SB 800 — Infectious Disease Elimination Pilot Program

Florida Senate - 2018 SB 800 ByFirst SenatorEngrossed Braynon2018800e1 35-00461-18 2018800__ A bill to be entitled An act relating to an infectious disease elimination pilot programs;program;

providing a short title;

authorizing the DepartmentUniversity of HealthMiami and its affiliates to establish sterile needle and syringe exchange pilot programs uponin requestBroward fromCounty eligibleand entities,Palm ratherBeach than a single program established in Miami-Dade County;

specifyingestablishing whothe maypilot beprogram designatedcriteria; to operate a program;

providing forthat the expirationpossession, distribution, or exchange of allneedles and syringes under the pilot programs;program is not a violation of the Florida Comprehensive Drug Abuse Prevention and Control Act or any other law;

providing forconditions severability;under which a pilot program staff member, volunteer, or participant may be prosecuted;

requiring the pilot program to collect certain data for reporting purposes;

prohibiting the collection of personal identifying information from program participants;

requiring the university and its affiliates to submit quarterly and annual reports to the Department of Health;

requiring the university and its affiliates to submit a final report containing certain information and summaries to the department;

prohibiting use of state, county, or municipal funds to operate the pilot program;

requiring the pilot program to be funded through private grants and donations;

providing for expiration of the pilot program;

1328 Be It Enacted by the Legislature of the State of Florida:

1530 Section 1. This1. Subsection act may be cited as the “Florida Infectious Disease Elimination Act (IDEA).” Section 2. Subsection (4) of section 381.0038, Florida Statutes, is amended to read:

(4) The department University of Miami and its affiliates may establish a single sterile needle and syringe exchange pilot program uponin requestMiami-Dade fromCounty, anBroward eligibleCounty, entityand inPalm Miami-DadeBeach County.

EachThe pilot program must be administered by the department, or the department may designate one of the following eligible entities to operate the pilot program may operate at a fixed location or through a mobile health unit:unit.

aThe hospitalpilot licensedprogram undershall chapteroffer 395,the afree healthexchange careof clinicclean, licensedunused underneedles partand Xhypodermic ofsyringes chapterfor 400,used needles and hypodermic syringes as a substancemeans abuseto treatmentprevent program,the antransmission HIVof orHIV, AIDSAIDS, serviceviral organization,hepatitis, or anotherother nonprofitblood entityborne designateddiseases byamong theintravenous department.drug users and their sexual partners and offspring.

Each(a) The The pilot program shallmust: offer the free exchange of clean, unused needles and hypodermic syringes for used needles and hypodermic syringes as a means to prevent the transmission of HIV, AIDS, viral hepatitis, or other blood-borne diseases among intravenous drug users and their sexual partners and offspring.

(a) Each The pilot program must:

(b) The possession, distribution, or exchange of needles or syringes as part of each the pilot program established under this subsection is not a violation of any part of chapter 893 or any other law.

(d) Each(d) The The pilot program must collect data for quarterly, annual, and final reporting purposes.

Quarterly reports must be submitted to the departmentDepartment of Health in Miami-Dade County by October 15, January 15, April 15, and July 15 of each year.

An annual report must be submitted to the departmentDepartment of Health by August 1 every year until the program expires.

A final report is due on August 1, 2023 2021, to the departmentDepartment of Health and must describe the performance and outcomes of the pilot program and include a summary of the information in the annual reports for all pilot program years.

(e) State, county, or municipal funds may not be used to operate a the pilot program.

A The pilot program must shall be funded through grants and donations from private resources and funds.

(f) All(f) The The pilot programs program shall expire July 1, 2023 2021.

Section 3. If2. This any provision of this act orshall itstake application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect withoutJuly the1, invalid2018. provision or application, and to this end the provisions of this act are severable.

Section 4. This act shall take effect July 1, 2018.