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 Counties County. 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.

feedback