Legislature(1999 - 2000)
04/14/2000 09:08 AM Senate 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 NO. 261(HES)
"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."
Co-Chair Torgerson introduced the new committee substitute
for SB 261, work draft #1-LS175\K, Cramer, 4/14/00.
SENATOR KIM ELTON explained the changes made to the work
draft, providing a definition of "work practice controls"
and a "front line health care worker". Additionally, the
work draft provides further detail regarding the
exceptions. The details have been taken mostly from
California regulations.
Senator Elton noted that he had worked in collaboration
with Senator Pete Kelly and that the changes would enhance
the bill and provide some assurances for health care
workers. He pointed out that the bill would establish a
protocol in how the State handles federal mandates.
In response to Senator P. Kelly, Senator Elton explained
the federal compliance directive. He advised that the U.S.
Congress is currently working on similar legislation as
before the Committee. A compliance directive could be
amended since there is further work provided by
Occupational Safety and Health Administration (OSHA).
Senator Adams MOVED that the work draft version "K" be the
document before the Committee. There being NO OBJECTION,
it was adopted.
Senator Leman voiced concern with the impacts of the
legislation on health care facilities throughout the State.
He questioned if the legislation would create further
burdens in attempting to meet OSHA requirements.
Senator P. Kelly interjected that some hospitals and
clinics already have these procedures in place. The
legislation clarifies that if you do have it already in
effect, the legislative requirements would not need to be
adopted.
Co-Chair Torgerson questioned the fiscal impact.
Senator Elton commented that the changes made would not
effect the fiscal impact. The money note should have been
updated to a zero fiscal note.
Senator Adams MOVED to report CS SB 261 (FIN) out of
Committee.
Senator P. Kelly OBJECTED for a brief at-ease.
Senator Phillips noted a conflict of interest and asked to
refrain from voting.
Senator Adams WITHDREW the MOTION to move the bill from
Committee. There being NO OJBECTION, the bill was before
the Committee for discussion.
Senator Leman stated that the small clinics would be
required to meet the OSHA requirements. He MOVED an
amendment to Page 6, deleting Line #21; Line #24, the title
would be "Exemption for Small Employers" and Line #27,
would delete "until January 1, 2003". That action would
guarantee that it would take a positive move from a future
legislature to reinstate the requirements.
Co-Chair Torgerson recommended that Section 2, Line #21 be
left in the bill.
Senator Elton pointed out that the net effect of the
amendment would not exempt the smaller clinics from using
sharp needle devices. However, the effect would exempt
smaller clinics from having a front line health worker
involved in the process determing what devices would work
best for each patient. It would exempt the small clinics
from maintaining a sharp needle used by health care
workers. He emphasized that under the proposed
requirement, the small clinics would be have the same
requirements as a hospital, however, the only difference
would be that the front line health care worker would not
be involved in determining which device should be used.
Senator Leman stated that the small clinic could still do
that, however, the mandate would be removed.
Senator Adams OBJECTED to the proposed language change.
A roll call vote was taken on the motion.
IN FAVOR: Leman, Wilken, Kelly, Green, Donley,
Parnell, Torgerson
OPPOSED: Adams
Senator Phillips abstained from voting.
The MOTION PASSED (7-1).
Senator Adams MOVED to report the amended CS SB 261 (FIN)
out of Committee with individual recommendations and with
the accompanying fiscal notes. There being NO OBJECTION,
it was so ordered.
CS SB 261 (FIN) was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note by the
Department of Health and Social Services.
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