Section 7002 - Application Requirements for SEP CertificationAn applicant desiring state authorization to operate an SEP shall, pursuant to Health and Safety Code Section 121349, file an application for certification with the California Department of Public Health, Office of AIDS, through its website or by mail.
(a) Each application shall contain the following information:(1) The name of the applicant organization, the name under which it will be providing syringe exchange services, if different, and the date the application is submitted.(2) The full name, title, email address and telephone number of the individual designated by the applicant as the administrator of the SEP.(3) A description of the applicant organization's mission and core services, including a list of services the applicant currently provides to injection drug users. Services offered shall include all services listed in Health and Safety Code Section 121349(d)(1) and may be offered directly or by referral. These are: (A) Drug abuse treatment services,(B) HIV or hepatitis screening,(C) Hepatitis A and hepatitis B vaccination,(D) Screening for sexually transmitted infections,(E) Housing services for the homeless, for victims of domestic violence, or other similar housing services, and(F) Services related to provision of education and materials for the reduction of sexual risk behaviors, including, but not limited to, the distribution of condoms.(4) A needs statement as defined in Section 7000(a)(17) and that includes information about the presence or absence of other syringe exchange services in the proposed location.(5) A description of the proposed syringe exchange services, the anticipated number of participants to be served each year and the estimated number of syringes to be dispensed and collected each year. SEP services include all those listed in Health and Safety Code Section 121349(d)(3) which requires certified SEPs to: (A) Provide needles and syringe exchange services for all of its participants;(B) Provide HIV and viral hepatitis prevention education services for all of its participants; and(C) Provide for the safe recovery and disposal of used syringes and sharps waste from all of its participants.(6) A description of the service delivery mode(s) to be employed, whether fixed or mobile site, and: (A) The number of locations at which syringe exchange services will be provided.(B) A description of the location(s) where syringe exchange services will be provided that includes the full address (street number, street name, city and zip code) and county of the fixed or mobile site location(s).(7) A description of additional services that will accompany syringe exchange, such as overdose prevention supplies and education.(8) The SEP hours of operation in the location(s) and staffing. The description of hours of operation shall include the specific days the SEP is open, opening and closing times, and frequency of syringe exchange services. The description of staffing shall include number of staff, titles of positions and descriptions of duties.(9) A paragraph, not to exceed 150 words and which will be posted on the department website, which summarizes the proposed program and includes the name of the applicant organization, the name of the SEP, location(s), hours of service, and types of services to be delivered.(10) A copy of the following plans that guide the SEP's operations: (A) Syringe Dispensing Plan as described in Section 7012(a);(B) Syringe Collection and Disposal Plan as described in Section 7012(b);(C) Service Delivery Plan as described in Section 7012(c);(D) Data Collection and Program Evaluation Plan as described in Section 7012(d);(E) Community Relations Plan as described in Section 7012(e).(11) A budget for the program which includes at minimum projected income and costs for personnel, outside services, and operating expenses, including but not limited to rent, utilities, equipment, materials including syringes and disposal containers, transportation, insurance, training, meetings, syringe disposal services, and indirect costs.(12) Contact name, phone number and email for the neighborhood association of the location, if one exists.(13) A signed statement attesting to: (A) The applicant's compliance with state laws and regulations;(B) The capacity of the applicant to begin syringe exchange services within 90 days of certification;(C) The involvement of program participant input into SEP design, implementation and evaluation.(b) The public may comment online about an application during the 45-day public comment period, which commences on the date information about the application is posted on the department website.(c) Pursuant to Health and Safety Code Section 121349, the department, after consultation with the local health officer and local law enforcement leadership, shall issue a final decision to certify or not to certify within 30 business days after the close of the 45-day public comment period. Pursuant to Health and Safety Code Section 121349, certification shall be valid for no more than two years, subject to possible renewal.Cal. Code Regs. Tit. 17, § 7002
1. New article 2 (section 7002) and section filed 7-16-2013; operative 10-1-2013 (Register 2013, No. 29).
2. Amendment of subsections (a)(13)(A) and (b)-(c) and amendment of 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: Sections 11364, 121349, 121349.1, 121349.2, 121349.3 and 131019, Health and Safety Code; and Section 4170, Business and Professions Code.
1. New article 2 (section 7002) and section filed 7-16-2013; operative 10-1-2013 (Register 2013, No. 29).
2. Amendment of subsections (a)(13)(A) and (b)-(c) and amendment of 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.