HBA-NMO H.B. 1646 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1646
By: Ehrhardt
Public Health
3/31/1999
Introduced



BACKGROUND AND PURPOSE 

The International Health-Care-Worker Safety Center at the University of
Virginia reports that approximately one million accidental needle sticks
occur each year nationally.  Nurses, physicians, and medical maintenance
staff report the highest incidence of these accidents.  These accidents can
expose persons to bloodborne pathogens such as the hepatitis B virus,
hepatitis C virus, and human immunodeficiency virus (HIV), and can also be
costly to the health care industry.  H.B. 1646 requires the Texas
Department of Health to establish an exposure control plan to minimize
exposure of health care industry workers to bloodborne pathogens.  The plan
includes the establishment, by rule, of minimum standards, needleless
systems, and injury logs.   

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Board of Health in SECTION 1
(Sections 81.304, 81.305, and 81.306, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 81, Health and Safety Code, by adding Subchapter
H, as follows: 

SUBCHAPTER H.  BLOODBORNE PATHOGEN EXPOSURE
CONTROL PLAN

Sec. 81.301.  DEFINITIONS.  (1) Defines "bloodborne pathogens" as
pathogenic microorganisms that are present in human blood and that can
cause diseases in humans, including the hepatitis B virus, hepatitis C
virus, and human immunodeficiency virus (HIV). Defines "engineered sharps
injury protection" as a physical attribute built into a needle device that
reduces the risk of an exposure incident.  Defines "governmental unit."
Defines "needleless system." Defines "sharp" as an object used or
encountered in a health care setting that can be reasonably anticipated to
penetrate the body and result in an exposure incident. Defines "sharps
injury." 

Sec. 81.302.  APPLICABILITY OF SUBCHAPTER.  Provides that this subchapter
applies only to a governmental unit that employs those who provide services
in a public or private facility providing health care-related services, or
otherwise have a risk of exposure to blood or other material potentially
containing bloodborne pathogens in connection with exposure to sharps. 

Sec. 81.303.  EXPOSURE CONTROL PLAN.  Requires the Texas Department of
Health (TDH) to establish an exposure control plan (plan) designed to
minimize exposure of employees described by Section 81.302 to bloodborne
pathogens.  Sets forth considerations that TDH must consider in developing
the plan. 

Sec. 81.304.  MINIMUM STANDARDS.  Requires the Texas Board of Health
(board), by rule, to adopt minimum standards to implement the plan and the
other provisions of this subchapter.  Requires that the rules be at least
as stringent as the analogous standards adopted by the federal Occupational
Safety and Health Administration.  Requires each governmental  unit to
comply with the minimum. 

Sec. 81.305.  NEEDLESS SYSTEMS.  (a) Requires the board, by rule, to
require that a governmental unit implement needleless systems and sharps
with engineered sharps injury protection for employees.   

(b) Provides that these requirements do not apply to the use of a
needleless system or sharps with engineered sharps injury protection in
circumstances in which an evaluation committee established that use of
needleless systems and sharps with engineered sharps protection will
jeopardize patient or employee safety with regard to a specific medical
procedure.  Provides that at least half of the members of an evaluation
committee established by a governmental unit to implement this subsection
must be employees who are health care workers who have contact with
patients or provide services. 

Sec. 81.306.  SHARPS INJURY LOG.  Requires the board, by rule, to require
that information concerning exposure incidents be recorded in a written or
electronic sharps injury log to be maintained by a governmental unit.
Specifies what information must be included. 

Sec. 81.307.  COMPILATION OF RESOURCES.  Requires TDH to compile and
maintain a list of existing needleless systems and sharps with engineered
sharps injury protection that will be available to assist governmental
units to comply with this subchapter.  Authorizes that the sources used in
developing the list include the federal Food and Drug Administration, the
Centers for Disease Control and Prevention of the U.S. Department of Health
and Human Services, the National Institute of Occupational Safety and
Health, and the U.S.  Department of Veterans Affairs. 

SECTION 2.  Effective date: September 1, 1999.  Requires the board to adopt
the plan and the rules required by Subchapter H, Chapter 81, Health and
Safety Code, not later than February 1, 2000. 

SECTION 3.  Emergency clause.