HB 120-HEALTH CARE EMPLOYEE PROTECTION CHAIR WILSON announced that the first order of business would be HOUSE BILL NO. 120 "An Act relating to safety devices and sharp instruments for the prevention of the spread of bloodborne pathogens in health care employees; and providing for an effective date." CHAIR WILSON passed the gavel to Vice Chair Seaton. 3:08:09 PM CHAIR WILSON, sponsor to HB 120, stated that HB 120 brings Alaska standards into compliance with federal standards concerning bloodborne pathogen protection. She related that Alaska's laws are in compliance with federal standards except concerning doctor offices with less than 25 people. At the time, she said, "we were thinking that maybe that was an area that it would cost too much for people ... we were kind of being worried about small businesses and so, that's why they weren't included at the time. Since then, we have learned so much more about bloodborne pathogens and the possibility of not only the patients, but the workers themselves, getting AIDS, hepatitis, or some type of blood disease ... all of the offices are in compliance with it anyway, this is just a way to get our statutes into compliance with it." She said that the passing of HB 120 will bring Alaska into compliance with federal standards, secure federal grant funds, and will clarify the standard practices for employees in doctor offices. REPRESENTATIVE KOHRING inquired as to the number of medical establishments affected by this bill. CHAIR WILSON said that dental offices across the state, small doctor's offices, and veterinarians are affected. REPRESENTATIVE KOHRING asked if anyone in the medical community objects to this legislation. CHAIR WILSON stated that she is not aware of anyone who objects to this legislation. REPRESENTATIVE KOHRING inquired as to the necessity of this legislation, if everyone is in compliance. CHAIR WILSON pointed out that legislation is necessary for two reasons: specific grant availability, and clarification on the interpretation of the standards. 3:12:11 PM REPRESENTATIVE GARDNER inquired as to sponsor statement of HB 120 repealing two exemptions, one referring to intra-oral procedures and the other referring to health care facilities with less than 25 employees. CHAIR WILSON directed Representative Gardner to the Sectional Analysis of HB 120; she explained that Section 2 exempts employers with fewer than 25 full-time employees. CAMILLE SOLEIL, Executive Director, Alaska Nurses Association, (ANA), stated that the ANA supports HB 120. She explained that the standards laid out in the statute, with the clarification of this bill, provide clear and consistent protection for both patients and health care workers. GREY MITCHELL, Director, Labor Standards and Safety Division, Department of Labor and Workforce Development, stated that he directs the Occupational Safety and Health Program for Alaska and that this program operates under a special jurisdiction from the federal government. He explained that based on the Occupational Safety and Health Act of 1970, states can apply for and receive a special jurisdiction to cover occupational safety and health within their state. The catch, he said, is that when a state does apply for that, they have to agree to maintain standards that are at least as effective as federal standards. He said that the federal Occupational Safety & Health Administration, (OSHA), came out with a broad set of bloodborne pathogen protection standards that force the revision of state requirements. He stated that the [Department of Labor & Workforce Development] strongly supports HB 120. VICE CHAIR SEATON inquired as to coverage for dentists under HB 120. MR. MITCHELL stated that the federal standards were adopted under a separate statute. He explained that [Alaskan] statute "18.60.020" allows for the adoption of federal regulations and the [Department of Labor & Workforce Development] has adopted the federal guidelines on bloodborne pathogens. He said that the state law conflicts with the adopted federal standards. The dentists, he related, are complying with the federal standards, because of the liabilities associated. REPRESENTATIVE CISSNA asked what other bloodborne pathogens are included in this legislation. MR. MITCHELL said that hepatitis and sexually transmitted diseases are higher in Alaska than in other states. He said that it makes sense to make sure that the protections are in place [through legislation] for health care businesses dealing with blood, needles, and cutting instruments that may have been contaminated. He continued: [this bill] maintains our Alaska program, which in our conversations with the dental society ... was one of their concerns ... they wanted to make sure that the Alaska Occupational Safety and Health Program maintained jurisdiction in Alaska ... right now, you can get a hearing in front of a group of people who are Alaskans, in Alaska, on an issue that you might dispute. If federal OSHA was to take over, you'd have to go down to Seattle, or San Francisco to have a hearing on an issue that you disputed ... there is a lot of support behind keeping the program in Alaska. 3:20:24 PM REPRESENTATIVE KOHRING moved to report HB 120 out of committee with individual recommendations and the accompanying "zero" fiscal notes. There being no objection, HB 120 was reported from the House Health, Education and Social Services Standing Committee. [VICE CHAIR SEATON passed the gavel back to Chair Wilson.]