Section 7000 - Syringe Exchange Program (SEP) Certification DefinitionsThe 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.Cal. Code Regs. Tit. 17, § 7000
1. New subchapter 15 (sections (7000-7016), article 1 (section 7000) and section filed 7-16-2013; operative 10-1-2013 (Register 2013, No. 29).
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.
1. New subchapter 15 (sections (7000-7016), article 1 (section 7000) and section filed 7-16-2013; operative 10-1-2013 (Register 2013, No. 29).
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.