S T A T E   O F   N E W   Y O R K                   
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                                        7144--B                                
                                                                               
                              1999-2000 Regular Sessions                       
                                                                               
                                 I N  A S S E M B L Y                          
                                                                               
                                    March 23, 1999                             
                                      ___________                              
                                                                               
       Introduced  by  M.  of A. McLAUGHLIN, GOTTFRIED, MAYERSOHN, GALEF, VANN,
         CLARK, SWEENEY -- Multi-Sponsored by -- M. of A. D. BUTLER,  A. COHEN,
         CYMBROWITZ,  FARRELL, GLICK, GRANNIS, GREENE, HARENBERG, JACOBS, KAUF-
         MAN, MAZZARELLI, McENENY, MILLMAN, ORTIZ, PHEFFER, TOWNS,  WEISENBERG,
         WRIGHT -- read once and referred to the Committee on Health -- commit-
         tee  discharged, bill amended, ordered reprinted as amended and recom-
         mitted to said committee -- again reported from  said  committee  with
         amendments,  ordered  reprinted  as  amended  and  recommitted to said
         committee                                                             
                                                                               
       AN ACT to amend the public health law, in relation to the regulation  of
         sharps                                                                
                                                                               
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:                                               
                                                                               
    1    Section 1. The public health law is amended by adding  a  new  article
    2  13-G to read as follows:                                                
    3                                ARTICLE 13-G                              
    4                            REGULATION OF SHARPS                          
    5  SECTION 1399-LL. DEFINITIONS.                                           
    6          1399-MM. REGULATIONS.                                           
    7          1399-NN. TECHNICAL ADVISORY COMMITTEE.                          
    8          1399-OO. STUDIES AND REPORTS.                                   
    9    S  1399-LL.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, UNLESS THE
   10  CONTEXT CLEARLY REQUIRES OTHERWISE:                                     
   11    1. "ENGINEERED SHARPS INJURY PROTECTION" MEANS  A  PHYSICAL  ATTRIBUTE
   12  BUILT INTO, OR USED WITH, A SHARP THAT EFFECTIVELY REDUCES THE RISK OF A
   13  SHARPS  INJURY BY A MECHANISM SUCH AS BARRIER CREATION, BLUNTING, ENCAP-
   14  SULATION, WITHDRAWAL, RETRACTION, DESTRUCTION OR OTHER MECHANISM.       
   15    2. "EXPOSURE INCIDENT" MEANS CONTACT WITH BLOOD OR  OTHER  POTENTIALLY
   16  INFECTIOUS MATERIALS THAT RESULTS FROM A SHARPS INJURY.                 
   17    3.  "SHARP"  MEANS ANY DEVICE THAT IS OR INCLUDES A NEEDLE USED IN THE
   18  PROVISION OF HEALTH CARE.                                               
                                                                               
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             { } is old law to be omitted.                     
                                                                  LBD04667-07-9
                                                                               
