Friday, March 8, 2013

Syringe Exchane Bill as it reads. Have any imput?

I think that it needs to be a lot more comprehensive this population has been stigmatized, discriminated against, and ignored for decades if not the whole century. The drug laws where not about people's health and wellbeing they were all founded on racism and I am not sure that this legacy of racism has ever gone away.

 

HB 735 | SB 808

An act relating to a needle and syringe exchange program; amending s. 381.0038, F.S.; authorizing the Department of Health to establish a needle and syringe exchange program; providing criteria for the program; providing that the distribution of needles and syringes under the program is not a violation of the Florida Comprehensive Drug Abuse Prevention and Control Act or any other law; providing conditions under which a program staff member or participant may be prosecuted; providing for severability; providing an effective date.

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

Section 1. Subsection (4) is added to section 381.0038, Florida Statutes, to read:

381.0038 Education; needle and syringe exchange program.— The Department of Health shall establish a program to educate the public about the threat of acquired immune deficiency syndrome.

(4) The department may establish a program offering the free exchange of clean, unused needles and hypodermic syringes for used needles and hypodermic syringes as a means to prevent the transmission of the human immunodeficiency virus (HIV), AIDS, and other blood-borne diseases among intravenous drug users.

(a) The needle and syringe exchange program must meet the following criteria:

CODING: Words stricken are deletions; words underlined are additions.

1. The program shall provide for maximum security of exchange sites and equipment, including an accounting of the number of needles and syringes in use, the number of needles and syringes in storage, and any other measure that may be required to control the use and dispersal of sterile needles and syringes.

2. The program shall strive for a one-to-one exchange, whereby the participant shall receive one sterile needle and syringe unit in exchange for each used one.

3. The department shall make available educational materials, HIV counseling and testing, and referral services targeted to education regarding HIV/AIDS transmission and drug use prevention and treatment.

(b) Notwithstanding any other provision of law, the possession, distribution, or exchange of needles or syringes as part of a needle and syringe exchange program established by the department is not a violation of any part of chapter 893 or any other law.

(c) A needle and syringe exchange program staff member or participant is not immune from criminal prosecution for:

1. The possession of needles or syringes that are not a part of the exchange program; or

2. Redistribution of needles or syringes in any form.

Section 2. If any provision of this act or its 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 without the invalid provision or application, and to this end the provisions of this act are severable.

Section 3. This act shall take effect July 1, 2013

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