Legislature(1999 - 2000)
04/17/2000 02:05 PM House FIN
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* first hearing in first committee of referral
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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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