BILL NUMBER: SB 1090 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN SENATE JUNE 1, 2016
AMENDED IN SENATE APRIL 12, 2016
INTRODUCED BY Senator Mitchell
(Coauthors: Assembly Members Cristina Garcia, Gipson, and
Williams)
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
outreach, screening, and other core 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. 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
outreach, screening, and other core services.
This bill would require the department to
provide that the department, in awarding funds pursuant to these
provisions, may authorize innovative and impactful
outreach and screening outreach, screening, and other
core 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 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: outreach, screening, and other core
services in accordance, to the extent possible, 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. outreach, screening, and other core
services.
(D) Allocated resources for laboratory costs.
(4) The department shall develop measures for each county funded
pursuant to this section to demonstrate accountability.
(b) The department shall In awarding funds
pursuant to subdivision (a), the department may authorize
innovative and impactful outreach and screening
outreach, screening, and other core 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. The department may provide assistance or guidance to
the local health jurisdiction if necessary to secure participation
by other county agencies.
(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 outreach, screening, and other
core services 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.
(e) It is the intent of the Legislature that the services
identified in this section are to enhance the services that are
already provided. Therefore, nothing in this section shall be
construed to require the department to replace existing services with
the services provided for in subdivision (a) or to prevent the
department from adding new services as may be appropriate.
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.