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