Bill Text: CA SB1090 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sexually transmitted diseases: outreach and screening services.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1090 Detail]

Download: California-2015-SB1090-Amended.html

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BILL NUMBER: SB 1090	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2016

INTRODUCED BY   Senator Mitchell

                        FEBRUARY 17, 2016

   An act to  amend Sections 120500, 120505, 120510, 120515,
120535, 120540, 120565, 120575, and 120605 of, to  add Section
120511  to   to, and to repeal and add Section
120525 of,  the Health  And   and 
Safety Code, relating to sexually transmitted diseases.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1090, as amended, Mitchell. Sexually transmitted diseases:
outreach and screening services. 
   Existing law 
    The existing Communicable Disease Prevention and Control Act
defines the term "venereal disease" to mean syphilis, gonorrhea,
chancroid, lymphopathia venereum, granuloma inguinale, and chlamydia.
Existing law  requires the State Department of Public Health to
develop and review plans and participate in a program for the
prevention and control of venereal disease, and authorizes the
department to establish, maintain, and subsidize clinics,
dispensaries, and prophylactic stations for the diagnosis, treatment,
and prevention of venereal disease.
   This bill  would delete the term "venereal disease" and would
instead use the term "sexually transmitted diseases" (STDs), which
would be defined as diseases that are primarily transmitted through
sexual contact. The bill  would require the department, to the
extent funds are appropriated by the Legislature, to allocate grants
to  counties for sexually transmitted disease (STD) 
 local health jurisdictions for STD  outreach and screening
services. The bill would target and prioritize  the allocation
of funds to  counties based on population and incidence of STDs
and  allocate   would require the allocation of
 funds to targeted counties to balance the need to spread
funding to as many counties as possible and the need to provide
meaningful services to each funded county. If a targeted county
declines a grant, the bill would authorize the department to solicit
proposals from community-based organizations to provide outreach and
screening  services. Specified   services and
would provide that any funding provided to community-based
organizations may supplement, but not supplant, the authority of the
local health jurisdiction to conduct surveillance and
surveillance-based disease intervention for STDs. The bill would make
specified  mandates and accountability measures  would
apply   applicable  to the county  of
  and to  the community-based organization when
providing the outreach and screening services.
   This bill would require the department to authorize innovative and
impactful  outreach and  screening services, such as
voluntary screening of inmates and wards of county adult and juvenile
corrections facilities, and use of state-of-the-art testing
modalities. The bill would require the department to use the
accountability measures developed under the bill in order to monitor
the activities funded by the bill. 
   The bill would also delete obsolete provisions and make conforming
changes. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 120500 of the   Health
and Safety Code   is amended to read: 
   120500.  As used in the Communicable Disease Prevention and
Control  Act (Section 27) "venereal diseases" means syphilis,
gonorrhea, chancroid, lymphopathia venereum, granuloma inguinale,
and chlamydia.   Act, defined in Section 27, "sexually
transmitted diseases" means diseases that are primarily transmitted
through sexual contact. 
  SEC. 2.    Section 120505 of the   Health and
Safety Code   is amended to read: 
   120505.  The department shall develop and review plans and provide
leadership and consultation for, and participate in, a program for
the prevention and control of  venereal disease. 
 sexually transmitted diseases. 
   SEC. 3.    Section 120510 of the   Health
and Safety Code   is amended to read: 
   120510.  The department shall cooperate in the prevention,
control, and cure of  venereal   sexually
transmitted  diseases with  physicians and surgeons;
medical schools; public and private hospitals, dispensaries, and
clinics; public and private school, college and university
authorities; penal and charitable institutions; reform and industrial
schools; detention homes; federal, state, local and district health
officers, and boards of health, and all other health authorities;
institutions caring for the mentally ill; and with any other persons,
institutions, or agencies.   all of the following:

