SRC-ARR S.B. 905 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 905
76R4866 CMR-DBy: Bernsen
Health Services
5/2/1999
As Filed


DIGEST 

The International Health-Care Worker Safety Center at the University of
Virginia reports that there are approximately one million accidental needle
sticks each year in the United States. Almost half of the accidental needle
stick victims are Registered Nurses and Licensed Practical Nurses, while
12.4% are physicians. The next highest category of those injured includes
housekeepers, maintenance persons, and those who work in laundry
facilities. S.B. 905 would require the Texas Department of Health to adopt
a bloodborne pathogen standard governing occupational exposure of public
employees to blood and other potentially infectious materials. 

PURPOSE

As proposed, S.B. 905 sets forth standards for occupational exposure of
public employees to bloodborne pathogens.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Board of Health in SECTION 1
(Section 81.304 and Section 81.305(a), 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

Sec. 81.301. DEFINITIONS. Defines "bloodborne pathogens," "engineered
sharps injury protection," "governmental unit," "needleless system,"
"sharp," and "sharps injury." 

Sec. 81.302. APPLICABILITY OF SUBCHAPTER. Provides that this subchapter
applies only to a governmental unit employs certain employees. 

Sec. 81.303. EXPOSURE CONTROL PLAN. Requires the Texas Department of Health
(department) to establish an exposure control plan designed to minimize
exposure of employees described by Section  81.032 to bloodborne pathogens.
Requires the department to consider certain items 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 exposure control plan
and the other provisions of this subchapter. Requires the rules to 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 standards adopted under this subchapter. 

Sec. 81.305. NEEDLELESS SYSTEMS. Requires the board, by rule, to require
that a governmental unit implement needleless systems and sharps with
engineered sharps injury protection for employees. Provides that the
requirements adopted under Subsection (a) do not apply to the use of a
needleless system or sharps with engineered sharps injury protection in
certain circumstances. Requires at least half of the members of an
evaluation committee  established by a governmental unit to implement this
subsection to be employees who have contract with the patients of 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.
Requires the information to include certain items. 

Sec. 81.307. COMPILATION OF RESOURCES. Requires the department 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 the sources
used in developing the list to include certain organizations. 

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

SECTION 3. Emergency clause.