Senate Bill sb1120

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    Florida Senate - 2006                                  SB 1120

    By Senator Hill





    1-486-06

  1                      A bill to be entitled

  2         An act relating to health care; requiring the

  3         Department of Health to authorize a

  4         municipality to establish an access program for

  5         sterile syringes; providing duties of the

  6         department; authorizing the department to

  7         accept funding; authorizing a municipality to

  8         contract with certain entities to operate an

  9         access program; requiring a contracting entity

10         to obtain approval from the department;

11         authorizing two or more municipalities to

12         establish or authorize the operation of an

13         access program; providing requirements for an

14         access program; authorizing a municipality to

15         terminate an access program; requiring the

16         department to submit reports; requiring the

17         department to contract with an entity to

18         prepare an analysis of the access programs in

19         the state; requiring the Department of Health

20         and the Department of Environmental Protection

21         to adopt rules; providing that possession of a

22         hypodermic syringe or needle by a participant

23         in an access program does not constitute a

24         criminal offense; requiring the Department of

25         Environmental Protection and the Department of

26         Health to prepare and adopt a sharps-disposal

27         component; requiring the Department of

28         Environmental Protection to provide financial

29         assistance for the sharps-disposal component;

30         requiring both departments to adopt rules;

31         amending s. 403.703, F.S.; redefining the term

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    Florida Senate - 2006                                  SB 1120
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 1         "biomedical waste generator" to include an

 2         access program for sterile syringes; providing

 3         an appropriation; providing an effective date.

 4  

 5         WHEREAS, in 2002 Florida ranked second among the states

 6  in the number of reported acquired immune deficiency (AIDS)

 7  cases, and

 8         WHEREAS, in the same year, Florida ranked second among

 9  the states that report human immunodeficiency virus (HIV)

10  cases, and

11         WHEREAS, by 2000 the number of Floridians living with

12  AIDS was approximately 95,000, and

13         WHEREAS, about one in every 3 persons living with HIV

14  or AIDS is female, and

15         WHEREAS, more than a million people in the United

16  States are frequent intravenous drug users at a cost to

17  society in health care, lost productivity, accidents, and

18  crime of more than $50 billion annually, and

19         WHEREAS, access programs for sterile syringes have been

20  proven effective in reducing the spread of HIV, hepatitis C,

21  and other blood-borne pathogens without increasing drug abuse

22  or other adverse social impacts, yet Florida remains one of

23  only two states nationwide which does not provide access to

24  sterile syringes in order to prevent the spread of disease,

25  and

26         WHEREAS, every scientific, medical, and professional

27  agency or organization that has studied this issue, including

28  the federal Centers for Disease Control and Prevention, the

29  American Medical Association, the American Public Health

30  Association, the National Academy of Sciences, the National

31  Institutes of Health Consensus Panel, the American Academy of

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    Florida Senate - 2006                                  SB 1120
    1-486-06




 1  Pediatrics, and the United States Conference of Mayors, has

 2  found access programs for sterile syringes to be effective in

 3  reducing the transmission of HIV, and

 4         WHEREAS, access programs for sterile syringes are

 5  designed to prevent the spread of HIV, hepatitis C, and other

 6  blood-borne pathogens, and to provide a bridge to drug-abuse

 7  treatment and other social services for drug users, and

 8         WHEREAS, it is in the public interest to encourage the

 9  development of such programs in Florida in accordance with

10  statutory guidelines designed to ensure the safety of the

11  consumers who use these programs, the health care workers who

12  operate them, and the general public, NOW, THEREFORE,

13  

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

15  

16         Section 1.  Access programs for sterile syringes,--

17         (1)  The Department of Health shall prescribe by rule

18  requirements for a municipality to establish or otherwise

19  authorize the operation within that municipality of an access

20  program for sterile syringes for the purpose of providing for

21  the exchange of hypodermic syringes and needles in accordance

22  with this section.

23         (2)  The department shall:

24         (a)  Require that an application be submitted on a form

25  and in a manner prescribed by the department from any

26  municipality that seeks to establish an access program or from

27  other entities authorized to operate an access program within

28  that municipality;

29         (b)  Approve an application that meets the requirements

30  established by the department and contract with the

31  municipality or entity whose application is approved to

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    Florida Senate - 2006                                  SB 1120
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 1  establish an access program to operate such program in any

 2  municipality in which the governing body has authorized the

 3  operation of the access program within that municipality by

 4  ordinance;

 5         (c)  Support and facilitate the linkage of an access

 6  program to a health care facility, including mental health and

 7  substance abuse treatment, housing assistance, career and

 8  employment-related counseling, and education counseling, to

 9  consumers participating in any such program;

10         (d)  Provide for the adoption of a uniform

11  identification card or other uniform means of identification

12  for consumers, staff, and volunteers of an access program; and

13         (e)  Maintain a record of data reported to the

14  department by each access program pursuant to paragraph

15  (5)(l).

16         (3)  The department may accept funds made available

17  from the private sector to fulfill the purposes of this

18  section.

