Text: HF00406 Text: HF00408 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 135.39A NEEDLES – REGULATION.
1 2 1. As used in this section, unless the context otherwise
1 3 requires:
1 4 a. "Emergency medical care provider" means emergency
1 5 medical care provider as defined in section 147A.1.
1 6 b. "Health care provider" means health care provider as
1 7 defined in section 135.61.
1 8 c. "Health services" means health services and
1 9 institutional health services as defined in section 135.61.
1 10 d. "Needles" means any object used or encountered that can
1 11 be reasonably anticipated to penetrate the skin or any other
1 12 part of the body, and to result in a blood-borne pathogen
1 13 exposure incident including but not limited to needle devices.
1 14 2. The department shall adopt rules pursuant to chapter
1 15 17A, which do not conflict with federal standards relating to
1 16 blood-borne pathogens, to regulate the use of needles. The
1 17 rules shall apply to the employer of and self-employed health
1 18 care providers and emergency medical care providers who
1 19 provide health services in the course of their employment,
1 20 including such a person who provides such health services
1 21 without compensation. The rules may enhance federal standards
1 22 relating to blood-borne pathogen standards to prevent needle
1 23 injuries or exposure incidents including but not limited to
1 24 training requirements and measures to increase vaccinations.
1 25 3. The rules adopted shall include, but are not limited
1 26 to, all of the following:
1 27 a. A requirement that engineering controls include needle
1 28 prevention technology including but not limited to needleless
1 29 systems and needles with engineered sharps injury protection.
1 30 b. A requirement that needle prevention technology
1 31 specified in paragraph "a" be included as engineering or work
1 32 practice controls.
1 33 c. A requirement that written exposure control plans
1 34 include an effective procedure for identifying and selecting
1 35 for use existing needle prevention technology of the type
2 1 specified in paragraph "a".
2 2 d. A requirement that written exposure control plans be
2 3 updated when necessary to reflect progress in implementing the
2 4 use of needle prevention technology specified in paragraph
2 5 "a".
2 6 e. A requirement that information concerning exposure
2 7 incidents be recorded in a needle injury log including but not
2 8 limited to the type and brand of device involved in the
2 9 incident.
2 10 f. A provision for variances or exceptions to the rules.
2 11 A person who applies for a variance or exception shall
2 12 demonstrate circumstances under which the needle prevention
2 13 technology is medically contraindicated, interferes with a
2 14 medical procedure, does not promote safety, or is not more
2 15 effective than alternative measures used to prevent exposure
2 16 incidents.
2 17 g. A graduated schedule of penalties for violation of
2 18 rules adopted which reflect the penalties established pursuant
2 19 to section 88.14.
2 20 4. The department shall compile and maintain a list of
2 21 existing needleless systems and needles with engineered needle
2 22 injury protection, which shall be available to assist in
2 23 compliance with this section.
2 24 EXPLANATION
2 25 This bill requires the Iowa department of public health to
2 26 adopt rules regulating needles used or encountered by a health
2 27 care provider or an emergency medical care provider providing
2 28 health services in the course of employment. The department
2 29 is to adopt the rules which do not conflict with federal
2 30 standards relating to blood-borne pathogens. The rules are to
2 31 apply to employers of and self-employed health care providers
2 32 and emergency medical care providers. The rules are to
2 33 include a graduated schedule of penalties for violation of the
2 34 rules which reflect the penalties established for violating
2 35 provisions of the occupational safety and health Code chapter.
3 1 LSB 2241HH 78
3 2 pf/jw/5
Text: HF00406 Text: HF00408 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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