Bill Text: FL S1320 | 2018 | Regular Session | Introduced
Bill Title: Sterile Needle and Syringe Exchange Pilot Program
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2018-03-10 - Died in Health Policy [S1320 Detail]
Download: Florida-2018-S1320-Introduced.html
Florida Senate - 2018 SB 1320 By Senator Braynon 35-01512-18 20181320__ 1 A bill to be entitled 2 An act relating to the Sterile Needle and Syringe 3 Exchange Pilot Program; amending s. 381.0038, F.S.; 4 authorizing the pilot program established by the 5 University of Miami and its affiliates to serve Palm 6 Beach County in addition to Miami-Dade County; 7 requiring certain quarterly reports to be submitted to 8 the Department of Health in Palm Beach County on or 9 before specified dates; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (4) of section 381.0038, Florida 14 Statutes, is amended to read: 15 381.0038 Education; sterile needle and syringe exchange 16 pilot program.—The Department of Health shall establish a 17 program to educate the public about the threat of acquired 18 immune deficiency syndrome. 19 (4) The University of Miami and its affiliates may 20 establish a single sterile needle and syringe exchange pilot 21 program in Miami-Dade and Palm Beach CountiesCounty. The pilot 22 program may operate at a fixed location or through a mobile 23 health unit. The pilot program shall offer the free exchange of 24 clean, unused needles and hypodermic syringes for used needles 25 and hypodermic syringes as a means to prevent the transmission 26 of HIV, AIDS, viral hepatitis, or other blood-borne diseases 27 among intravenous drug users and their sexual partners and 28 offspring. 29 (a) The pilot program must: 30 1. Provide for maximum security of exchange sites and 31 equipment, including an accounting of the number of needles and 32 syringes in use, the number of needles and syringes in storage, 33 safe disposal of returned needles, and any other measure that 34 may be required to control the use and dispersal of sterile 35 needles and syringes. 36 2. Operate a one-to-one exchange, whereby the participant 37 shall receive one sterile needle and syringe unit in exchange 38 for each used one. 39 3. Make available educational materials and referrals to 40 education regarding the transmission of HIV, viral hepatitis, 41 and other blood-borne diseases; provide referrals for drug abuse 42 prevention and treatment; and provide or refer for HIV and viral 43 hepatitis screening. 44 (b) The possession, distribution, or exchange of needles or 45 syringes as part of the pilot program established under this 46 subsection is not a violation of any part of chapter 893 or any 47 other law. 48 (c) A pilot program staff member, volunteer, or participant 49 is not immune from criminal prosecution for: 50 1. The possession of needles or syringes that are not a 51 part of the pilot program; or 52 2. The redistribution of needles or syringes in any form, 53 if acting outside the pilot program. 54 (d) The pilot program must collect data for quarterly, 55 annual, and final reporting purposes. The annual report must 56 include information on the number of participants served, the 57 number of needles and syringes exchanged and distributed, the 58 demographic profiles of the participants served, the number of 59 participants entering drug counseling and treatment; the number 60 of participants receiving testing for HIV, AIDS, viral 61 hepatitis, or other blood-borne diseases; and other data 62 necessary for the pilot program. However, personal identifying 63 information may not be collected from a participant for any 64 purpose. Quarterly reports must be submitted to the Department 65 of Health in Miami-Dade County and in Palm Beach County by 66 October 15, January 15, April 15, and July 15 of each year. An 67 annual report must be submitted to the Department of Health by 68 August 1 every year until the program expires. A final report is 69 due on August 1, 2021, to the Department of Health and must 70 describe the performance and outcomes of the pilot program and 71 include a summary of the information in the annual reports for 72 all pilot program years. 73 (e) State, county, or municipal funds may not be used to 74 operate the pilot program. The pilot program shall be funded 75 through grants and donations from private resources and funds. 76 (f) The pilot program shall expire July 1, 2021. 77 Section 2. This act shall take effect upon becoming a law.