SENATE BILL NO. 480

INTRODUCED BY E. FRANKLIN

A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES ADOPT BLOODBORNE PATHOGEN STANDARDS FOR PREVENTION OF NEEDLESTICK AND SHARPS INJURIES TO PUBLIC EMPLOYEES."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

NEW SECTION. Section 1. Definitions. For the purposes of [sections 1 through 3], the following definitions apply:

(1) "Bloodborne pathogens" means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include but are not limited to hepatitis B virus, hepatitis C virus, and human immunodeficiency virus (HIV).

(2) "Engineered sharps injury protection" means a physical attribute built into:

(a) a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids that effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal, retraction, destruction, or other effective mechanisms; or

(b) any other type of needle device or into a nonneedle sharp that effectively reduces the risk of an exposure incident.

(3) "Needleless system" means a device that does not use needles for:

(a) the withdrawal of body fluids after initial venous or arterial access is established;

(b) the administration of medication or fluids; and

(c) any other procedure involving the potential for an exposure incident.

(4) "Public employee" means an employee of the state or a local government unit or of an agency of a state or local government who is employed in a public or private health care facility, home health agency, or other facility providing health care services.

(5) "Public employer" means each employer having public employees with occupational exposure to blood or other material potentially containing bloodborne pathogens.

(6) "Sharp" means any object used or encountered in a health care setting that can be reasonably anticipated to penetrate the skin or any other part of the body and to result in an exposure incident, including but not limited to needle devices, scalpels, lancets, broken glass, broken capillary tubes, exposed ends of dental wires, and dental knives, drills, and burs.

(7) "Sharps injury" means:

(a) any injury caused by a sharp, including but not limited to cuts, abrasions, or needlesticks; or

(b) a human bite.

(8) "Sharps injury log" means a written or electronic record satisfying the requirements of [section 2(1)(b)].

NEW SECTION. Section 2. Adoption of standard -- listing of systems. (1) The department of public health and human services shall, by administrative rule, adopt a bloodborne pathogen standard governing occupational exposure of public employees to blood and other potentially infectious materials. The standards must be at least as prescriptive as the standards promulgated by the federal occupational safety and health administration and must include but are not limited to the following:

(a) a requirement that needleless systems and sharps with engineered sharps injury protection be implemented in all facilities or agencies employing public employees except in cases in which an evaluation committee that is established by the public employer, of which at least half of the members are front-line health care workers, determines by means of an objective product evaluation criteria that use of needleless systems and sharps with engineered sharps injury protection will jeopardize patient or employee safety with regard to a specific medical procedure;

(b) a requirement that information concerning exposure incidents be recorded in a sharps injury log, including but not limited to:

(i) the date and time of the exposure incident;

(ii) the type and brand of sharp involved in the exposure incident; and

(iii) a description of the exposure incident, which must include:

(A) the job classification of the exposed employee;

(B) the department or work area where the exposure incident occurred;

(C) the procedure that the exposed employee was performing at the time of the incident;

(D) how the incident occurred;

(E) the body part involved in the exposure incident;

(F) if the sharp had engineered sharps injury protection, whether the protective mechanism was activated, and whether the injury occurred before the protective mechanism was activated, during the activation of the mechanism, or after the activation of the mechanism, if applicable;

(G) if the sharp did not have engineered sharps injury protection, the injured employee's opinion as to whether and how a protective mechanism could have prevented the injury and the basis for the opinion; and

(H) the employee's opinion about whether any other engineering, administrative, or work practice control could have prevented the injury and the basis for the opinion.

(2) The department of public health and human services may adopt rules as part of the standards to prevent sharps injuries or exposure incidents, including but not limited to training and educational requirements, measures to increase vaccinations, strategic placements of sharps containers as close to the work area as practical, and increased use of personal protective equipment.

(3) The department of public health and human services shall compile and maintain a list of existing needleless systems and sharps with engineered sharps injury protection that must be made available to assist employers in complying with the requirements of the bloodborne pathogen standards adopted pursuant to this section. The list may be developed from existing sources of information, including but not limited to the federal food and drug administration, the federal centers for disease control and prevention, the national institute for occupational safety and health, and the United States department of veterans affairs.

NEW SECTION. Section 3. Rulemaking authority. The department of public health and human services is granted rulemaking authority for the purpose of implementing [sections 1 through 3].

NEW SECTION. Section 4. Codification instruction. [Sections 1 through 3] are intended to be codified as an integral part of Title 50, chapter 70, and the provisions of Title 50, chapter 70, apply to [sections 1 through 3].

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