Bill Text: FL S0366 | 2019 | Regular Session | Enrolled
Bill Title: Infectious Disease Elimination Programs
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Passed) 2019-06-27 - Chapter No. 2019-143 [S0366 Detail]
Download: Florida-2019-S0366-Enrolled.html
ENROLLED 2019 Legislature CS for CS for SB 366, 1st Engrossed 2019366er 1 2 An act relating to infectious disease elimination 3 programs; providing a short title; amending s. 4 381.0038, F.S.; providing that a county commission may 5 authorize a sterile needle and syringe exchange 6 program; defining the term “exchange program”; 7 prohibiting the establishment of an exchange program 8 under certain conditions; providing requirements for 9 establishing an exchange program; specifying entities 10 that may operate an exchange program; requiring the 11 development of an oversight and accountability system 12 for certain purposes; specifying requirements for 13 exchange programs; requiring the collection of data 14 and submission of reports; authorizing the Department 15 of Health to adopt certain rules; providing for 16 immunity from civil liability, under certain 17 circumstances; authorizing the continuation of a 18 specified pilot project under certain circumstances; 19 providing severability; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. This act may be cited as the “Infectious Disease 24 Elimination Act (IDEA).” 25 Section 2. Subsection (4) of section 381.0038, Florida 26 Statutes, is amended to read: 27 381.0038 Education; sterile needle and syringe exchange 28 programspilot program.—The Department of Health shall establish 29 a program to educate the public about the threat of acquired 30 immune deficiency syndrome. 31 (4) A county commissionThe University of Miami and its32affiliatesmay authorizeestablishasinglesterile needle and 33 syringe exchangepilotprogram to operate within its county 34 boundariesin Miami-Dade County. Thepilotprogram may operate 35 at one or more fixed locationsa fixed locationor througha36 mobile health unitsunit. Thepilotprogram shall offer the free 37 exchange of clean, unused needles and hypodermic syringes for 38 used needles and hypodermic syringes as a means to prevent the 39 transmission of HIV, AIDS, viral hepatitis, or other blood-borne 40 diseases among intravenous drug users and their sexual partners 41 and offspring. Prevention of disease transmission must be the 42 goal of the program. For the purposes of this subsection, the 43 term “exchange program” means a sterile needle and syringe 44 exchange program established by a county commission under this 45 subsection. A sterile needle and syringe exchange program may 46 not operate unless it is authorized and approved by a county 47 commission in accordance with this subsection. 48 (a) Before an exchange program may be established, a county 49 commission must: 50 1. Authorize the program under the provisions of a county 51 ordinance; 52 2. Enter into a letter of agreement with the department in 53 which the county commission agrees that any exchange program 54 authorized by the county commission will operate in accordance 55 with this subsection; 56 3. Enlist the local county health department to provide 57 ongoing advice, consultation, and recommendations for the 58 operation of the program; 59 4. Contract with one of the following entities to operate 60 the program: 61 a. A hospital licensed under chapter 395. 62 b. A health care clinic licensed under part X of chapter 63 400. 64 c. A medical school in this state accredited by the Liaison 65 Committee on Medical Education or the Commission on Osteopathic 66 College Accreditation. 67 d. A licensed addictions receiving facility as defined in 68 s. 397.311(26)(a)1. 69 e. A 501(c)(3) HIV/AIDS service organization. 70 (b)(a)An exchangeThe pilotprogram must: 71 1. Develop an oversight and accountability system to ensure 72 the program’s compliance with statutory and contractual 73 requirements. The system must include measurable objectives for 74 meeting the goal of the program and must track the progress in 75 achieving those objectives. The system must require the program 76 operator to routinely report its progress in achieving the 77 objectives and the goal of the program. The system must also 78 incorporate mechanisms to track the program operator’s 79 compliance or noncompliance with contractual obligations and to 80 apply consequences for noncompliance. The program must receive 81 the county commission’s approval of the oversight and 82 accountability system before commencing operations. 83 2.1. Provide for maximum security ofexchangesites where 84 needles and syringes are exchanged and of any equipment used 85 under the program, including, at a minimum, an accounting of the 86 number of needles and syringes in use, the number of needles and 87 syringes in storage, safe disposal of returned needles, and any 88 other measure that may be required to control the use and 89 dispersal of sterile needles and syringes. 