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County of Monterey cquired immunity by benbenzhou

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County of Monterey cquired immunity

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									                 Before the Board of Supervisors in and for the
                    County of Monterey, State of California
Resolution No. 09-___

a. Ratify the Proclamations of Local           )
Emergency by the County Administrative         )
Officer in relation to HIV disease and the     )
Clean Needle and Syringe Exchange              )
Program, during the period of July 27,         )
2009 through August 25, 2009; and              )
b. Authorize John XXIII AIDS Ministry          )
under California Health & Safety Code          )
Section 121349.1 to operate a Clean            )
Needle and Syringe Exchange Program            )
within Monterey County.. . . . . . . . . . .   )

                                        RECITALS:
   1. Since 2002, John XXIII AIDS Ministry, a local non-profit HIV-prevention agency, has
      operated and continues to operate a clean needle and syringe exchange program within
      Monterey County.

   2. The need for the exchange program remains high. Injection Drug Users (IDU) continue
      to be a primary group at risk of becoming infected with HIV and developing Acquired
      Immune Deficiency Syndrome (AIDS). According to the 2008 Monterey County Health
      Department Annual HIV/AIDS Surveillance Report, 8% of adult and adolescent males,
      and 3% of adult and adolescent females reported injection drug use exposure to HIV.
      Studies have indicated that the lack of sterile needles available on the streets and the
      existence of laws restricting needle availability promote needle sharing, and,
      consequently, the spread of HIV among injection drug users. In addition, studies have
      shown that the sharing of contaminated needles is the “primary” means of HIV
      transmission within the IDU population.

   3. On December 20, 1994, the BOS proclaimed a state of local emergency relating to the
      spread of HIV disease among injection drug users in Monterey County in accordance
      with former California Health & Safety Code Section 11364.7. Former Section 11364.7
      prohibited any public entity, its agents, or employees from being subject to criminal
      prosecution for distribution of hypodermic needles or syringes to participants in clean
      needle and syringe exchange programs authorized by the public entity pursuant to “a
      declaration of a local emergency due to the existence of a critical local public health
      crisis.” In addition, Government Code Section 8630 requires the BOS to review the need
      for continuing a local state of emergency every 14 days and to issue a new declaration, if
      warranted. In accordance with Health & Safety Code Section 11364.7 and Government
      Code Section 8630, the BOS has consistently declared the need for a local emergency
      since 1994. Pursuant to Government Code Section 8630, the County Administrative
      Officer officially proclaimed a local emergency due to the existence of a critical local
      public health crisis every seven days, for the period July 27, 2009 through August 25,
      2009 during the BOS’s recess.
    4. Effective January 1, 2006, an amendment to state law (1) deleted from Health and Safety
       Code section 11364.7 the above italicized language requiring a declaration of a local
       emergency and (b) added Health & Safety Code Section 121349.1, giving cities and
       counties the power to authorize a needle exchange program without the need for a
       declaration of a local emergency. So long as the program is authorized by the county
       under Section 12349.1, providers participating in a clean needle and syringe exchange
       program are not subject to criminal prosecution for possession of needles or syringes
       during participation in an exchange program.

    5. Given the continuing risk endured by IDU in the County of becoming infected with HIV
       and developing AIDS, and given the continuing local need for a clean needle and syringe
       program, the John XXIII AIDS Ministry should be permitted, pursuant to Health and
       Safety Code section 12349.1, to continue to operate its exchange program, at its
       discretion and pursuant to all applicable state and federal law, without being subject to
       criminal prosecution for possession of needles and syringes and without the continued
       necessity of a declaration by the BOS of a local emergency.

NOW, THEREFORE, the Board of Supervisors does hereby resolve as follows.

    1. The Proclamations of Local Emergency by the County Administrative Officer in relation
       to HIV disease and the Clean Needle and Syringe Exchange Program, issued for the
       period July 27, 2009 through August 25, 2009 are ratified and declared in effect for the
       stated period.

    2. John XXIII AIDS Ministry is hereby authorized, pursuant to California Health and Safety
       Code Section 121349.1, to operate, at its discretion and pursuant to all applicable local,
       state and federal laws, a Clean Needle and Syringe Program within Monterey County.

PASSED AND ADOPTED on this ____ day of _______, 200__, upon motion of Supervisor
___________________, seconded by Supervisor __________________, by the following vote,
to wit:

AYES: Supervisors
NOES:
ABSENT:
ABSTAIN:

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book ______, on _____________________, 200__.


Dated:

                                             Gail T Borkowski, Clerk of the Board of Supervisors,
                                             County of Monterey, State of California

                                             By _________________________________________
                                                                          , Deputy

								
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