Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 808 Barcode 428062 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/09/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Braynon) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (4) is added to section 381.0038, 6 Florida Statutes, to read: 7 381.0038 Education; needle and syringe exchange pilot 8 program.—The Department of Health shall establish a pilot 9 program to educate the public about the threat of acquired 10 immune deficiency syndrome. 11 (4) The department shall establish a sterile needle and 12 syringe exchange pilot program in Miami-Dade County. The pilot 13 program shall be administered by the department or the 14 department’s designee. The department is authorized to designate 15 one of the following entities to operate the pilot program at a 16 fixed location or through a mobile health unit: a hospital 17 licensed under chapter 395, a health care clinic licensed under 18 part X of chapter 400, a substance abuse treatment program, an 19 HIV or AIDS service organization, or another nonprofit entity 20 designated by the department. The pilot program shall offer the 21 free exchange of clean unused needles and hypodermic syringes 22 for used needles and hypodermic syringes as a means to prevent 23 the transmission of HIV, AIDS, viral hepatitis, or other blood 24 borne diseases among intravenous drug users and their sexual 25 partners and offspring. 26 (a) The pilot program shall: 27 1. Provide for maximum security of exchange sites and 28 equipment, including an accounting of the number of needles and 29 syringes in use, the number of needles and syringes in storage, 30 safe disposal of returned needles, and any other measure that 31 may be required to control the use and dispersal of sterile 32 needles and syringes. 33 2. Strive for a one-to-one exchange, whereby the 34 participant shall receive one sterile needle and syringe unit in 35 exchange for each used one. 36 3. Make available educational materials; HIV counseling and 37 testing; referral services to provide education regarding HIV, 38 AIDS, and viral hepatitis transmission; and drug use prevention 39 and treatment. 40 (b) Notwithstanding any other provision of law, the 41 possession, distribution, or exchange of needles or syringes as 42 part of a needle and syringe exchange pilot program established 43 by the department or the department’s designee is not a 44 violation of any part of chapter 893 or any other law. 45 (c) A needle and syringe exchange pilot program staff 46 member, volunteer, or participant is not immune from criminal 47 prosecution for: 48 1. The possession of needles or syringes that are not a 49 part of the exchange pilot program; or 50 2. Redistribution of needles or syringes in any form, if 51 acting outside the pilot program. 52 (d) The pilot program shall collect data for annual and 53 final reporting purposes, which shall include information on the 54 number of participants served, the number of needles and 55 syringes exchanged and distributed, the demographic profiles of 56 the participants served, the number of participants entering 57 drug counseling and treatment, the number of participants 58 receiving HIV, AIDS, or viral hepatitis testing, and other data 59 deemed necessary for the pilot program. However, no personal 60 identifying information may be collected from a participant for 61 any purpose. 62 (e) State funds may not be used to operate the pilot 63 program. The pilot program shall be funded through grants and 64 donations from private resources and funds. 65 (f) The pilot program shall expire July 1, 2018. Six months 66 before the pilot program expires, the Office of Program Policy 67 Analysis and Government Accountability shall submit a report to 68 the President of the Senate and the Speaker of the House of 69 Representatives that includes the data collection requirements 70 established in this subsection; the rates of HIV, AIDS, viral 71 hepatitis, or other blood-borne diseases before the pilot 72 program began and every subsequent year thereafter; and a 73 recommendation on whether to continue the pilot program. 74 (g) The department has the authority to adopt and develop 75 rules to implement the provisions of this subsection. 76 Section 2. If any provision of this act or its application 77 to any person or circumstance is held invalid, the invalidity 78 does not affect other provisions or applications of the act that 79 can be given effect without the invalid provision or 80 application, and to this end the provisions of this act are 81 severable. 82 Section 3. This act shall take effect July 1, 2013. 83 84 ================= T I T L E A M E N D M E N T ================ 85 And the title is amended as follows: 86 Delete everything before the enacting clause 87 and insert: 88 A bill to be entitled 89 An act relating to a needle and syringe exchange pilot 90 program; amending s. 381.0038, F.S.; requiring the 91 Department of Health to establish a needle and syringe 92 exchange pilot program in Miami-Dade County; providing 93 for administration of the pilot program by the 94 department or a designee; establishing pilot program 95 criteria; providing that the distribution of needles 96 and syringes under the pilot program is not a 97 violation of the Florida Comprehensive Drug Abuse 98 Prevention and Control Act or any other law; providing 99 conditions under which a pilot program staff member or 100 participant may be prosecuted; prohibiting the 101 collection of participant identifying information; 102 providing for the pilot program to be funded through 103 private grants and donations; providing for expiration 104 of the pilot program; requiring a report to the 105 Legislature; providing rulemaking authority; providing 106 for severability; providing an effective date.