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


Senate Research CenterC.S.S.B. 905
76R14517 CMR-DBy: Bernsen
Health Services
5/5/1999
Committee Report (Substituted)


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 percent are physicians. The next highest category of those injured
includes housekeepers, maintenance persons, and those who work in laundry
facilities. C.S.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, C.S.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
(Sections 81.304 and 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
analogous to 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 recommend
that a governmental unit implement needleless systems and sharps with
engineered sharps injury protection for employees. Provides that the
recommendations 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 report of the board's decision to be
submitted to the department annually.  Requires at least half of the
members of an evaluation  committee to be employees who are health care
workers who have direct contact with patients or provide services on a
regular basis.  Prohibits the rules from prohibiting the use of a prefilled
syringe that is approved by the federal Food and Drug Administration.
Provides that this subsection expires May 1, 2003. 

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 be reported to the department to include
certain items.  Establishes that information regarding which
recommendations under Section 81.305(a) were adopted by the government
entity. 

Sec. 81.307. DEVICE REGISTRATION. Requires the department to implement a
registration program for existing needless systems and sharps with
engineered sharps injury protection.  Requires the department to compile
and maintain a list of existing needless systems and sharps with engineered
sharps injury protection that are available in the commercial marketplace
and registered  with the department to assist government units to comply
with this subchapter.  Requires the department to charge a fee to register
a device in an amount established by the board.  Authorizes the fees
collected under this section to be appropriated only to the department to
implement this subchapter. 

SECTION 2. Effective date: September 1, 1999, except as provided by
Subsection (e). 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 September 1, 2000.  Requires the governmental unit,
except as provided by Subsection (d), to comply with Chapter 81H, Health
and Safety Code, not later than January 1, 2001.  Authorizes the department
to waive the application of Chapter 81H, Health and Safety Code, to a rural
county if the department finds that the application of the subchapter  to
the county would be unduly burdensome.  Provides that a waiver granted
under this subsection expires December 31, 2001.  Defines "rural county."
Establishes that this Act takes effect only if a specific appropriation for
the implementation of this Act is provided by H.B. 1, Acts of the 76th
Legislature, Regular Session, 1999.  Provides that this Act has no effect
if H.B. 1 has no specific appropriation provided. 

SECTION 3. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

SECTION 1.

Amends Section 81.301, Health and Safety Code, to redefine "engineered
sharps injury protection" and "sharps injury." 

Amends Section 81.304, Health and Safety Code, to delete proposed text
regarding the extent to which rules must be stringent. 

Amends Section 81.305, Health and Safety Code, to make certain
recommendations, rather than requirements.  Requires a report of the
board's decision to be submitted to the department annually.  Requires at
least half of the members of an evaluation committee to be employees who
are health care workers who have direct contact with patients or provide
services on a regular basis.  Prohibits the rules from prohibiting the use
of a prefilled syringe that is approved by the federal Food and Drug
Administration.  Provides that this section expires May 1, 2003. 

Amends Section 81.306, Health and Safety Code, to establish that
information regarding recommendations under Section 81.305(a) were adopted
by the government entity.  

Amends Section 81.307, Health and Safety Code, to establish conditions
regarding the implementation of and fee for sharps injury protection
devices. 

SECTION 2. 
 
Effective date: September 1, 1999, except as provided by Subsection (e).
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 September 1, 2000.  Requires the governmental unit, except as
provided by Subsection (d), to comply with Chapter 81H, Health and Safety
Code, not later than January 1, 2001.  Authorizes the department to waive
the application of Chapter 81H, Health and Safety Code, to a rural county
if the department finds that the application of the subchapter  to the
county would be unduly burdensome.  Provides that a waiver granted under
this subsection expires December 31, 2001.  Defines "rural county."
Establishes that this Act takes effect only if a specific appropriation for
the implementation of this Act is provided by H.B. 1, Acts of the 76th
Legislature, Regular Session, 1999. Provides that this Act has no effect if
H.B. 1 has no specific appropriation provided.