   (a) Physicians and surgeons.
   (b) Medical schools.
   (c) Public and private hospitals, dispensaries, and clinics.
   (d) Administrators of public and private elementary and secondary
schools and public and private postsecondary educational
institutions.
   (e) Penal and charitable institutions.
   (f) Detention homes.
   (g) Federal, state, local, and district health officers, boards of
health, and all other health authorities.
   (h) Institutions caring for the mentally ill.
   (i) Any other persons, institutions, or agencies.
   SECTION 1.   SEC. 4.   Section 120511 is
added to the Health and Safety Code, to read:
   120511.  (a) To the extent funds are appropriated by the
Legislature for these purposes, the department shall allocate funds
to  counties   local health jurisdictions 
for sexually transmitted disease outreach and screening services in
accordance with the following:
   (1) Counties shall be targeted and prioritized based on population
and incidence of sexually transmitted diseases.
   (2) Funds shall be allocated to targeted counties in a manner that
balances the need to spread funding to as many counties as possible
and the need to provide meaningful services to each funded county.
   (3) Each recipient county shall demonstrate to the department that
the county has done all of the following:
   (A) Identified priority target populations.
   (B) Satisfactorily described its outreach protocols.
   (C) Included community-based partners for outreach and screening.
   (D) Allocated resources for laboratory costs.
   (4) The department shall develop measures for each county funded
pursuant to this section to demonstrate accountability.
   (5) If a county declines the grant, the department may solicit
proposals from community-based organizations to provide outreach and
screening services in accordance with the same mandates and
accountability measures applicable to the counties pursuant to
paragraphs (3) and (4).  Any funding provided to a
community-based organization pursuant to this paragraph may
supplement, but does not supplant, the authority of a local health
jurisdiction to conduct surveillance and surveillance-based disease
intervention for sexually transmitted diseases. 
   (b) The department shall authorize innovative and impactful
outreach and screening services, including, but not limited to, the
following:
   (1) Voluntary screening for sexually transmitted diseases among
inmates and wards of county adult and juvenile correctional
facilities.
   (2) Social media platforms that allow a person to receive test
results, share test results with partners, access treatment 
services   services,  and reduce administrative
costs.
   (3) State-of-the-art testing modalities that ensure swift and
accurate screening for sexually transmitted diseases.
   (4) Community-based testing and disease investigation.
   (c) The department shall monitor activities in funded counties,
based on the accountability measures required under paragraph (4) of
subdivision (a) in order to assess the effectiveness of outreach and
screening efforts.
   SEC. 5.    Section 120515 of the   Health
and Safety Code   is amended to read: 
   120515.  The department shall investigate conditions affecting the
prevention and control of  venereal   sexually
transmitted  diseases and approved procedures for prevention and
control, and shall disseminate educational information relative
thereto.
   SEC. 6.    Section 120525 of the   Health
and Safety Code   is repealed.  
   120525.  The department may establish, maintain, and subsidize
clinics, dispensaries, and prophylactic stations for the diagnosis,
treatment, and prevention of venereal diseases, and may provide
medical, advisory, financial, or other assistance to the clinics,
dispensaries, and stations as may be approved by it. No clinic,
dispensary, or prophylactic station shall be approved unless it meets
the requirements of the board and complies with its regulations.

   SEC. 7.    Section 120525 is added to the  
Health and Safety Code   , to read:  
   120525.  The department may provide medical, advisory, financial,
or other assistance to organizations as may be approved by it. 
   SEC. 8.    Section 120535 of the  Health and
Safety Code   is amended to read: 
   120535.  Any state agency conducting a public hospital shall admit
acute  venereal   sexually transmitted 
disease cases, when, in the opinion of the department or the local
health officer having jurisdiction, persons infected with 
venereal disease   a sexually transmitted disease 
may be a menace to public health.
   SEC. 9.   Section 120540 of the   Health and
Safety Code   is amended to read: 
   120540.  The department may require any physician in attendance on
a person  infected   infected,  or
suspected of being  infected   infected, 
with a  venereal   sexually transmitted 
disease infection to submit specimens as may be designated for
examination, when in its opinion the procedure is reasonably
necessary to carry out the provisions and purposes of this chapter.
   SEC. 10.    Section 120565 of the   Health
and Safety Code   is amended to read: 
   120565.  If  any   a  person subject to
proper  venereal   sexually transmitted 
disease control measures discontinues any control procedure required
by this chapter, the agency administering the  procedure
  procedure,  prior to the  discontinuance
  discontinuance,  shall make reasonable efforts to
determine whether the person is continuing to comply with the
procedure elsewhere.
   SEC. 11.    Section 120575 of the   Health
and Safety Code   is amended to read: 
   120575.  It is the duty of the local health officers to use every
available means to ascertain the existence of cases of infectious
 venereal   sexually transmitted  diseases
within their respective jurisdictions, to investigate all cases that
are not, or probably are not, subject to proper control measures
approved by the board, to ascertain so far as possible all sources of
infection, and to take all measures reasonably necessary to prevent
the transmission of infection.
   SEC. 12.    Section 120605 of the   Health
and Safety Code   is amended to read: 
   120605.   Nothing in this   This 
chapter shall  not  be construed to interfere with the
freedom of any adherent of teachings of any well-recognized religious
sect, denomination, or organization to depend exclusively upon
prayer for healing in accordance with the teachings of the religious
sect, denomination, or organization.  Any such  
That person, along with any person treating him or her, shall
be exempt from all provisions of this chapter regarding 
venereal   sexually transmitted  diseases, except
that the provisions of this code and the regulations of the board
regarding compulsory reporting of communicable diseases and the
quarantine of those diseases, and regarding callings that a person
with  venereal   a sexually transmitted 
disease may not engage, shall apply.