House Bill 0047c1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000               CS/HB 47

        By the Committee on Health Care Licensing & Regulation and
    Representatives Kosmas, Effman, Chestnut, C. Green, Kelly,
    Boyd, Detert, Ritter, Ogles and Crow




  1                      A bill to be entitled

  2         An act relating to safety standards for public

  3         health care employees; providing definitions;

  4         requiring that the Department of Labor and

  5         Employment Security adopt a

  6         blood-borne-pathogen standard for public

  7         employees; requiring the use of needleless

  8         systems, sharps with engineered sharps injury

  9         protection, and approved needlestick prevention

10         technologies; requiring that incidents of

11         exposure be recorded in a sharps injury log;

12         specifying the information to be included in

13         the sharps injury log; authorizing the

14         Department of Labor and Employment Security to

15         include additional requirements as part of the

16         blood-borne-pathogen standard; requiring that

17         the department compile a list of needleless

18         systems, sharps with engineered sharps injury

19         protection, and approved needlestick prevention

20         technologies to assist employers in complying

21         with the department's standard; providing a

22         legislative finding of an important state

23         interest; providing an effective date.

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25  Be It Enacted by the Legislature of the State of Florida:

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27         Section 1.  (1)  As used in this section, the term:

28         (a)  "Approved needlestick prevention technology" means

29  any sharps destruction device or other device or technology

30  that:

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    Florida House of Representatives - 2000               CS/HB 47

    601-179-00






  1         1.  Unless exempt from the premarket clearance and

  2  approval requirements of the Federal Food, Drug, and Cosmetic

  3  Act, the United States Food and Drug Administration has

  4  cleared or approved as safe and effective in reducing the risk

  5  of needlestick injuries.

  6         2.  The public employer's evaluation committee

  7  reasonably determines will effectively reduce the risk of an

  8  exposure incident at the employer's work site.

  9         (b)  "Blood-borne pathogens" means pathogenic

10  microorganisms that are present in human blood and that can

11  cause disease in humans, including, but not limited to,

12  hepatitis B virus, hepatitis C virus, and human

13  immunodeficiency virus.

14         (c)  "Engineered sharps injury protection" means a

15  physical attribute:

16         1.a.  Built into or used with a needle device used for

17  withdrawing body fluids, accessing a vein or artery, or

18  administering medications or other fluids by employing a

19  mechanism such as barrier creation, blunting, encapsulation,

20  withdrawal, retraction, destruction, or other effective

21  mechanisms; or

22         b.  Built into or used with any other type of needle

23  device, or into a non-needle sharp.

24         2.  That is incorporated into a device that:

25         a.  Unless exempt from the premarket clearance and

26  approval requirements of the Federal Food, Drug, and Cosmetic

27  Act, the United States Food and Drug Administration has

28  cleared or approved as safe and effective in reducing the risk

29  of needlestick injuries.

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    Florida House of Representatives - 2000               CS/HB 47

    601-179-00






  1         b.  The public employer's evaluation committee

  2  reasonably determines will effectively reduce the risk of an

  3  exposure incident at the employer's work site.

  4         (d)  "Needleless system" means a device that does not

  5  use needles for:

  6         1.  The withdrawal of body fluids after initial venous

  7  or arterial access is established.

  8         2.  The administration of medication or fluids.

  9         3.  Any other procedure that involves the potential for

10  an exposure incident.

11         (e)  "Public employer" means any employer that employs

12  public employees who have occupational exposure to blood or

13  other material that potentially contains blood-borne

14  pathogens.

15         (f)  "Public employee" means an employee of the state

16  or a political subdivision of the state who is employed in a

17  health care facility, home health care organization, or other

18  facility that provides health care services.

19         (g)  "Sharp" means any object used or encountered in a

20  health care setting which can be reasonably anticipated to

21  penetrate the skin or any other part of the body and to result

22  in an exposure incident, including, but not limited to, needle

23  devices, scalpels, lancets, broken glass, broken capillary

24  tubes, exposed ends of dental wires, dental knives, drills,

25  and burs.

26         (2)  The Department of Labor and Employment Security

27  shall adopt a blood-borne-pathogen standard governing public

28  employees. The standard must be at least as stringent as the

29  standard adopted by the federal Occupational Safety and Health

30  Administration and must include, but need not be limited to:

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    Florida House of Representatives - 2000               CS/HB 47

    601-179-00






  1         (a)  A requirement that needleless systems, sharps with

  2  engineered sharps injury protection, and approved needlestick

  3  prevention technologies be used in all facilities that employ

  4  public employees, except in cases where an evaluation

  5  committee, established by the public employer and consisting

  6  of a majority of health care workers, determines by means of

  7  an objective evaluation of products that the use of such

  8  devices will jeopardize the safety of patients or employees

  9  with respect to a specific medical procedure.

10         (b)  The standards adopted under this subsection may

11  not prohibit the use of a prefilled syringe that is approved

12  by the United States Food and Drug Administration. This

13  paragraph expires May 1, 2003.

14         (c)  A requirement that information concerning

15  incidents of exposure be recorded in a sharps injury log that

16  includes, but need not be limited to:

17         1.  The date and time of the exposure incident.

18         2.  The type and brand of sharp involved in the

19  exposure incident.

20         3.  A description of the exposure incident, which must

21  include:

22         a.  The job classification of the exposed employee.

23         b.  The department or work area where the exposure

24  incident occurred.

25         c.  The procedure that the exposed employee was

26  performing at the time of the incident.

27         d.  How the incident occurred.

28         e.  The body part involved in the exposure incident.

29         f.  If the sharp had engineered sharps injury

30  protection, whether the protective mechanism was activated,

31  and whether the injury occurred before the protective

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    Florida House of Representatives - 2000               CS/HB 47

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  1  mechanism was activated, during activation of the mechanism,

  2  or after activation of the mechanism, if applicable.

  3         (3)  The Department of Labor and Employment Security

  4  shall consider additional requirements as part of the

  5  blood-borne-pathogen standard in order to prevent sharps

  6  injuries or exposure incidents, including, but not limited to,

  7  training and educational requirements, measures to increase

  8  vaccinations, strategic placement of sharps containers as

  9  close to the work area as practical, and increased use of

10  personal protective equipment.

11         (4)  The Department of Labor and Employment Security

12  shall compile and maintain a list of existing needleless

13  systems and sharps with engineered sharps injury protection,

14  and approved needlestick prevention technologies, which shall

15  be available to assist public employers in complying with the

16  requirements of the blood-borne-pathogen standard adopted

17  under this section. The list may be developed from existing

18  sources of information, including, but not limited to, the

19  federal Food and Drug Administration, the federal Centers for

20  Disease Control and Prevention, the federal Occupational

21  Safety and Health Administration, and the United States

22  Department of Veterans Affairs.

23         Section 2.  The Legislature hereby determines and

24  declares that the provisions of this act fulfill an important

25  state interest due to the benefits of the prevention of

26  communicable diseases.

27         Section 3.  This act shall take effect July 1, 2000.

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