Legislature(1999 - 2000)
04/17/2000 02:05 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL 261(FIN) "An Act relating to needle stick and sharps injury protections and the use of safe needles by health care facilities and health care professionals; relating to the vaccination of health care workers against diseases transmitted by bloodborne pathogens; and providing for an effective date." SENATOR KIM ELTON, SPONSOR testified in support of the legislation. He noted that the legislation brings needed protection to health care workers from accidental needle stick injuries. There are between 600,000 and a million accidental sticks a year. The affect of these sticks is that there have been 50,000 - 60,000 cases of serious disease contracted by health care workers over the last decade. On the average, at least one health care worker per week is exposed to HIV. Health care workers are at risk from Hepatitis C contracted from accidental sticks. Health care workers are four times more likely than a police officer to be injured on the job. There are a number of safe needle devices that could reduce this risk. Senator Elton observed that the bill requires an evaluation of safe needle devices. Management working with front line health workers, like nurses would evaluate the devices. The use of safe needles would be required with a few exceptions: devices would not be required if it were demonstrated that they would jeopardize the safety or care to the patient and if the provider can demonstrate that the safety device is not more affective in preventing accidental needle stick exposures. The Occupational Safety and Health Administration (OSHA) requires all facilities to use safe needle devices. Senator Elton explained the difference between the bill and the OSHA requirements. The legislation sets up an accidental sharp needle injury log, which would allow health facilities to identify accidental sticks. The legislation would also require the involvement of front line health workers in evaluating the devices. Senator Elton pointed out that the legislation was amended to exempt facilities or employers with fewer than 25 employees. The employers would still have to use safe needle devices because of the OSHA requirement, but they would not be required to set up an evaluation committee and maintain a log. In response to a question by Vice Chair Bunde, Senator Elton observed that the log requirement was based on practices of other states. The intent is to maintain a log of the critical points for accidental needle sticks in order to determine the action of the health facility in response to sticks. This would help to further advances in health care. Co-Chair Mulder expressed concern that the Department of Labor and Workforce Development would have authority to establish regulations for training and education. Senator Elton noted that there is a zero fiscal note and observed that the Department of Labor and Workforce Development would collect information. AL DWYER, DIRECTOR, DIVISION OF LABOR STANDARDS AND SAFETY, DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT clarified that the they are federal requirements. He did not anticipate additional regulations. The bill clarifies federal requirements that are enforced by the department. Representative Phillips expressed concern with the exemption for employers with less than 25 employees. Senator Elton noted that the change was made in the Senate Finance Committee. The exemption would not affect the use of safe needle devices because employers would still be required by OSHA to use safe needle devices. The employers would not be required to set up an evaluation committee with frontline health care workers or maintain a log. In response to a question by Representative Foster, Senator Elton acknowledged that tired health care workers are responsible for many of the accidental sticks that they receive. He pointed out that the devices are self- retracting. Problems also occur with bedding where needles may have been lost. Senator Elton stated that there are zero fiscal notes reflecting the fact that the devices are already required under OSHA. ANGIE SCHMITZ, STAFF, SENATOR ELTON provided information on the fiscal notes. She observed that there were three zero fiscal notes: Department of Labor and Workforce Development, Department of Corrections and Department of Health and Social Services. Representative Foster MOVED to report CSSB 261(FIN) out of Committee with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSSB 261(FIN) was REPORTED out of Committee with a "do pass" recommendation and with three zero fiscal notes: Department of Labor and Workforce Development, Department of Corrections and Department of Health and Social Services. (TAPE CHANGE, HFC 00 - 124, SIDE 2)
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