Amended in Senate April 12, 2016

Senate Bill No. 1090

Introduced by Senator Mitchell

February 17, 2016

An act to begin insert amend Sections 120500, 120505, 120510, 120515, 120535, 120540, 120565, 120575, and 120605 of, to end insert add Section 120511 begin delete to end delete begin insert to, and to repeal and add Section 120525 of, end insert the Health begin delete And end delete begin insert and end insert Safety Code, relating to sexually transmitted diseases.

LEGISLATIVE COUNSEL’S DIGEST

SB 1090, as amended, Mitchell. Sexually transmitted diseases: outreach and screening services.

begin delete

Existing law

end delete

begin insert The existing Communicable Disease Prevention and Control Act defines the term “venereal disease” to mean syphilis, gonorrhea, chancroid, lymphopathia venereum, granuloma inguinale, and chlamydia. Existing law end insert requires the State Department of Public Health to develop and review plans and participate in a program for the prevention and control of venereal disease, and authorizes the department to establish, maintain, and subsidize clinics, dispensaries, and prophylactic stations for the diagnosis, treatment, and prevention of venereal disease.

This bill begin insert would delete the term “venereal disease” and would instead use the term “sexually transmitted diseases” (STDs), which would be defined as diseases that are primarily transmitted through sexual contact. The bill end insert would require the department, to the extent funds are appropriated by the Legislature, to allocate grants to begin delete counties for sexually transmitted disease (STD) end delete begin insert local health jurisdictions for STD end insert outreach and screening services. The bill would target and prioritize begin insert the allocation of funds to end insert counties based on population and incidence of STDs and begin delete allocate end delete begin insert would require the allocation of end insert funds to targeted counties to balance the need to spread funding to as many counties as possible and the need to provide meaningful services to each funded county. If a targeted county declines a grant, the bill would authorize the department to solicit proposals from community-based organizations to provide outreach and screening begin delete services. Specified end delete begin insert services and would provide that any funding provided to community-based organizations may supplement, but not supplant, the authority of the local health jurisdiction to conduct surveillance and surveillance-based disease intervention for STDs. The bill would make specified end insert mandates and accountability measures begin delete would apply end delete begin insert applicable end insert to the county begin delete of end delete begin insert and to end insert the community-based organization when providing the outreach and screening services.

This bill would require the department to authorize innovative and impactful begin insert outreach and end insert screening services, such as voluntary screening of inmates and wards of county adult and juvenile corrections facilities, and use of state-of-the-art testing modalities. The bill would require the department to use the accountability measures developed under the bill in order to monitor the activities funded by the bill.

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The bill would also delete obsolete provisions and make conforming changes.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 120500 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

120500.  

As used in the Communicable Disease Prevention and
Control begin delete Act (Section 27) “venereal diseases” means syphilis,
gonorrhea, chancroid, lymphopathia venereum, granuloma
inguinale, and chlamydia. end delete begin insert Act, defined in Section 27, “sexually
transmitted diseases” means diseases that are primarily
transmitted through sexual contact. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 120505 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

120505.  

The department shall develop and review plans and
provide leadership and consultation for, and participate in, a
program for the prevention and control of begin delete venereal disease. end delete begin insert sexually
transmitted diseases. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 120510 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

120510.  

The department shall cooperate in the prevention,
control, and cure of begin delete venereal end delete begin insert sexually transmitted end insert diseases with

begin delete physicians and surgeons; medical schools; public and private
hospitals, dispensaries, and clinics; public and private school,
college and university authorities; penal and charitable institutions;
reform and industrial schools; detention homes; federal, state, local
and district health officers, and boards of health, and all other
health authorities; institutions caring for the mentally ill; and with
any other persons, institutions, or agencies. end delete begin insert all of the following: end insert

(a) Physicians and surgeons.

(b) Medical schools.

(c) Public and private hospitals, dispensaries, and clinics.

(d) Administrators of public and private elementary and
secondary schools and public and private postsecondary
educational institutions.

(e) Penal and charitable institutions.

(f) Detention homes.

(g) Federal, state, local, and district health officers, boards of
health, and all other health authorities.

(h) Institutions caring for the mentally ill.

(i) Any other persons, institutions, or agencies.

begin delete SECTION 1. end delete

begin insert SEC. 4. end insert   

Section 120511 is added to the Health and Safety Code,
to read:

120511.  

(a) To the extent funds are appropriated by the
Legislature for these purposes, the department shall allocate funds
to begin delete counties end delete begin insert local health jurisdictions end insert for sexually transmitted
disease outreach and screening services in accordance with the
following:

(1) Counties shall be targeted and prioritized based on
population and incidence of sexually transmitted diseases.

