Florida Senate - 2016                              CS for SB 242
       By the Committee on Health Policy; and Senators Braynon and
       588-01040-16                                           2016242c1
    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.; authorizing the University of Miami and its
    6         affiliates to establish a sterile needle and syringe
    7         exchange pilot program in Miami-Dade County;
    8         establishing the pilot program criteria; providing
    9         that the possession, distribution, or exchange of
   10         needles and syringes under the pilot program is not a
   11         violation of the Florida Comprehensive Drug Abuse
   12         Prevention and Control Act or any other law; providing
   13         conditions under which a pilot program staff member,
   14         volunteer, or participant may be prosecuted; requiring
   15         the pilot program to collect certain data; prohibiting
   16         the collection of personal identifying information
   17         from program participants; prohibiting state, county,
   18         or municipal funds from being used to operate the
   19         pilot program; requiring the pilot program to be
   20         funded through private grants and donations; providing
   21         for expiration of the pilot program; providing for
   22         severability; providing an effective date.
   24  Be It Enacted by the Legislature of the State of Florida:
   26         Section 1. This act may be cited as the “Miami-Dade
   27  Infectious Disease Elimination Act (IDEA).”
   28         Section 2. Section 381.0038, Florida Statutes, is amended
   29  to read:
   30         381.0038 Education; sterile needle and syringe exchange
   31  pilot program.—The Department of Health shall establish a
   32  program to educate the public about the threat of acquired
   33  immune deficiency syndrome.
   34         (1) The acquired immune deficiency syndrome education
   35  program shall:
   36         (a) Be designed to reach all segments of Florida’s
   37  population;
   38         (b) Contain special components designed to reach non
   39  English-speaking and other minority groups within the state;
   40         (c) Impart knowledge to the public about methods of
   41  transmission of acquired immune deficiency syndrome and methods
   42  of prevention;
   43         (d) Educate the public about transmission risks in social,
   44  employment, and educational situations;
   45         (e) Educate health care workers and health facility
   46  employees about methods of transmission and prevention in their
   47  unique workplace environments;
   48         (f) Contain special components designed to reach persons
   49  who may frequently engage in behaviors placing them at a high
   50  risk for acquiring acquired immune deficiency syndrome;
   51         (g) Provide information and consultation to state agencies
   52  to educate all state employees; and
   53         (h) Provide information and consultation to state and local
   54  agencies to educate law enforcement and correctional personnel
   55  and inmates;.
   56         (i) Provide information and consultation to local
   57  governments to educate local government employees;.
   58         (j) Make information available to private employers and
   59  encourage them to distribute this information to their
   60  employees;.
   61         (k) Contain special components which emphasize appropriate
   62  behavior and attitude change; and.
   63         (l) Contain components that include information about
   64  domestic violence and the risk factors associated with domestic
   65  violence and AIDS.
   66         (2) The education program designed by the Department of
   67  Health shall use utilize all forms of the media and shall place
   68  emphasis on the design of educational materials that can be used
   69  by businesses, schools, and health care providers in the regular
   70  course of their business.
   71         (3) The department may contract with other persons in the
   72  design, development, and distribution of the components of the
   73  education program.
   74         (4) The University of Miami and its affiliates may
   75  establish a single sterile needle and syringe exchange pilot
   76  program in Miami-Dade County. The pilot program may operate at a
   77  fixed location or through a mobile health unit. The pilot
   78  program shall offer the free exchange of clean, unused needles
   79  and hypodermic syringes for used needles and hypodermic syringes
   80  as a means to prevent the transmission of HIV, AIDS, viral
   81  hepatitis, or other blood-borne diseases among intravenous drug
   82  users and their sexual partners and offspring.
   83         (a) The pilot program must:
   84         1. Provide for maximum security of exchange sites and
   85  equipment, including an accounting of the number of needles and
   86  syringes in use, the number of needles and syringes in storage,
   87  safe disposal of returned needles, and any other measure that
   88  may be required to control the use and dispersal of sterile
   89  needles and syringes.
   90         2. Operate a one-to-one exchange, whereby the participant
   91  shall receive one sterile needle and syringe unit in exchange
   92  for each used one.
   93         3. Make available educational materials; HIV, AIDS, and
   94  viral hepatitis counseling and testing; referral services to
   95  provide education regarding the transmission of HIV, AIDS, viral
   96  hepatitis, and other blood-borne diseases; and drug abuse
   97  prevention and treatment counseling and referral services.
   98         (b) The possession, distribution, or exchange of needles or
   99  syringes as part of the pilot program established under this
  100  subsection is not a violation of any part of chapter 893 or any
  101  other law.
  102         (c) A pilot program staff member, volunteer, or participant
  103  is not immune from criminal prosecution for:
  104         1. The possession of needles or syringes that are not a
  105  part of the pilot program; or
  106         2. The redistribution of needles or syringes in any form,
  107  if acting outside the pilot program.
  108         (d) The pilot program must collect data for annual and
  109  final reporting purposes, which must include information on the
  110  number of participants served, the number of needles and
  111  syringes exchanged and distributed, the demographic profiles of
  112  the participants served, the number of participants entering
  113  drug counseling and treatment, the number of participants
  114  receiving testing for HIV, AIDS, viral hepatitis, or other
  115  blood-borne diseases, and other data deemed necessary for the
  116  pilot program. However, personal identifying information may not
  117  be collected from a participant for any purpose.
  118         (e) State, county, or municipal funds may not be used to
  119  operate the pilot program. The pilot program shall be funded
  120  through grants and donations from private resources and funds.
  121         (f) The pilot program shall expire July 1, 2020.
  122         Section 3. If any provision of this act or its application
  123  to any person or circumstance is held invalid, the invalidity
  124  does not affect other provisions or applications of the act
  125  which can be given effect without the invalid provision or
  126  application, and to this end the provisions of this act are
  127  severable.
  128         Section 4. This act shall take effect July 1, 2016.