Florida Senate - 2023 SB 1650
By Senator Torres
25-01155-23 20231650__
1 A bill to be entitled
2 An act relating to safer consumption services
3 programs; creating s. 381.0047, F.S.; providing a
4 short title; defining terms; authorizing the
5 Department of Health to approve entities to operate
6 safer consumption services programs for specified
7 purposes; requiring the department to establish
8 certain standards and procedures for the programs;
9 specifying criteria an entity must satisfy to obtain
10 department approval to operate a program; requiring
11 the department to make a determination regarding a
12 program application within a specified timeframe;
13 requiring the department to include a written
14 explanation if it denies an application; providing
15 that a denial does not bar an entity from reapplying;
16 providing that approved programs must maintain
17 compliance with specified provisions and rules to
18 continue operating; requiring entities operating
19 approved programs to submit annual reports to the
20 department by a specified date each year; providing
21 requirements for the report; providing that specified
22 persons are immune from criminal prosecution and civil
23 or administrative penalties, and may not be denied any
24 rights or privileges, based solely on their
25 participation or involvement in a program; providing
26 construction; authorizing the department to adopt
27 rules; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 381.0047, Florida Statutes, is created
32 to read:
33 381.0047 Safer consumption services programs.—
34 (1) SHORT TITLE.—This section may be cited as the “Safer
35 Consumption Services Act.”
36 (2) DEFINITIONS.—As used in this section, the term:
37 (a) “Department” means the Department of Health.
38 (b) “Entity” means a community-based organization that
39 provides educational, health, harm reduction, housing, or social
40 services or any hospital, medical clinic or office, health
41 center, nursing home facility, mental health facility, or other
42 similar entity that provides health services.
43 (c) “Participant” means an individual who seeks to use,
44 uses, or has used a program established under this section.
45 (d) “Program” means a safer consumption services program
46 established under this section.
47 (3) SAFER CONSUMPTION SERVICES PROGRAMS.—Notwithstanding
48 any other law or rule to the contrary, for the purpose of
49 reducing the spread of infectious diseases and drug overdose
50 related deaths, the department may approve entities to operate
51 safer consumption services programs in this state. Such programs
52 are intended to provide a safer environment for those afflicted
53 with a substance abuse problem so that they may consume such
54 substances in hygienic conditions and under the monitoring of
55 qualified health professionals. The department shall establish
56 standards and procedures for program approval, operations, and
57 training.
58 (a) The department may approve an entity to operate a
59 program if the entity demonstrates, to the department’s
60 satisfaction, that the entity will:
61 1. Provide a hygienic space where participants may consume
62 their preobtained illicit drugs. The space must be separate from
63 any other business conducted by the entity;
64 2. Provide adequate staffing of health care professionals
65 or other trained staff to monitor participants;
66 3. Provide sterile injection supplies, collect used
67 hypodermic needles and syringes, and provide secure hypodermic
68 needle and syringe disposal services;
69 4. Provide education on safe consumption practices, proper
70 disposal of hypodermic needles and syringes, and overdose
71 prevention. Such education must be provided in written format,
72 in at least four of the most commonly spoken languages in this
73 state as determined by the department;
74 5. Monitor participants for potential overdose and
75 administer first aid, if needed;
76 6. Provide referrals for addiction treatment, medical and
77 social services, and employment and training services;
78 7. Educate participants on the risks of contracting HIV and
79 viral hepatitis and provide sexual health resources and
80 supplies, including, but not limited to, male and female
81 condoms;
82 8. Provide participants access to naloxone or referrals to
83 obtain naloxone;
84 9. Provide reasonable and adequate security of the program
85 site and equipment;
86 10. Ensure confidentiality of program participants by using
87 anonymous unique identifiers;
88 11. Train staff members to deliver services offered by the
89 program or arrange for staff members to attend trainings
90 provided by the department; and
91 12. Establish operating procedures for the program as well
92 as eligibility criteria for program participants, if not
93 predetermined by the department.
94 (b) The department shall approve or deny an entity’s
95 application to establish a program under this section within 45
96 days after receipt of the application and, if it denies an
97 application, must provide a written explanation of the reasons
98 for such denial.
99 (c) The department’s decision to deny an application does
100 not bar the entity from reapplying.
101 (d) To continue operating, approved programs must maintain
102 compliance with the requirements of, and the rules adopted
103 pursuant to, this section.
104 (4) ANNUAL REPORTS.—An entity operating a safer consumption
105 services program under this section shall provide an annual
106 report to the department by January 1 of each year. The report
107 must include, at a minimum, all of the following for the
108 preceding calendar year:
109 (a) The total number of program participants.
110 (b) Aggregate information regarding the demographics of
111 program participants.
112 (c) The total number of hypodermic needles and syringes
113 distributed for use on site.
114 (d) The total number of overdoses experienced on site,
115 including the total number of overdoses that were reversed.
116 (e) The total number of individuals directly referred to
117 other services, aggregated by the types of services.
118 (5) IMMUNITY.—Notwithstanding any other law or rule to the
119 contrary, the following persons may not be arrested, charged, or
120 prosecuted for any criminal offense or be subject to any civil
121 or administrative penalty, including seizure or forfeiture of
122 assets or real property or disciplinary action by a professional
123 licensing board, or be denied any right or privilege, solely
124 based on the person’s participation or involvement in a safer
125 consumption services program approved by the department under
126 this section:
127 (a) Participants of the program.
128 (b) Staff members and administrators of the program,
129 including health care professionals, managers, employees, and
130 volunteers.
131 (c) Owners of the real property at which the program is
132 located and operated.
133
134 However, such persons are not immune from criminal prosecution
135 for any activities that are not authorized or approved under
136 this section.
137 (6) CONSTRUCTION.—This section does not prohibit an entity
138 from operating as both an approved program under this section
139 and a sterile needle and syringe exchange program established
140 pursuant to s. 381.0038.
141 (7) RULES.—The department may adopt rules to implement this
142 section.
143 Section 2. This act shall take effect July 1, 2023.