19         (4)  A municipality may establish or authorize the

20  establishment of an access program that is approved by the

21  department to provide for the exchange of hypodermic syringes

22  and needles.

23         (a)  A municipality that establishes an access program

24  at a fixed location or through a mobile-access component may

25  operate the program directly or contract with one or more of

26  the following entities to operate the program: a hospital or

27  other health care facility licensed under chapter 395, Florida

28  Statutes, a federal qualified health center, a public health

29  agency, a program for substance abuse treatment, an AIDS

30  service organization, or another nonprofit entity designated

31  by the municipality. These entities may contract directly with

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    Florida Senate - 2006                                  SB 1120
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 1  the department in any municipality in which the governing body

 2  has authorized the operation of an access program by ordinance

 3  pursuant to paragraph (b). The municipality or entity under

 4  contract shall implement the access program in consultation

 5  with a federally qualified health center, the Office of

 6  Minority Health, and the Minority HIV/AIDS Task Force within

 7  the department in a culturally competent manner.

 8         (b)  Pursuant to paragraph (2)(b), a municipality whose

 9  governing body has authorized the operation of an access

10  program within the municipality may require an entity

11  described in paragraph (a) to obtain approval from the

12  department to operate such a program or may permit the entity

13  to obtain approval to operate such a program by application

14  directly to the department without prior approval from the

15  municipality.

16         (c)  Two or more municipalities may jointly establish

17  or authorize establishment of an access program that operates

18  within those municipalities pursuant to the adoption of an

19  ordinance by each participating municipality pursuant to this

20  section.

21         (5)  An access program for sterile syringes shall:

22         (a)  Provide sterile syringes and needles at no cost to

23  consumers 18 years of age and older.

24         (b)  Train and regularly supervise program staff in

25  harm reduction, substance abuse treatment, medical and social

26  service referrals, and procedures for infection control,

27  including universal precautions and protocol following a

28  needle-stick injury.

29         (c)  Maintain records of staff and volunteer training

30  and of screening for hepatitis C and tuberculosis which is

31  provided to volunteers and staff.

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    Florida Senate - 2006                                  SB 1120
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 1         (d)  Offer information about HIV, hepatitis C, and

 2  other blood-borne pathogens and materials on prevention at no

 3  cost to consumers.

 4         (e)  Educate each consumer about safe and proper

 5  disposal of needles and syringes.

 6         (f)  Provide information and referrals to consumers,

 7  including HIV-testing options, provide access to programs for

 8  substance abuse treatment, and available health care and

 9  social services that are relevant to the consumer's needs,

10  encourage consumers to receive an HIV test, and, when

11  appropriate, develop an individualized plan for substance

12  abuse treatment for each participating consumer.

13         (g)  Prevent consumers who are younger than 18 years of

14  age from having access to syringes and needles, and refer them

15  to substance abuse treatment and other appropriate programs

16  for youth.

17         (h)  Develop a plan for the handling and disposal of

18  used syringes and needles pursuant to s. 381.0098, Florida

19  Statutes.

20         (i)  Maintain the confidentiality of consumers by the

21  use of confidential identifiers that consist of the first two

22  letters of the first name of the consumer's mother and the

23  two-digit day of birth and two-digit year of birth of the

24  consumer, or by the use of another uniform mechanism that is

25  approved by the department for this purpose.

26         (j)  Provide a uniform identification card that is

27  approved by the department to consumers and to staff and

28  volunteers involved in transporting, exchanging, or possessing

29  syringes and needles.

30         (k)  Provide consumers at the time of enrollment with a

31  schedule of program operation hours and locations, in addition

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    Florida Senate - 2006                                  SB 1120
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 1  to information about prevention and harm reduction and

 2  services for substance abuse treatment.

 3         (l)  Establish and implement accurate data-collection

 4  methods and procedures as required by the department for the

 5  purpose of evaluating the access programs, including the

 6  monitoring and evaluation on a quarterly basis of:

 7         1.  Participation rates for the access program,

 8  including the number of consumers who enter substance abuse

 9  treatment programs and the status of their treatment;

10         2.  The effectiveness of the access program in meeting

11  its objectives, including, but not limited to, return rates of

12  syringes and needles distributed to consumers and the impact

13  of the access program on intravenous drug use; and

14         3.  The number and type of referrals provided by the

15  access program and the specific actions taken by the program

16  on behalf of each consumer.

17         (6)  A municipality may terminate an access program

18  that is operating within that municipality if its governing

19  body approves such an action by ordinance, in which case the

20  municipality shall notify the department of its action in a

21  manner described by the department.

22         (7)  The department shall submit a report to the

23  Governor, the President of the Senate, and the Speaker of the

24  House of Representatives by July 1, 2007, and biannually

25  thereafter, on the status of the access programs and shall

26  include in that report the data provided to the department by

27  each access program pursuant to paragraph (5)(l).