(2) Funds shall be allocated to targeted counties in a manner
that balances the need to spread funding to as many counties as
possible and the need to provide meaningful services to each
funded county.

(3) Each recipient county shall demonstrate to the department
that the county has done all of the following:

(A) Identified priority target populations.

(B) Satisfactorily described its outreach protocols.

(C) Included community-based partners for outreach and
screening.

(D) Allocated resources for laboratory costs.

(4) The department shall develop measures for each county
funded pursuant to this section to demonstrate accountability.

(5) If a county declines the grant, the department may solicit
proposals from community-based organizations to provide outreach
and screening services in accordance with the same mandates and
accountability measures applicable to the counties pursuant to
paragraphs (3) and (4). begin insert Any funding provided to a community-based
organization pursuant to this paragraph may supplement, but does
not supplant, the authority of a local health jurisdiction to conduct
surveillance and surveillance-based disease intervention for
sexually transmitted diseases. end insert

(b) The department shall authorize innovative and impactful
outreach and screening services, including, but not limited to, the
following:

(1) Voluntary screening for sexually transmitted diseases among
inmates and wards of county adult and juvenile correctional
facilities.

(2) Social media platforms that allow a person to receive test
results, share test results with partners, access treatment begin delete services end delete
begin insert services, end insert and reduce administrative costs.

(3) State-of-the-art testing modalities that ensure swift and
accurate screening for sexually transmitted diseases.

(4) Community-based testing and disease investigation.

(c) The department shall monitor activities in funded counties,
based on the accountability measures required under paragraph
(4) of subdivision (a) in order to assess the effectiveness of outreach
and screening efforts.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 120515 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

120515.  

The department shall investigate conditions affecting
the prevention and control of begin delete venereal end delete begin insert sexually transmitted end insert diseases
and approved procedures for prevention and control, and shall
disseminate educational information relative thereto.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 120525 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

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120525.  

The department may establish, maintain, and subsidize
clinics, dispensaries, and prophylactic stations for the diagnosis,
treatment, and prevention of venereal diseases, and may provide
medical, advisory, financial, or other assistance to the clinics,
dispensaries, and stations as may be approved by it. No clinic,
dispensary, or prophylactic station shall be approved unless it
meets the requirements of the board and complies with its
regulations.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 120525 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 120525. end insert   

The department may provide medical, advisory,
financial, or other assistance to organizations as may be approved
by it.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 120535 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

120535.  

Any state agency conducting a public hospital shall
admit acute begin delete venereal end delete begin insert sexually transmitted end insert disease cases, when, in
the opinion of the department or the local health officer having
jurisdiction, persons infected with begin delete venereal disease end delete begin insert a sexually
transmitted disease end insert may be a menace to public health.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 120540 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

120540.  

The department may require any physician in
attendance on a person begin delete infected end delete begin insert infected, end insert or suspected of being
begin delete infected end delete begin insert infected, end insert with a begin delete venereal end delete begin insert sexually transmitted end insert disease
infection to submit specimens as may be designated for
examination, when in its opinion the procedure is reasonably
necessary to carry out the provisions and purposes of this chapter.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 120565 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

120565.  

If begin delete any end delete begin insert a end insert person subject to proper begin delete venereal end delete begin insert sexually
transmitted end insert disease control measures discontinues any control
procedure required by this chapter, the agency administering the
begin delete procedure end delete begin insert procedure, end insert prior to the begin delete discontinuance end delete begin insert discontinuance, end insert
shall make reasonable efforts to determine whether the person is
continuing to comply with the procedure elsewhere.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 120575 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

120575.  

It is the duty of the local health officers to use every
available means to ascertain the existence of cases of infectious
begin delete venereal end delete begin insert sexually transmitted end insert diseases within their respective
jurisdictions, to investigate all cases that are not, or probably are
not, subject to proper control measures approved by the board, to
ascertain so far as possible all sources of infection, and to take all
measures reasonably necessary to prevent the transmission of
infection.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 120605 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

120605.  

begin delete Nothing in this end delete begin insert This end insert chapter shall begin insert not end insert be construed to
interfere with the freedom of any adherent of teachings of any
well-recognized religious sect, denomination, or organization to
depend exclusively upon prayer for healing in accordance with
the teachings of the religious sect, denomination, or organization.
begin delete Any such end delete begin insert That end insert person, along with any person treating him or her,
shall be exempt from all provisions of this chapter regarding
begin delete venereal end delete begin insert sexually transmitted end insert diseases, except that the provisions
of this code and the regulations of the board regarding compulsory
reporting of communicable diseases and the quarantine of those
diseases, and regarding callings that a person with begin delete venereal end delete begin insert a
sexually transmitted end insert disease may not engage, shall apply.