191.640.  Blood-borne pathogen standard required for occupational exposure of public employees to blood and other infectious materials — definitions — requirements of needleless system and sharps — violations, penalty. — 1.  As used in this section, the following terms shall mean:

  (1)  "Blood-borne pathogens", any 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 (HBV) and human immunodeficiency virus (HIV);

  (2)  "Employer", any employer having public employees with occupational exposure to blood or other material potentially containing blood-borne pathogens;

  (3)  "Frontline health care worker", a nonmanagerial employee responsible for direct patient care with potential occupational exposure to sharps-related injuries;

  (4)  "Public employee", an employee of the state or local governmental unit, or agency thereof, employed in a health care facility, home health care organization or other facility providing health care related services.

  2.  The department of health and senior services shall, no later than six months from August 28, 2001, adopt a blood-borne pathogen standard governing occupational exposure of public employees to blood and other potentially infectious materials that meets the standard in 29 CFR 1910.1030 and shall include a requirement that the most effective available needleless systems and sharps with engineered sharps injury protection be included as engineering and work practice controls.  However, such engineering controls shall not be required if:

  (1)  None are available in the marketplace; or

  (2)  An evaluation committee, described in subsection 5 of this section, determines by means of objective product evaluation criteria that use of such devices will jeopardize patient or employee safety with regard to a specific medical procedure.

  3.  The use of a drug or biologic that is prepackaged with an administration system or used in a prefilled syringe and is approved for commercial distribution or investigational use by the federal Food and Drug Administration shall be exempt from the provisions of this section until June 1, 2004.

  4.  The sharps injury log maintained pursuant to this section shall include:

  (1)  The date and time of the exposure incident;

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

  (3)  A description of the exposure incident to include:

  (a)  The job classification of the exposed employee;

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

  (c)  The number of hours worked at the time of the exposure incident;

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

  (e)  How the incident occurred;

  (f)  The body part involved in the exposure incident; and

  (g)  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 activation of the mechanism or after activation of the mechanism.

  5.  An evaluation committee established pursuant to this section shall consist of at least five members but no more than ten members.  At least half of the members of the committee shall be frontline health care workers at such facility from a variety of occupational classifications and departments, including but not limited to nurses, nurse aides, technicians, phlebotomists and physicians, who shall be selected by the facility to advise the employer on the implementation of the requirements of this section.  In facilities where there are one or more representatives certified by the state board of mediation to represent frontline health care workers at such facility, the facility shall consult with such representatives as to the composition and membership of the committee.  All members of the committee shall be trained in the proper method of utilizing product evaluation criteria prior to the commencement of any product evaluation.  Committee members shall serve two-year terms, with the initial terms beginning thirty days after the formation of such committee and the subsequent terms beginning every two years thereafter.  Vacancies on the committee shall be filled for the remainder of the term by the facility in the same manner as was used to appoint the vacating member.  Members may serve consecutive terms.  Members shall not be given additional compensation for their duties on such committee.

  6.  Any reference in 29 CFR 1910.1030 to the assistant secretary shall, for purposes of this section, mean the director of the department of health and senior services.

  7.  Any person may report a suspected violation of this section or 29 CFR 1910.1030 to the department of health and senior services.  If such report involves a private employer, the department shall notify the federal Occupational Safety and Health Administration of the alleged violation.

  8.  The department of health and senior services shall compile and maintain a list of needleless systems and sharps with engineered sharps injury protection which shall be available to assist employers in complying with the requirements of the blood-borne pathogen standard 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 of Occupational Safety and Health and the United States Department of Veterans Affairs.

  9.  By February first of each year, the department of health and senior services shall issue an annual report to the governor, state auditor, president pro tem of the senate, speaker of the house of representatives and the technical advisory committee on the quality of patient care and nursing practices on the use of needle safety technology as a means of reducing needlestick injuries.  By February fifteenth of each year, such report shall be made available to the public on the department of health and senior services' internet site.

  10.  Any employer who violates the provisions of this section shall be subject to a reduction in or loss of state funding as a result of such violations.