28         (8)  The department shall report to the Governor, the

29  President of the Senate, and the Speaker of the House of

30  Representatives no later than 6 months after the date the

31  

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    Florida Senate - 2006                                  SB 1120
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 1  initial access program commences its operations, and shall

 2  include in that report:

 3         (a)  An assessment of whether an adequate number of

 4  program slots for substance abuse treatment is available to

 5  meet the treatment needs of persons who have been referred to

 6  programs for substance abuse treatment by the access programs

 7  pursuant to paragraph (5)(f); and

 8         (b)  A recommendation for such appropriation as the

 9  department determines necessary to ensure the provision of an

10  adequate number of program slots for substance abuse treatment

11  for those persons.

12         (9)  The department shall contract with an entity that

13  is independent of the department to prepare a detailed

14  analysis of the access programs, and to report on the results

15  of that analysis to the Governor, the President of the Senate,

16  and the Speaker of the House of Representatives by July 1,

17  2008. The analysis must include, but need not be limited to:

18         (a)  Any increase or decrease in the spread of HIV,

19  hepatitis C, and other blood-borne pathogens that may be

20  transmitted by the use of contaminated syringes and needles;

21         (b)  The number of exchanged syringes and needles and

22  an evaluation of the disposal of syringes and needles that are

23  not returned by consumers;

24         (c)  The number of consumers participating in the

25  access programs and an assessment of their reasons for

26  participating in the programs;

27         (d)  The number of consumers in the access programs who

28  participated in programs for substance abuse treatment; and

29         (e)  The number of consumers in the access programs who

30  benefited from counseling and referrals to programs and

31  

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    Florida Senate - 2006                                  SB 1120
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 1  entities that are relevant to their health, housing, social

 2  service, employment, and other needs.

 3         (10)  The department, in consultation with the

 4  Department of Environmental Protection, shall adopt rules

 5  governing the disposal of syringes and needles.

 6         (11)  The possession of a hypodermic syringe or needle

 7  by a consumer who participates in, or is an employee or

 8  volunteer of, an access program does not constitute the

 9  possession of drug paraphernalia pursuant to ss. 893.145 and

10  893.146, Florida Statutes. This subsection applies to a

11  hypodermic syringe or needle that contains a residual amount

12  of a controlled substance specified in chapter 893, Florida

13  Statutes.

14         (12)(a)  The Department of Environmental Protection in

15  consultation with the Department of Health shall prepare and

16  adopt a sharps-disposal component as part of the local

17  hazardous waste management plan required pursuant to part IV

18  of chapter 403, Florida Statutes, to provide for the proper

19  and safe disposal of medical waste generated at home within

20  each municipality.

21         (b)  The sharps-disposal component of the local

22  hazardous waste management plan shall be developed in

23  consultation with a work group established by the governing

24  body of the affected county which includes persons not

25  employed by or affiliated with the county who have a

26  demonstrated interest or expertise in the use and disposal of

27  sharps, including, but not limited to, representatives of

28  waste management companies, persons with diabetes, and

29  licensed health care facilities.

30         (c)  The Department of Environmental Protection shall

31  provide financial assistance for the purpose of this

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    Florida Senate - 2006                                  SB 1120
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 1  subsection to the various counties to implement the

 2  sharps-disposal component of the hazardous waste management

 3  plan. The Department of Environmental Protection may accept

 4  funds made available from the private sector to fulfill the

 5  purposes of this subsection.

 6         (d)  The Department of Environmental Protection, in

 7  consultation with the Department of Health, shall adopt rules

 8  to administer this subsection.

 9         Section 2.  Subsection (38) of section 403.703, Florida

10  Statutes, is amended to read:

11         403.703  Definitions.--As used in this act, unless the

12  context clearly indicates otherwise, the term:

13         (38)  "Biomedical waste generator" means a facility or

14  person that produces or generates biomedical waste.  The term

15  includes, but is not limited to, hospitals, skilled nursing or

16  convalescent hospitals, intermediate care facilities, clinics,

17  dialysis clinics, dental offices, health maintenance

18  organizations, surgical clinics, medical buildings,

19  physicians' offices, laboratories, veterinary clinics, access

20  programs for sterile syringes, and funeral homes.

21         Section 3.  The sum of $10 million is appropriated from

22  the General Revenue Fund to the Department of Health for the

23  purpose of operating inpatient or residential programs for

24  substance abuse treatment for patients having a primary

25  diagnosis of drug addiction.

26         Section 4.  This act shall take effect July 1, 2006.

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    Florida Senate - 2006                                  SB 1120
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 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires the Department of Health to authorize a
      municipality to establish an access program for sterile
 4    syringes. Provides duties of the department. Authorizes a
      municipality to contract with certain entities to operate
 5    an access program. Requires a contracting entity to
      obtain approval from the department. Authorizes two or
 6    more municipalities to establish or authorize the
      operation of an access program. Provides requirements for
 7    an access program. Authorizes a municipality to terminate
      an access program. Requires the department to contract
 8    with an entity to prepare an analysis of the access
      programs in the state. Requires the Department of Health
 9    and the Department of Environmental Protection to adopt
      rules. Requires the Department of Environmental
10    Protection and the Department of Health to prepare and
      adopt a sharps-disposal component. Requires the
11    Department of Environmental Protection to provide
      financial assistance for the sharps-disposal component.
12    Provides an appropriation.

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