Legislature(1999 - 2000)

04/14/2000 03:33 PM L&C

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 440-PROTECTION FROM NEEDLE & SHARPS INJURIES                                                                                 
                                                                                                                                
CHAIRMAN ROKEBERG announced the first order of business is HOUSE                                                                
BILL NO. 440, "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 blood borne                                                                 
pathogens; and providing for an effective date."                                                                                
                                                                                                                                
Number 0128                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS made a motion to adopt the proposed committee                                                             
substitute for HB 440 (LS1580\H, Cramer, 4/13/00).  There being no                                                              
objection, HB 440, Version H, was adopted.                                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG indicated there are several amendments to the                                                                 
bill.  He asked Representative Harris if he is aware of these                                                                   
amendments.                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS replied yes.                                                                                              
                                                                                                                                
CHAIRMAN ROKEBERG wondered if the amendments "conform this bill                                                                 
with the Senate version, which is moving along?"                                                                                
                                                                                                                                
REPRESENTATIVE HARRIS stated that is correct.                                                                                   
                                                                                                                                
CHAIRMAN ROKEBERG asked, "Would that be your intention when we                                                                  
offer those to conform to (indisc.)?"                                                                                           
                                                                                                                                
REPRESENTATIVE HARRIS said, "Absolutely."                                                                                       
                                                                                                                                
CHAIRMAN ROKEBERG commented that the committee would take brief                                                                 
testimony on the bill.  He asked Tim Bundy if he is available to                                                                
simply answer questions on the bill.                                                                                            
                                                                                                                                
                                                                                                                                
TIM BUNDY, Assistant Chief, Consultation and Training, Division of                                                              
Labor Standards and Safety, Department of Labor and Workforce                                                                   
Development, testified via teleconference from Anchorage.  He noted                                                             
that he is available to answer any questions on HB 440, Version H.                                                              
                                                                                                                                
Number 0205                                                                                                                     
                                                                                                                                
MANO FREY, President, Alaska American Federation of Labor and                                                                   
Congress of Industrial Organizations (AFL-CIO), testified via                                                                   
teleconference from Anchorage.  He stated that the Laborers' Union                                                              
represents nearly 300 registered nurses and an additional 200 or                                                                
more health care workers at Alaska Regional Hospital.  The                                                                      
Laborers' Union supports the bill and thinks it would go a long way                                                             
in helping protect those involved in the medical industry.                                                                      
                                                                                                                                
CHAIRMAN ROKEBERG asked Mr. Frey if he has seen the Senate version                                                              
of this bill.                                                                                                                   
                                                                                                                                
MR. FREY commented that he has the committee substitute for HB 440.                                                             
                                                                                                                                
REPRESENTATIVE HARRIS made a motion for the adoption of Amendment                                                               
1 which reads:                                                                                                                  
                                                                                                                                
     Page 1, line 14:                                                                                                           
                                                                                                                                
          Delete:  "(h)"                                                                                                        
          Insert:  "(g)"                                                                                                        
                                                                                                                                
     Page 3, lines 19-22:                                                                                                       
                                                                                                                                
          Delete subsection (f).                                                                                                
          Reletter remaining subsections.                                                                                       
                                                                                                                                
There being no objection, Amendment 1 was adopted.                                                                              
                                                                                                                                
REPRESENTATIVE HARRIS made a motion for the adoption of Amendment                                                               
2 which reads:                                                                                                                  
                                                                                                                                
     Delete:  Page 2, line 19, from "engineering control"                                                                       
     through line 22 "procedure;".                                                                                              
                                                                                                                                
     Insert:  "needleless systems and sharps with engineered                                                                    
     sharps injury protections are not required if:"                                                                            
                                                                                                                                
               (A) the devices are not available in the                                                                         
     marketplace;                                                                                                               
                                                                                                                                
               (B) the evaluation committee described in (g)                                                                    
     of this section determines by means of objective product                                                                   
     evaluation criteria that use of the devices may                                                                            
     jeopardize patient safety if use for                                                                                       
                                                                                                                                
                    (i) a class or type of procedure; or                                                                        
                                                                                                                                
                    (ii) a class or type of procedure when                                                                      
     performed on a certain type of patient;                                                                                    
                                                                                                                                
               (C) a certified or licensed health care worker                                                                   
     directly involved in the patient's care determines, in                                                                     
     the reasonable exercise of clinical judgement, that use                                                                    
     of the devices will jeopardize the patient's safety or                                                                     
     the success of the particular medical procedure involving                                                                  
     the patient; a health care worker who makes this                                                                           
     determination shall file a report with the employer, in                                                                    
     writing, including the date, time, patient, and procedure                                                                  
     involved, and a statement of the reasons why the employee                                                                  
     failed to use an approved needless system or sharp with                                                                    
     engineered sharps injury protections;                                                                                      
                                                                                                                                
               (D) the employer can demonstrate by means of                                                                     
     objective product evaluation criteria that use of the                                                                      
     devices is not more effective in preventing exposure                                                                       
     incidents than the alternative used by the employer; or                                                                    
                                                                                                                                
               (E) the employer can demonstrate, with respect                                                                   
     to an engineering control that has not been available in                                                                   
     the marketplace for at least 12 months, that reasonable                                                                    
     specific and reliable information is not available                                                                         
     regarding the safety performance of the engineering                                                                        
     control for the employer's procedures, and that the                                                                        
     employer is actively determining by means of objective                                                                     
     product evaluation criteria whether the use of the                                                                         
     engineering control will reduce the risk of exposure                                                                       
     incidents occurring in the employer's workplace;                                                                           
                                                                                                                                
