23march00....3904h

4may00.....4329-EBA

2000 SESSION

00-2492

01/09

HOUSE BILL 1244

AN ACT relative to the use of certain needle technology.

COMMITTEE: Health, Human Services & Elderly Affairs

AMENDED ANALYSIS

This bill requires the commissioner of labor, in consultation with the commissioner of health and human services, to adopt rules to protect health care workers from occupational exposure to blood or other potentially infectious materials. The bill establishes a 10-member advisory council to advise the commissioner of labor and the commissioner of health and human services on such rules.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23march00....3904h

4may00.....4329-EBA

00-2492

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT relative to the use of certain needle technology.

Be it Enacted by the Senate and House of Representatives in General Court convened:

183:1 Statement of Purpose.

I. The general court finds and declares that:

(a) Each year in the United States, 150-200 health care workers die and many more suffer chronic and debilitating diseases due to injuries from needlesticks and sharps;

(b) The use of conventional needles results in increased risk of HIV infection and hepatitis B and C for health care workers;

(c) Equipment exists to prevent most injuries from needlesticks and sharps but concern with health care costs has impeded the widespread use of safer technologies; and

(d) It is of critical importance to the health care industry that safer needle technology be adopted to protect health care workers from needlesticks and other sharps injuries and that health care workers receive ongoing training on safe work practices.

II. Therefore, the general court hereby establishes an advisory council on issues related to the occupational exposure of health care workers to blood or other potentially infectious materials.

183:2 New Subdivision; Protection of Health Care Workers From Injuries From Needlesticks and Sharps. Amend RSA 275 by inserting after section 56 the following new subdivision:

Protection of Health Care Workers From Injuries From Needlesticks and Sharps

275:57 Definition. In this subdivision, "sharp" means any object used or encountered by a health care worker that can be reasonably anticipated to penetrate the skin or any other part of the body and result in an exposure incident, including but not limited to, needles, scalpels, lancets, broken glass, broken capillary tubes, exposed ends of dental wires and dental knives, drills and burs.

275:58 Advisory Council.

I. The labor commissioner shall appoint an advisory council which shall consist of the following members who shall serve 2-year terms:

(a) A registered nurse.

(b) A licensed practical nurse.

(c) A physician assistant.

(d) A physician.

(e) A phlebotomist.

(f) Two representatives of health care facilities.

(g) A dentist.

(h) An emergency medical technician.

(i) An infection control person.

II. The commissioner of health and human services, or designee, shall be an ex officio member of the advisory council.

III. The council shall advise the commissioner, in consultation with the commissioner of health and human services, on the content of the rules to be adopted pursuant to this subdivision and shall, upon request by the labor commissioner, provide technical assistance to the labor commissioner on issues related to the occupational exposure of health care workers to blood or other potentially infectious materials.

IV. The initial meeting of the advisory council shall be called by the commissioner within 60 days of the effective date of this subdivision. At its initial meeting the council shall select a chairperson from among its members. The council shall meet as necessary to accomplish its duties, provided that the council shall meet at least annually or at the request of the chairperson or the labor commissioner.

275:59 Rulemaking. The commissioner, in consultation with the commissioner of health and human services, shall adopt rules, pursuant to RSA 541-A, to protect health care workers in the public sector from occupational exposure to blood or other potentially infectious materials. These rules shall not be inconsistent with the bloodborne pathogen regulations adopted for the private sector by the Occupational Safety and Health Administration within the United States Department of Labor.

183:3 Contingency. If SB 402-FN of the 2000 legislative session becomes law, then RSA 275:57-59 as inserted by section 2 of this act shall be renumbered as RSA 275:58-60.

183:4 Effective Date. This act shall take effect January 1, 2001.

(Approved: May 26, 2000)

(Effective Date: January 1, 2001)