2016 Legislature             CS for CS for SB 242, 1st Engrossed
    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 for
   16         reporting purposes; prohibiting the collection of
   17         personal identifying information from program
   18         participants; requiring the university and its
   19         affiliates to submit quarterly and annual reports to
   20         the Department of Health; requiring the university and
   21         its affiliates to submit a final report containing
   22         certain information and summaries to the department;
   23         prohibiting state, county, or municipal funds from
   24         being used to operate the pilot program; requiring the
   25         pilot program to be funded through private grants and
   26         donations; providing for expiration of the pilot
   27         program; providing for severability; providing an
   28         effective date.
   30  Be It Enacted by the Legislature of the State of Florida:
   32         Section 1. This act may be cited as the “Miami-Dade
   33  Infectious Disease Elimination Act (IDEA).”
   34         Section 2. Section 381.0038, Florida Statutes, is amended
   35  to read:
   36         381.0038 Education; sterile needle and syringe exchange
   37  pilot program.—The Department of Health shall establish a
   38  program to educate the public about the threat of acquired
   39  immune deficiency syndrome.
   40         (1) The acquired immune deficiency syndrome education
   41  program shall:
   42         (a) Be designed to reach all segments of Florida’s
   43  population;
   44         (b) Contain special components designed to reach non
   45  English-speaking and other minority groups within the state;
   46         (c) Impart knowledge to the public about methods of
   47  transmission of acquired immune deficiency syndrome and methods
   48  of prevention;
   49         (d) Educate the public about transmission risks in social,
   50  employment, and educational situations;
   51         (e) Educate health care workers and health facility
   52  employees about methods of transmission and prevention in their
   53  unique workplace environments;
   54         (f) Contain special components designed to reach persons
   55  who may frequently engage in behaviors placing them at a high
   56  risk for acquiring acquired immune deficiency syndrome;
   57         (g) Provide information and consultation to state agencies
   58  to educate all state employees; and
   59         (h) Provide information and consultation to state and local
   60  agencies to educate law enforcement and correctional personnel
   61  and inmates;.
   62         (i) Provide information and consultation to local
   63  governments to educate local government employees;.
   64         (j) Make information available to private employers and
   65  encourage them to distribute this information to their
   66  employees;.
   67         (k) Contain special components which emphasize appropriate
   68  behavior and attitude change; and.
   69         (l) Contain components that include information about
   70  domestic violence and the risk factors associated with domestic
   71  violence and AIDS.
   72         (2) The education program designed by the Department of
   73  Health shall use utilize all forms of the media and shall place
   74  emphasis on the design of educational materials that can be used
   75  by businesses, schools, and health care providers in the regular
   76  course of their business.
   77         (3) The department may contract with other persons in the
   78  design, development, and distribution of the components of the
   79  education program.
   80         (4) The University of Miami and its affiliates may
   81  establish a single sterile needle and syringe exchange pilot
   82  program in Miami-Dade County. The pilot program may operate at a
   83  fixed location or through a mobile health unit. The pilot
   84  program shall offer the free exchange of clean, unused needles
   85  and hypodermic syringes for used needles and hypodermic syringes
   86  as a means to prevent the transmission of HIV, AIDS, viral
   87  hepatitis, or other blood-borne diseases among intravenous drug
   88  users and their sexual partners and offspring.
   89         (a) The pilot program must:
   90         1. Provide for maximum security of exchange sites and
   91  equipment, including an accounting of the number of needles and
   92  syringes in use, the number of needles and syringes in storage,
   93  safe disposal of returned needles, and any other measure that
   94  may be required to control the use and dispersal of sterile
   95  needles and syringes.
   96         2. Operate a one-to-one exchange, whereby the participant
   97  shall receive one sterile needle and syringe unit in exchange
   98  for each used one.
   99         3. Make available educational materials and referrals to
  100  education regarding the transmission of HIV, viral hepatitis,
  101  and other blood-borne diseases; provide referrals for drug abuse
  102  prevention and treatment; and provide or refer for HIV and viral
  103  hepatitis screening.
  104         (b) The possession, distribution, or exchange of needles or
  105  syringes as part of the pilot program established under this
  106  subsection is not a violation of any part of chapter 893 or any
  107  other law.
  108         (c) A pilot program staff member, volunteer, or participant
  109  is not immune from criminal prosecution for:
  110         1. The possession of needles or syringes that are not a
  111  part of the pilot program; or
  112         2. The redistribution of needles or syringes in any form,
  113  if acting outside the pilot program.
  114         (d) The pilot program must collect data for quarterly,
  115  annual, and final reporting purposes. The annual report must
  116  include information on the number of participants served, the
  117  number of needles and syringes exchanged and distributed, the
  118  demographic profiles of the participants served, the number of
  119  participants entering drug counseling and treatment; the number
  120  of participants receiving testing for HIV, AIDS, viral
  121  hepatitis, or other blood-borne diseases; and other data
  122  necessary for the pilot program. However, personal identifying
  123  information may not be collected from a participant for any
  124  purpose. Quarterly reports must be submitted to the Department
  125  of Health in Miami-Dade County by October 15, January 15, April
  126  15, and July 15 of each year. An annual report must be submitted
  127  to the Department of Health by August 1 every year until the
  128  program expires. A final report is due on August 1, 2021, to the
  129  Department of Health and must describe the performance and
  130  outcomes of the pilot program and include a summary of the
  131  information in the annual reports for all pilot program years.
  132         (e) State, county, or municipal funds may not be used to
  133  operate the pilot program. The pilot program shall be funded
  134  through grants and donations from private resources and funds.
  135         (f) The pilot program shall expire July 1, 2021.
  136         Section 3. If any provision of this act or its application
  137  to any person or circumstance is held invalid, the invalidity
  138  does not affect other provisions or applications of the act
  139  which can be given effect without the invalid provision or
  140  application, and to this end the provisions of this act are
  141  severable.
  142         Section 4. This act shall take effect July 1, 2016.