Code Section Group

Health and Safety Code - HSC

DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL [120100 - 122476]

  ( Division 105 added by Stats. 1995, Ch. 415, Sec. 7. )

PART 4. HUMAN IMMUNODEFICIENCY VIRUS (HIV) [120775 - 121349.3]

  ( Part 4 added by Stats. 1995, Ch. 415, Sec. 7. )

CHAPTER 1.5. State HIV Prevention and Education Funds [120780 - 120780.5]
  ( Chapter 1.5 added by Stats. 2007, Ch. 707, Sec. 2. )

120780.
  

For purposes of this chapter, “public entity” includes the state, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the state.

(Added by Stats. 2007, Ch. 707, Sec. 2. Effective January 1, 2008.)

120780.1.
  

A public entity that receives General Fund money from the State Department of Public Health for HIV prevention and education may use that money to support clean needle and syringe exchange programs authorized pursuant to existing law. The money may be used for, but is not limited to, the purchase of sterile hypodermic needles and syringes as part of a clean needle and syringe exchange program only if all of the following conditions are met:

(a) The General Fund money used for purchasing the sterile hypodermic needles and syringes does not supplant any other public or private funds or other resources for this purpose.

(b) The amount of the General Fund money used for purchasing the sterile hypodermic needles and syringes does not exceed 7.5 percent of the total amount of the General Fund money received by the public entity for HIV prevention and education.

(c) Each dollar of General Fund money used for purchasing the sterile hypodermic needles and syringes is matched by forty-three cents ($0.43) of moneys from nonstate public funds or private funds.

(d) The allocation of General Fund money for the purchase of sterile hypodermic needles and syringes is based upon epidemiological data as reported by the health jurisdiction in its local HIV prevention plan submitted to the Office of AIDS within the department.

(Added by Stats. 2007, Ch. 707, Sec. 2. Effective January 1, 2008.)

120780.2.
  

In order to reduce the spread of HIV, hepatitis C, and other potentially deadly blood-borne pathogens, the State Department of Public Health may purchase sterile hypodermic needles and syringes, and other supplies, for distribution to syringe exchange programs authorized pursuant to law. Supplies provided to programs, including those administered by local health departments, are not subject to the formulas and limits of Section 120780.1.

(Added by Stats. 2015, Ch. 18, Sec. 14. (SB 75) Effective June 24, 2015.)

120780.5.
  

(a) Upon an appropriation in the annual Budget Act, the State Department of Public Health shall award funding, on a competitive basis, to community-based organizations or local health jurisdictions to provide comprehensive HIV prevention and control activities for the most vulnerable and underserved individuals living with, or at high risk for, HIV infection. Applicants may include individual community-based organizations and local health jurisdictions, as well as collaborations between community-based organizations and local health jurisdictions.

(b) Entities located in any county are eligible to receive grant funding.

(c) Comprehensive HIV prevention and control activities may include, but are not limited to, any of the following:

(1) HIV testing, including the purchase of HIV test kits.

(2) Linkage to and retention in care for people living with HIV.

(3) Pre-exposure prophylaxis (PrEP)-related and post-exposure prophylaxis (PEP)-related activities.

(4) Syringe services programs.

(d) The department shall determine the funding levels of each award based on scope and geographic area. Priority for grants shall be given to community-based organizations or local health jurisdictions that, through their applications, demonstrate expertise, history, and credibility at working successfully in engaging the most vulnerable and underserved individuals living with, or at high risk for, HIV infection.

(e) Funds shall be allocated in a manner that balances the need to spread funding to as many local health jurisdictions and community-based organizations as possible and the need to provide meaningful activities to each recipient. Not less than 50 percent of the funds allocated shall be provided to community-based organizations, for purposes consistent with this section.

(f) The department shall determine the application process, selection criteria, and any reporting requirements for the grant, consistent with this section.

(g) The department shall develop measures for each local health jurisdiction and community-based organization funded pursuant to this section to demonstrate accountability.

(h) This section shall be operative only if funds are explicitly appropriated in the annual Budget Act specifically for purposes of this section.

(Added by Stats. 2019, Ch. 38, Sec. 22. (SB 78) Effective June 27, 2019. Section conditionally operative by its own provisions.)

HSCHealth and Safety Code - HSC