Cal. Code Regs. Tit. 17, § 7000 - Syringe Exchange Program (SEP) Certification Definitions
The California Department of Public Health proposes the following rules for certifying hypodermic needle and syringe exchange programs (herein referred to as Syringe Exchange Programs or SEPs) to facilitate the prevention of HIV and other bloodborne pathogens.
(a) The following definitions used in these
regulations shall have the meaning specified.
(1) "AIDS" means acquired immune deficiency
syndrome.
(2) "Administrator" means
a person having the authority and responsibility for the operation of the SEP
and serves as the contact for communication with the department.
(3) "Applicant" means the entity applying for
authorization under Health and Safety Code Section
121349,
and includes the individual who signs the application for certification of the
SEP.
(4) "Bloodborne pathogens"
means pathogenic microorganisms that are present in human blood and can cause
disease in humans. These pathogens include, but are not limited to, hepatitis B
virus, hepatitis C virus and human immunodeficiency virus (HIV).
(5) "Certification" means departmental
authorization of an SEP to operate for up to 2 years.
(6) "Core services" means the primary
activities an entity undertakes in order to serve its clients.
(7) "Department" means the California
Department of Public Health, Office of AIDS.
(8) "Fixed site" means a building or single
location, not a mobile site, where syringe exchange services are provided on a
regular basis.
(9) "HIV" means the
etiologic virus of AIDS.
(10)
"Injection drug user" means a person who uses a syringe to self-administer
drugs, referred to in Health and Safety Code Section
121349
as an intravenous drug user.
(11)
"Local Health Jurisdiction" means a California county or city with a local
health department.
(12) "Local Law
Enforcement Official" means the individual designated by the sheriff or police
chief in the district in which the SEP operates who has authority to receive
communications from state and local public health agencies.
(13) "Location" means a site within a Local
Health Jurisdiction. For this Subchapter, location can be a fixed or mobile
site.
(14) "Mobile site" means a
location where syringe exchange is conducted using a vehicle such as a van, or
by foot in a location that is not a fixed indoor setting.
(15) "Needlestick Injury" means a penetrating
wound from a needle that may result in exposure to blood.
(16) "Needlestick Injury Protocol" means
policies and procedures, in adherence with the California Occupational Safety
and Health Administration protocol as provided in California Code of
Regulations, Title 8, Section 5193, to prevent needlestick injury to SEP staff,
including volunteers, and to SEP participants, and that outline both immediate
and subsequent remedial and prophylactic actions to take in the event of a
needles-tick injury.
(17) "Needs
Statement" means a paragraph that provides the rationale for the request for
certification in the location specified and uses data and other objective
sources to document the need. Examples include statistics on HIV infection
and/or viral hepatitis among injection drug users in the Local Health
Jurisdiction, the presence of injection drug users in the location, and the
presence or absence of other syringe exchange services in the Local Health
Jurisdiction.
(18) "Participant"
means a person who uses syringe exchange services, a client of the
SEP.
(19) "Participant
Confidentiality Protocols" means written protocols that strictly limit the
disclosure of participant identification information.
(20) "Program" means an SEP.
(21) "Protocols" means written guidelines
that define the limits and extent of practice of the staff of an SEP.
(22) "Public Comment Period" means a 45-day
period, commencing from the date the department posts information about an
application on its website, in which the public may use the website to comment
on an application for SEP certification.
(23) "Sharps Waste" means used needles,
syringes and lancets.
(24) "Site"
means the location(s) where syringe exchange services are offered to
participants.
(25) "Staff" means
anyone who provides syringe exchange services on behalf of a program.
(26) "Syringe" means both the needle and
syringe used to inject fluids into the body, referred to in Health and Safety
Code Section
121349
as a hypodermic needle and syringe.
(27) "Syringe Exchange Program (SEP)" means a
program that provides sterile needles and syringes and collects used sharps
waste from injection drug users free of charge as part of efforts to reduce the
spread of HIV/AIDS, viral hepatitis and other bloodborne pathogens.
(28) "Viral hepatitis" means any of the forms
of hepatitis caused by a virus, including hepatitis B virus and hepatitis C
virus.
Notes
2. Amendment of subsection (a)(22) and NOTE filed 10-4-2021; operative 10-4-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 41). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Sections 121349, 121349.1, 121349.2, 121349.3, 131000, 131005, 131019, 131050, 131051, 131052 and 131200, Health and Safety Code. Reference: Section 4170, Business and Professions Code; and Sections 11364, 121349, 121349.1, 121349.2, 121349.3 and 131019, Health and Safety Code.
2. Amendment of subsection (a)(22) and Note filed 10-4-2021; operative
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