105325-105340

HEALTH AND SAFETY CODE
SECTION 105325-105340




105325.  The Legislature hereby finds and declares all of the
following:
   (a) In California, more than 700,000 health care workers and
professionals, such as nurses, physicians and surgeons and
housekeeping staff, are at risk of infection from bloodborne
diseases, including Hepatitis B, Hepatitis C, and Human
Immunodeficiency Virus, the causative agent of Acquired
Immunodeficiency Syndrome.
   (b) Contaminated needlestick and other sharp instrument injuries
threaten the well-being of health care workers and cost health care
providers millions of dollars annually.
   (c) While health care employers have implemented rigorous,
universal infection control procedures, requiring gloving and other
protective equipment, exposure to bloodborne diseases continues to be
a risk for health care workers.
   (d) Medical devices, such as needles, are reviewed by the federal
Food and Drug Administration for patient safety and efficacy but are
not reviewed by any state or federal agency for worker safety.
   Improved product design of medical devices, such as needles,
syringes, connectors for intravenous tubes, and vacuum blood
collection systems, could reduce the number of sharps injuries.
   (e) Mechanisms for the collection and dissemination of information
will allow health facilities to better evaluate safer devices and
permit better comparisons across institutions.
   (f) Improvements in device and procedure-specific injury
surveillance and information dissemination may increase market
pressure to further improve medical device product design and enhance
product evaluation.
   (g) Potential savings to the health care system from preventing
exposure to bloodborne pathogens include reduced cost of followup
procedures which occur following a sharps injury, such as source and
employee testing, counseling, and prophylactic treatment. In
addition, costs related to lost work time, personnel, insurance,
possible legal problems, and workers compensation could be
diminished.
   (h) It is the intent of the Legislature in enacting this chapter
to reduce exposure of health care workers to bloodborne diseases by
encouraging the development and use of medical devices that are
designed to assure worker safety, the safety of patients, and the
efficacy of the device.



105330.  (a) The documentation of sharps injuries, as required by
Section 5193 of Title 8 of the California Code of Regulations, shall
also include the type and brand of device involved in the incident,
unless this information is unknown by the health care worker.
   (b) Documentation, as required by Section 5193 of Title 8 of the
California Code of Regulations, shall be referred to in this section
as the "Sharps Injury Log".
   (c) In consultation with the program on occupational health and
occupational disease prevention, the department's Environment
Management Branch, Medical Waste Program, and local enforcement
agencies may verify that each hospital, skilled nursing facility, and
home health agency is in compliance with this chapter through its
current medical waste program or through the establishment of a
self-audit program.



105340.  The Department of Health Services shall maintain a Sharps
Injury Control program that shall do all of the following:
   (a) Maintain a continuously updated list of existing needleless
systems and needles with engineered sharps injury protection, which
shall be made available to assist facilities as provided by Section
144.7 of the Labor Code.
   (b) Solicit voluntary submission of data by health care
institutions regarding the effectiveness of needleless systems and
needles with engineered sharps injury protection.
   (c) Provide assistance to industry and the Division of
Occupational Safety and Health to further compliance with
occupational safety and health standards related to the use of
needleless systems and needles with engineered sharps injury
protection.