   54         (j) Make information available to private employers and
   55  encourage them to distribute this information to their
   56  employees.
   57         (k) Contain special components which emphasize appropriate
   58  behavior and attitude change.
   59         (l) Contain components that include information about
   60  domestic violence and the risk factors associated with domestic
   61  violence and AIDS.
   62         (2) The education program designed by the Department of
   63  Health shall utilize all forms of the media and shall place
   64  emphasis on the design of educational materials that can be used
   65  by businesses, schools, and health care providers in the regular
   66  course of their business.
   67         (3) The department may contract with other persons in the
   68  design, development, and distribution of the components of the
   69  education program.
   70         (4) The department shall establish a sterile needle and
   71  syringe exchange pilot program in Miami-Dade County. The pilot
   72  program shall be administered by the department or the
   73  department’s designee. The department may designate one of the
   74  following entities to operate the pilot program at a fixed
   75  location or through a mobile health unit: a hospital licensed
   76  under chapter 395, a health care clinic licensed under part X of
   77  chapter 400, a substance abuse treatment program, an HIV or AIDS
   78  service organization, or another nonprofit entity designated by
   79  the department. The pilot program shall offer the free exchange
   80  of clean, unused needles and hypodermic syringes for used
   81  needles and hypodermic syringes as a means to prevent the
   82  transmission of HIV, AIDS, viral hepatitis, or other blood-borne
   83  diseases among intravenous drug users and their sexual partners
   84  and offspring.
   85         (a) The pilot program shall:
   86         1. Provide for maximum security of exchange sites and
   87  equipment, including an accounting of the number of needles and
   88  syringes in use, the number of needles and syringes in storage,
   89  safe disposal of returned needles, and any other measure that
   90  may be required to control the use and dispersal of sterile
   91  needles and syringes.
   92         2. Strive for a one-to-one exchange, whereby the
   93  participant shall receive one sterile needle and syringe unit in
   94  exchange for each used one.
   95         3. Make available educational materials; HIV counseling and
   96  testing; referral services to provide education regarding HIV,
   97  AIDS, and viral hepatitis transmission; and drug-use prevention
   98  and treatment.
   99         (b) Notwithstanding any other provision of law, the
  100  possession, distribution, or exchange of needles or syringes as
  101  part of a needle and syringe exchange pilot program established
  102  by the department or the department’s designee is not a
  103  violation of any part of chapter 893 or any other law.
  104         (c) A needle and syringe exchange pilot program staff
  105  member, volunteer, or participant is not immune from criminal
  106  prosecution for:
  107         1. The possession of needles or syringes that are not a
  108  part of the exchange pilot program; or
  109         2. Redistribution of needles or syringes in any form, if
  110  acting outside the pilot program.
  111         (d) The pilot program shall collect data for annual and
  112  final reporting purposes, which shall include information on the
  113  number of participants served, the number of needles and
  114  syringes exchanged and distributed, the demographic profiles of
  115  the participants served, the number of participants entering
  116  drug counseling and treatment, the number of participants
  117  receiving HIV, AIDS, or viral hepatitis testing, and other data
  118  deemed necessary for the pilot program. However, personal
  119  identifying information may not be collected from a participant
  120  for any purpose.
  121         (e) State funds may not be used to operate the pilot
  122  program. The pilot program shall be funded through grants and
  123  donations from private resources and funds.
  124         (f) The pilot program shall expire July 1, 2019. Six months
  125  before the pilot program expires, the Office of Program Policy
  126  Analysis and Government Accountability shall submit a report to
  127  the President of the Senate and the Speaker of the House of
  128  Representatives which includes the data collection requirements
  129  established in this subsection; the rates of HIV, AIDS, viral
  130  hepatitis, or other blood-borne diseases before the pilot
  131  program began and every subsequent year thereafter; and a
  132  recommendation on whether to continue the pilot program.
  133         (g) The department may adopt and develop rules to
  134  administer this subsection.
  135         Section 2. If any provision of this act or its application
  136  to any person or circumstance is held invalid, the invalidity
  137  does not affect other provisions or applications of the act that
  138  can be given effect without the invalid provision or
  139  application, and to this end the provisions of this act are
  140  severable.
  141         Section 3. This act shall take effect July 1, 2014.