Amended in Senate June 1, 2016

Amended in Senate April 12, 2016

Senate BillNo. 1090


Introduced by Senator Mitchell

February 17, 2016


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

LEGISLATIVE COUNSEL’S DIGEST

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

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 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 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 would require the department, to the extent funds are appropriated by the Legislature, to allocate grants to local health jurisdictions for STD outreach and screening services. The bill would target and prioritize the allocation of funds to counties based on population and incidence of STDs and would require the allocation of 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.begin delete 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 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.end delete The bill would make specified mandates and accountability measures applicable to the county and to the community-based organization when providing the outreach and screening services.

This bill would require the department to authorize innovative and impactful outreach and 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 thebegin delete bill.end deletebegin insert bill and would limit the department’s expenditures on administrative costs to no more than 10% of the funds appropriated by the Legislature for this purpose.end insert

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

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

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

P2    1

SECTION 1.  

Section 120500 of the Health and Safety Code
2 is amended to read:

3

120500.  

As used in the Communicable Disease Prevention and
4Control Act, defined in Section 27, “sexually transmitted diseases”
5means diseases that are primarily transmitted through sexual
6contact.

7

SEC. 2.  

Section 120505 of the Health and Safety Code is
8amended to read:

9

120505.  

The department shall develop and review plans and
10provide leadership and consultation for, and participate in, a
11program for the prevention and control of sexually transmitted
12diseases.

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SEC. 3.  

Section 120510 of the Health and Safety Code is
2amended to read:

3

120510.  

The department shall cooperate in the prevention,
4control, and cure of sexually transmitted diseases with all of the
5following:

6(a) Physicians and surgeons.

7(b) Medical schools.

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

9(d) Administrators of public and private elementary and
10secondary schools and public and private postsecondary
11educational institutions.

12(e) Penal and charitable institutions.

13(f) Detention homes.

14(g) Federal, state, local, and district health officers, boards of
15health, and all other health authorities.

16(h) Institutions caring for the mentally ill.

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

18

SEC. 4.  

Section 120511 is added to the Health and Safety Code,
19to read:

20

120511.  

(a) To the extent funds are appropriated by the
21Legislature for these purposes, the department shall allocate funds
22to local health jurisdictions for sexually transmitted disease
23outreach and screening services in accordance with the following:

24(1) Counties shall be targeted and prioritized based on
25population and incidence of sexually transmitted diseases.

26(2) Funds shall be allocated to targeted counties in a manner
27that balances the need to spread funding to as many counties as
28possible and the need to provide meaningful services to each
29funded county.

30(3) Each recipient county shall demonstrate to the department
31that the county has done all of the following:

32(A) Identified priority target populations.

33(B) Satisfactorily described its outreach protocols.

34(C) Included community-based partners for outreach and
35screening.

36(D) Allocated resources for laboratory costs.

37(4) The department shall develop measures for each county
38funded pursuant to this section to demonstrate accountability.

begin delete

39(5) If a county declines the grant, the department may solicit
40proposals from community-based organizations to provide outreach
P4    1and screening services in accordance with the same mandates and
2accountability measures applicable to the counties pursuant to
3paragraphs (3) and (4). Any funding provided to a
4community-based organization pursuant to this paragraph may
5supplement, but does not supplant, the authority of a local health
6jurisdiction to conduct surveillance and surveillance-based disease
7intervention for sexually transmitted diseases.

end delete

8(b) The department shall authorize innovative and impactful
9outreach and screening services, including, but not limited to, the
10following:

11(1) Voluntary screening for sexually transmitted diseases among
12inmates and wards of county adult and juvenile correctional
13facilities.

14(2) Social media platforms that allow a person to receive test
15results, share test results with partners, access treatment services,
16and reduce administrative costs.

17(3) State-of-the-art testing modalities that ensure swift and
18accurate screening for sexually transmitted diseases.

19(4) Community-based testing and disease investigation.

20(c) The department shall monitor activities in funded counties,
21based on the accountability measures required under paragraph
22(4) of subdivision (a) in order to assess the effectiveness of outreach
23and screening efforts.

begin insert

24
(d) The department shall spend no more than 10 percent of any
25funds appropriated by the Legislature for purposes of this section
26for administrative costs.

end insert
27

SEC. 5.  

Section 120515 of the Health and Safety Code is
28amended to read:

29

120515.  

The department shall investigate conditions affecting
30the prevention and control of sexually transmitted diseases and
31approved procedures for prevention and control, and shall
32disseminate educational information relative thereto.

33

SEC. 6.  

Section 120525 of the Health and Safety Code is
34repealed.

35

SEC. 7.  

Section 120525 is added to the Health and Safety Code,
36to read:

37

120525.  

The department may provide medical, advisory,
38financial, or other assistance to organizations as may be approved
39by it.

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SEC. 8.  

Section 120535 of the Health and Safety Code is
2amended to read:

3

120535.  

Any state agency conducting a public hospital shall
4admit acute sexually transmitted disease cases, when, in the opinion
5of the department or the local health officer having jurisdiction,
6persons infected with a sexually transmitted disease may be a
7menace to public health.

8

SEC. 9.  

Section 120540 of the Health and Safety Code is
9amended to read:

10

120540.  

The department may require any physician in
11attendance on a person infected, or suspected of being infected,
12with a sexually transmitted disease infection to submit specimens
13as may be designated for examination, when in its opinion the
14procedure is reasonably necessary to carry out the provisions and
15purposes of this chapter.

16

SEC. 10.  

Section 120565 of the Health and Safety Code is
17amended to read:

18

120565.  

If a person subject to proper sexually transmitted
19disease control measures discontinues any control procedure
20required by this chapter, the agency administering the procedure,
21prior to the discontinuance, shall make reasonable efforts to
22determine whether the person is continuing to comply with the
23procedure elsewhere.

24

SEC. 11.  

Section 120575 of the Health and Safety Code is
25amended to read:

26

120575.  

It is the duty of the local health officers to use every
27available means to ascertain the existence of cases of infectious
28sexually transmitted diseases within their respective jurisdictions,
29to investigate all cases that are not, or probably are not, subject to
30proper control measures approved by the board, to ascertain so far
31as possible all sources of infection, and to take all measures
32reasonably necessary to prevent the transmission of infection.

33

SEC. 12.  

Section 120605 of the Health and Safety Code is
34amended to read:

35

120605.  

This chapter shall not be construed to interfere with
36the freedom of any adherent of teachings of any well-recognized
37religious sect, denomination, or organization to depend exclusively
38upon prayer for healing in accordance with the teachings of the
39religious sect, denomination, or organization. That person, along
40with any person treating him or her, shall be exempt from all
P6    1provisions of this chapter regarding sexually transmitted diseases,
2except that the provisions of this code and the regulations of the
3board regarding compulsory reporting of communicable diseases
4and the quarantine of those diseases, and regarding callings that a
5person with a sexually transmitted disease may not engage, shall
6 apply.



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