       A. 7144--B                          2                                   
                                                                               
    1    4. "SHARPS INJURY" MEANS ANY INJURY CAUSED BY A SHARP, INCLUDING,  BUT
    2  NOT LIMITED TO, A CUT, ABRASION, OR NEEDLESTICK.                        
    3    S 1399-MM. REGULATIONS. THE COMMISSIONER SHALL MAKE REGULATIONS, UNDER
    4  THIS ARTICLE, GOVERNING THE USE OF SHARPS IN HEALTH CARE FOR THE PURPOSE
    5  OF: PREVENTING SHARPS INJURIES, REDUCING EXPOSURE INCIDENTS, AND PROMOT-
    6  ING THE USE OF SAFER TECHNOLOGIES WHICH INCLUDE ENGINEERED SHARPS INJURY
    7  PROTECTIONS.  REGULATIONS  UNDER  THIS ARTICLE SHALL PROHIBIT THE USE OF
    8  SHARPS THAT DO NOT INCORPORATE ENGINEERED SHARPS INJURY PROTECTIONS. THE
    9  REGULATIONS MAY PROVIDE EXCEPTIONS PERMITTING THE USE OF SHARPS  WITHOUT
   10  ENGINEERED SHARPS INJURY PROTECTIONS UNDER CIRCUMSTANCES WHERE:         
   11    (A) APPROPRIATE ENGINEERED SHARPS ARE NOT AVAILABLE IN THE MARKET;    
   12    (B)  THE USE OF SHARPS WITHOUT ENGINEERED SHARPS INJURY PROTECTIONS IS
   13  ESSENTIAL TO THE PERFORMANCE OF A SPECIFIC MEDICAL PROCEDURE; OR        
   14    (C) BASED ON OBJECTIVE  PRODUCT  EVALUATION,  SHARPS  WITH  ENGINEERED
   15  INJURY  PROTECTIONS  ARE NOT MORE EFFECTIVE IN PREVENTING EXPOSURE INCI-
   16  DENTS THAN SHARPS WITHOUT ENGINEERED INJURY PROTECTIONS.                
   17    S 1399-NN. TECHNICAL ADVISORY COMMITTEE. IN MAKING  REGULATIONS  UNDER
   18  THIS  ARTICLE,  THE  COMMISSIONER  SHALL  CONSULT  A  TECHNICAL ADVISORY
   19  COMMITTEE COMPRISED OF TWELVE MEMBERS APPOINTED AS FOLLOWS: FOUR BY  THE
   20  COMMISSIONER, ONE OF WHOM SHALL BE THE COMMISSIONER OR HIS OR HER DESIG-
   21  NEE; THREE BY THE TEMPORARY PRESIDENT OF THE SENATE; ONE BY THE MINORITY
   22  LEADER  OF  THE SENATE; THREE BY THE SPEAKER OF THE ASSEMBLY; AND ONE BY
   23  THE MINORITY LEADER OF THE ASSEMBLY. THE COMMISSIONER SHALL APPOINT  THE
   24  CHAIR  OF  THE  TECHNICAL  ADVISORY  COMMITTEE.  THE  TECHNICAL ADVISORY
   25  COMMITTEE SHALL BE REPRESENTATIVE OF HEALTH CARE PROVIDERS  AND  PROFES-
   26  SIONALS,  INFECTION  CONTROL SPECIALISTS AND HEALTH CARE LABOR ORGANIZA-
   27  TIONS. UPON PUBLICATION OF  THE  PROPOSED  RULES  AND  REGULATIONS,  THE
   28  COMMISSIONER  SHALL  SUBMIT A REPORT TO THE GOVERNOR AND THE LEGISLATURE
   29  ON THE FINDINGS OF THE TECHNICAL ADVISORY COMMITTEE WHICH SHALL  INCLUDE
   30  A SUMMARY OF THE PROPOSED REGULATIONS AND RECOMMENDATIONS.              
   31    S 1399-OO. STUDIES AND REPORTS. THE COMMISSIONER SHALL CONDUCT A STUDY
   32  OF  EXPOSURE  INCIDENTS OCCURRING PRIOR TO AND ONE YEAR AFTER THE EFFEC-
   33  TIVE DATE OF REGULATIONS MADE UNDER THIS ARTICLE TO DETERMINE THE EFFEC-
   34  TIVENESS OF THE REGULATIONS IN REDUCING  SHARPS  INJURIES  AND  EXPOSURE
   35  INCIDENTS,  THE  LEVEL OF COMPLIANCE, AND THE NEED FOR ANY MODIFICATIONS
   36  OR REVISIONS TO THE REGULATIONS. THE  RESULTS  OF  THE  STUDY  SHALL  BE
   37  REPORTED  TO  THE  GOVERNOR AND THE LEGISLATURE NO LATER THAN SIX MONTHS
   38  AFTER THE FIRST TWELVE MONTH PERIOD DURING WHICH  THE  REGULATIONS  HAVE
   39  BEEN  EFFECTIVE.  THE COMMISSIONER SHALL SUBMIT A SECOND REPORT NO LATER
   40  THAN TWO YEARS AFTER THE FIRST REPORT. THE  STUDIES  AND  REPORTS  UNDER
   41  THIS  SECTION  SHALL BE DONE IN CONSULTATION WITH THE TECHNICAL ADVISORY
   42  COMMITTEE ESTABLISHED UNDER THIS ARTICLE.                               
   43    S 2. This act shall take effect immediately; provided,  however,  that
   44  regulations  required pursuant to article 13-G of the public health law,
   45  added by section one of this act, shall be made no later than  one  year
   46  after the effective date of this act and shall take effect no later than
   47  six months after such regulations are made.                             
.SO DOC A 7144B         *END*                    BTXT                 1999