There being no objection, Amendment 2 was adopted.                                                                              
                                                                                                                                
REPRESENTATIVE HARRIS made a motion for the adoption of Amendment                                                               
3 which reads:                                                                                                                  
                                                                                                                                
     Page 3, line 5, after "exposure incident"                                                                                  
                                                                                                                                
     Insert: "that must include"                                                                                                
                                                                                                                                
               (A) the job classification of the exposed                                                                        
     employee;                                                                                                                  
                                                                                                                                
               (B) the department or work area where the                                                                        
     exposure incident occurred;                                                                                                
                                                                                                                                
               (C) the procedure that the exposed employee was                                                                  
     performing at the time of the incident;                                                                                    
                                                                                                                                
               (D) how the incident occurred;                                                                                   
                                                                                                                                
               (E) the body part involved in the exposure                                                                       
     incident;                                                                                                                  
                                                                                                                                
               (F) if the sharp had engineered sharps injury                                                                    
     protections, whether the protective mechanism was                                                                          
     activated, and whether the injury occurred before the                                                                      
     protective mechanism was activated, during activation of                                                                   
     the mechanism, or after activation of the mechanism;                                                                       
                                                                                                                                
               (G) if the sharp had no engineered sharps                                                                        
     injury protections, the injured employee's opinion as to                                                                   
     whether and how such a mechanism could have prevented the                                                                  
     injury, as well as the basis for the opinion; and                                                                          
                                                                                                                                
               (H) whether an engineering, administrative, or                                                                   
     work practice control could have prevented the injury, as                                                                  
     well as the recorder's basis for the opinion.                                                                              
                                                                                                                                
There being no objection, Amendment 3 was adopted.                                                                              
                                                                                                                                
REPRESENTATIVE HARRIS made a motion for the adoption of Amendment                                                               
4 which reads:                                                                                                                  
                                                                                                                                
     Page 3, lines 27 - 31:                                                                                                     
                                                                                                                                
          Delete current language.                                                                                              
                                                                                                                                
          Insert:                                                                                                               
                                                                                                                                
          (g) An employer who employs 10 or more front-line                                                                     
     health care workers shall establish an evaluation                                                                          
     committee, at least half the members of which are                                                                          
     front-line health care workers.  An employer who employs                                                                   
     fewer than 10 front-line health care workers shall                                                                         
     establish an evaluation committee with at least one                                                                        
     member who is a front-line health care worker.  An                                                                         
     employer who has established a committee before the                                                                        
     effective date of this section that satisfies the                                                                          
     requirements of this subsection is not required to                                                                         
     establish an additional committee under this subsection.                                                                   
                                                                                                                                
There being no objection, Amendment 4 was adopted.                                                                              
                                                                                                                                
REPRESENTATIVE HARRIS made a motion for the adoption of Amendment                                                               
5 which reads:                                                                                                                  
                                                                                                                                
     Page 4, line 24, after "workplace;":                                                                                       
                                                                                                                                
          Insert:                                                                                                               
                                                                                                                                
               (6) "front-line health care worker" means a                                                                      
     nonmanagerial employee responsible for direct patient                                                                      
     care with potential occupational exposure to                                                                               
     sharps-related injuries;                                                                                                   
                                                                                                                                
     Renumber sections accordingly.                                                                                             
                                                                                                                                
There being no objection, Amendment 5 was adopted.                                                                              
                                                                                                                                
REPRESENTATIVE HARRIS made a motion for the adoption of Amendment                                                               
6 which reads:                                                                                                                  
                                                                                                                                
     Page 5, line 7, after "18.60.880(c)"                                                                                       
                                                                                                                                
          Insert: ";"                                                                                                           
                                                                                                                                
                    (11) "work practice controls" are controls                                                                  
     that reduce the likelihood of exposure by altering the                                                                     
     manner in which a task is performed.                                                                                       
                                                                                                                                
There being no objection, Amendment 6 was adopted.                                                                              
                                                                                                                                
Number 0365                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS made a motion for the adoption of Amendment                                                               
7 which reads:                                                                                                                  
                                                                                                                                
     Page 5, line 8 after "2003":                                                                                               
                                                                                                                                
          Insert:                                                                                                               
                                                                                                                                
               Section 3. The uncodified law of the State of                                                                    
     Alaska is amended by adding a new section to read:                                                                         
                                                                                                                                
                    EMPLOYERS WITH LESS THAN TWENTY-FIVE                                                                        
     FULL-TIME EQUIVALENT EMPLOYEES:  Notwithstanding AS                                                                        
     18.60.880 and 18.60.890, enacted by section 1 of this                                                                      
     Act, an employer who has fewer than 25                                                                                     
     full-time-equivalent employees is not required to comply                                                                   
     with AS 18.60.880 and 18.60.890.                                                                                           
                                                                                                                                
          Renumber sections accordingly.                                                                                        
                                                                                                                                
CHAIRMAN ROKEBERG objected for the purpose of discussion.  He                                                                   
stated that the amendment is an uncodified exemption for businesses                                                             
of less than 25 people.  He agrees with the amendment and removed                                                               
his objection.  There being no further objection, Amendment 7 was                                                               
adopted.                                                                                                                        
                                                                                                                                
Number 0421                                                                                                                     
                                                                                                                                
REPRESENTATIVE HARRIS made a motion to move HB 440, Version H, as                                                               
amended, out of committee with individual recommendations and the                                                               
attached fiscal note.  There being no objection, CSHB 440(L&C)                                                                  
moved from the House Labor and Commerce Standing Committee.                                                                     
                                                                                                                                

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