Florida Senate - 2018                                     SB 800
       By Senator Braynon
       35-00461-18                                            2018800__
    1                        A bill to be entitled                      
    2         An act relating to infectious disease elimination
    3         pilot programs; providing a short title; amending s.
    4         381.0038, F.S.; authorizing the Department of Health
    5         to establish sterile needle and syringe exchange pilot
    6         programs upon request from eligible entities, rather
    7         than a single program established in Miami-Dade
    8         County; specifying who may be designated to operate a
    9         program; providing for the expiration of all pilot
   10         programs; providing for severability; providing an
   11         effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. This act may be cited as the “Florida Infectious
   16  Disease Elimination Act (IDEA).
   17         Section 2. Subsection (4) of section 381.0038, Florida
   18  Statutes, is amended to read:
   19         381.0038 Education; sterile needle and syringe exchange
   20  pilot program.—The Department of Health shall establish a
   21  program to educate the public about the threat of acquired
   22  immune deficiency syndrome.
   23         (4) The department University of Miami and its affiliates
   24  may establish a single sterile needle and syringe exchange pilot
   25  program upon request from an eligible entity in Miami-Dade
   26  County. Each pilot program must be administered by the
   27  department, or the department may designate one of the following
   28  eligible entities to operate the pilot program may operate at a
   29  fixed location or through a mobile health unit: a hospital
   30  licensed under chapter 395, a health care clinic licensed under
   31  part X of chapter 400, a substance abuse treatment program, an
   32  HIV or AIDS service organization, or another nonprofit entity
   33  designated by the department. Each The pilot program shall offer
   34  the free exchange of clean, unused needles and hypodermic
   35  syringes for used needles and hypodermic syringes as a means to
   36  prevent the transmission of HIV, AIDS, viral hepatitis, or other
   37  blood-borne diseases among intravenous drug users and their
   38  sexual partners and offspring.
   39         (a) Each The pilot program must:
   40         1. Provide for maximum security of exchange sites and
   41  equipment, including an accounting of the number of needles and
   42  syringes in use, the number of needles and syringes in storage,
   43  safe disposal of returned needles, and any other measure that
   44  may be required to control the use and dispersal of sterile
   45  needles and syringes.
   46         2. Operate a one-to-one exchange, whereby the participant
   47  shall receive one sterile needle and syringe unit in exchange
   48  for each used one.
   49         3. Make available educational materials and referrals to
   50  education regarding the transmission of HIV, viral hepatitis,
   51  and other blood-borne diseases; provide referrals for drug abuse
   52  prevention and treatment; and provide or refer for HIV and viral
   53  hepatitis screening.
   54         (b) The possession, distribution, or exchange of needles or
   55  syringes as part of each the pilot program established under
   56  this subsection is not a violation of any part of chapter 893 or
   57  any other law.
   58         (c) A pilot program staff member, volunteer, or participant
   59  is not immune from criminal prosecution for:
   60         1. The possession of needles or syringes that are not a
   61  part of the pilot program; or
   62         2. The redistribution of needles or syringes in any form,
   63  if acting outside the pilot program.
   64         (d) Each The pilot program must collect data for quarterly,
   65  annual, and final reporting purposes. The annual report must
   66  include information on the number of participants served, the
   67  number of needles and syringes exchanged and distributed, the
   68  demographic profiles of the participants served, the number of
   69  participants entering drug counseling and treatment; the number
   70  of participants receiving testing for HIV, AIDS, viral
   71  hepatitis, or other blood-borne diseases; and other data
   72  necessary for the pilot program. However, personal identifying
   73  information may not be collected from a participant for any
   74  purpose. Quarterly reports must be submitted to the department
   75  of Health in Miami-Dade County by October 15, January 15, April
   76  15, and July 15 of each year. An annual report must be submitted
   77  to the department of Health by August 1 every year until the
   78  program expires. A final report is due on August 1, 2023 2021,
   79  to the department of Health and must describe the performance
   80  and outcomes of the pilot program and include a summary of the
   81  information in the annual reports for all pilot program years.
   82         (e) State, county, or municipal funds may not be used to
   83  operate a the pilot program. A The pilot program must shall be
   84  funded through grants and donations from private resources and
   85  funds.
   86         (f) All The pilot programs program shall expire July 1,
   87  2023 2021.
   88         Section 3. If any provision of this act or its application
   89  to any person or circumstance is held invalid, the invalidity
   90  does not affect other provisions or applications of the act
   91  which can be given effect without the invalid provision or
   92  application, and to this end the provisions of this act are
   93  severable.
   94         Section 4. This act shall take effect July 1, 2018.