Bill Text: CA SB1090 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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
BILL NUMBER: SB 1090 AMENDED BILL TEXT AMENDED IN SENATE JUNE 1, 2016 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, and to repeal and add Section 120525 of, the Health and Safety Code, relating to sexually transmitted diseases. LEGISLATIVE COUNSEL'S DIGEST SB 1090, as amended, Mitchell. Sexually transmitted diseases: outreach and screening services. 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 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 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 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 applicable to the county 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 thebill.bill and would limit the department's expenditures on administrative costs to no more than 10% of the funds appropriated by the Legislature for this purpose. 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, 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 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 sexually transmitted diseases with 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. 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 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, 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. (d) The department shall spend no more than 10 percent of any funds appropriated by the Legislature for purposes of this section for administrative costs. 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 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. 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 sexually transmitted disease cases, when, in the opinion of the department or the local health officer having jurisdiction, persons infected with 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, or suspected of being infected, with a 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 a person subject to proper sexually transmitted disease control measures discontinues any control procedure required by this chapter, the agency administering the procedure, prior to the 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 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. 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. That person, along with any person treating him or her, shall be exempt from all provisions of this chapter regarding 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 a sexually transmitted disease may not engage, shall apply.