90 3.2.Operate a one-to-one exchange, whereby athe91 participant shall receive one sterile needle and syringe unit in 92 exchange for each used one. 93 4.3.Make available educational materialsand referrals to94educationregarding the transmission of HIV, viral hepatitis, 95 and other blood-borne diseases. The program operator must offer 96 such materials to program participants whenever needles or 97 syringes are exchanged; provide referrals for drug abuse98prevention and treatment; and provide or refer for HIV and viral99hepatitis screening. 100 5. Provide onsite counseling or referrals for drug abuse 101 prevention, education, and treatment, and provide onsite HIV and 102 viral hepatitis screening or referrals for such screening. If 103 such services are offered solely by referral, they must be made 104 available to participants within 72 hours. The county commission 105 in a rural county may, under its contract with the program 106 operator, adjust the 72-hour requirement if the commission finds 107 that the availability of providers warrants an extended 108 timeframe. 109 6. Provide kits containing an emergency opioid antagonist, 110 as defined in s. 381.887, or provide referrals to a program that 111 can provide such kits. 112 7. Collect data for annual reporting purposes. The data 113 must include the number of participants served; the number of 114 used needles and syringes received and the number of clean, 115 unused needles and syringes distributed through exchange with 116 participants; the demographic profiles of the participants 117 served; the number of participants entering drug counseling or 118 treatment; the number of participants receiving testing for HIV, 119 AIDS, viral hepatitis, or other blood-borne diseases; and other 120 data that may be required under department rule. However, a 121 participant’s personal identifying information may not be 122 collected for any purpose. Each exchange program shall submit a 123 report to its county commission and to the department by August 124 1 annually. The department shall submit a compilation report 125 encompassing data from all exchange programs annually by October 126 1 to the Governor, the President of the Senate, and the Speaker 127 of the House of Representatives. The department may adopt rules 128 to implement this subparagraph. 129 (c)(b)The possession, distribution, or exchange of needles 130 or syringes as part of an exchangethe pilotprogram established 131 under this subsection is not a violation of any part of chapter 132 893 or any other law. 133 (d)(c)An exchangeA pilotprogram staff member, volunteer, 134 or participant is not immune from criminal prosecution for: 135 1. The possession of needles or syringes that are not a 136 part of the exchangepilotprogram; or 137 2. The redistribution of needles or syringes in any form, 138 if acting outside the exchangepilotprogram. 139(d) The pilot program must collect data for quarterly,140annual, and final reporting purposes. The annual report must141include information on the number of participants served, the142number of needles and syringes exchanged and distributed, the143demographic profiles of the participants served, the number of144participants entering drug counseling and treatment; the number145of participants receiving testing for HIV, AIDS, viral146hepatitis, or other blood-borne diseases; and other data147necessary for the pilot program. However, personal identifying148information may not be collected from a participant for any149purpose. Quarterly reports must be submitted to the Department150of Health in Miami-Dade County by October 15, January 15, April15115, and July 15 of each year. An annual report must be submitted152to the Department of Health by August 1 every year until the153program expires. A final report is due on August 1, 2021, to the154Department of Health and must describe the performance and155outcomes of the pilot program and include a summary of the156information in the annual reports for all pilot program years.157 (e) A law enforcement officer acting in good faith who 158 arrests or charges a person who is thereafter determined to be 159 immune from prosecution under this section shall be immune from 160 civil liability that might otherwise be incurred or imposed by 161 reason of the officer’s actions. 162 (f)(e)State, county, or municipal funds may not be used to 163 operate an exchangethe pilotprogram. Exchange programsThe164pilot programshall be funded through grants and donations from 165 private resources and funds. 166(f) The pilot program shall expire July 1, 2021.167 Section 3. Notwithstanding s. 381.0038(4), Florida 168 Statutes, as amended by this act, the pilot program established 169 in Miami-Dade County under chapter 2016-68, Laws of Florida, may 170 continue to operate under that chapter until the Miami-Dade 171 County Board of County Commissioners establishes an exchange 172 program as defined under this act or until July 1, 2021, 173 whichever occurs first. 174 Section 4. If any provision of this act or its application 175 to any person or circumstance is held invalid, the invalidity 176 does not affect other provisions or applications of the act 177 which can be given effect without the invalid provision or 178 application, and to this end the provisions of this act are 179 severable. 180 Section 5. This act shall take effect July 1, 2019.