State of Illinois
91st General Assembly

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[ Introduced ][ House Amendment 001 ]


HB0979 Engrossed                               LRB9101917KSgc

 1        AN ACT in relation to worker safety.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.   This Act may be cited as the
 5    Health Care Worker Needle Stick Injury Protection Act.

 6        Section  5.  Definitions.   As  used  in  this  Act   the
 7    following definitions shall apply:
 8        "Bloodborne  pathogens"  means  pathogenic microorganisms
 9    that are present in human blood  and  can  cause  disease  in
10    humans.  These pathogens include, but are not limited to, the
11    hepatitis  B  virus,  the  hepatitis  C  virus, and the human
12    immunodeficiency virus.
13        "Engineered sharps injury protection" means either:
14             (1)  a physical attribute built into a needle device
15        used for withdrawing body fluids,  accessing  a  vein  or
16        artery,  or  administering  medications  or other fluids,
17        which  effectively  reduces  the  risk  of  an   exposure
18        incident   by  a  mechanism  such  as  barrier  creation,
19        blunting,    encapsulation,    withdrawal,    retraction,
20        destruction, or other effective mechanisms; or
21             (2)  a physical attribute built into any other  type
22        of  needle  device,  or  into  a  non-needle sharp, which
23        effectively reduces the risk of an exposure incident.
24        "Needleless system" means a device that does not  utilize
25    needles for:
26             (1)  the  withdrawal  of  body  fluids after initial
27        venous or artial access is established;
28             (2)  the administration of medication or fluids; and
29             (3)  any other procedure involving the potential for
30        an exposure incident.
31        "Public employer" means each  employer  having  a  public
HB0979 Engrossed            -2-                LRB9101917KSgc
 1    employee  or employees with occupational exposure to blood or
 2    other material potentially containing bloodborne pathogens.
 3        "Public employee" means an employee of  the  State  or  a
 4    local  government  unit  or  an  agency of the State or local
 5    government who is employed in a public or private health care
 6    facility, home health care organization,  or  other  facility
 7    providing health care related services.
 8        "Sharp"  means any object used or encountered in a health
 9    care setting that can be reasonably anticipated to  penetrate
10    the  skin  or any other part of the body, and to result in an
11    exposure incident, including,  but  not  limited  to,  needle
12    devices,  scalpels,  lancets,  broken glass, broken capillary
13    tubes, exposed  ends  of  dental  wires  and  dental  knives,
14    drills, and burs.
15        "Sharps  injury"  means  any  injury  caused  by a sharp,
16    including, but not limited to, cuts, abrasions, needlesticks,
17    or human bites.
18        "Sharps injury log" means a written or electronic  record
19    satisfying  the  requirements  of paragraph (2) of subsection
20    (a) of Section 15.

21        Section 15.  Bloodborne pathogen standards.
22        (a)  The Department of Public Health shall, no later than
23    6 months from the date of enactment  of  this  Act,  adopt  a
24    bloodborne  pathogen standard governing occupational exposure
25    of public employees to blood and other potentially infectious
26    materials.  The standard shall be at least as prescriptive as
27    the standard promulgated by the federal  Occupational  Safety
28    and  Health  Administration  and  shall  include,  but not be
29    limited to, the following:
30             (1)  A  requirement  that  needleless  systems   and
31        sharps   with  engineered  sharps  injury  protection  be
32        implemented in all facilities employing public employees,
33        except  in   cases   where   an   evaluation   committee,
HB0979 Engrossed            -3-                LRB9101917KSgc
 1        established by the employer, at least half the members of
 2        which  are  front-line health care workers, determines by
 3        means of objective product evaluation criteria  that  use
 4        of the devices will jeopardize patient or employee safety
 5        with  regard to a specific medical procedure or where the
 6        product is not reasonably  available  in  the  commercial
 7        marketplace;  provided  that  the  requirements  of  this
 8        paragraph  (1)  shall not apply to pre-filled syringes or
 9        medications  approved  by  the  federal  Food  and   Drug
10        Administration.
11             (2)  A   requirement   that  information  concerning
12        exposure incidents be recorded in a  sharps  injury  log,
13        including, but not limited to:
14                  (A)  date and time of the exposure incident;
15                  (B)  type  and  brand  of sharp involved in the
16             exposure incident; and
17                  (C)  description  of  the  exposure   incident,
18             which shall include:
19                       (I)  job  classification  of  the  exposed
20                  employee;
21                       (II)  department  or  work  area where the
22                  exposure incident occurred;
23                       (III)  the  procedure  that  the   exposed
24                  employee  was  performing  at  the  time of the
25                  incident;
26                       (IV)   how the incident occurred;
27                       (V)  the  body  part   involved   in   the
28                  exposure incident;
29                       (VI)  if  the  sharp had engineered sharps
30                  injury  protection,  whether   the   protective
31                  mechanism was activated, and whether the injury
32                  occurred  before  the  protective mechanism was
33                  activated, during activation of the  mechanism,
34                  or   after  activation  of  the  mechanism,  if
HB0979 Engrossed            -4-                LRB9101917KSgc
 1                  applicable;
 2                       (VII)  if  the  sharp  had  no  engineered
 3                  sharps   injury   protection,    the    injured
 4                  employee's opinion as to whether and how such a
 5                  mechanism  could  have prevented the injury, as
 6                  well as the basis for the opinion; and
 7                       (VIII)  the   employer's   opinion   about
 8                  whether any other engineering,  administrative,
 9                  or  work  practice control could have prevented
10                  the injury,  as  well  as  the  basis  for  the
11                  opinion.
12        (b)  The  Department  of  Public  Health  shall  consider
13    additional  enactments  as  part  of  the bloodborne pathogen
14    standard to prevent sharps  injuries  or  exposure  incidents
15    including,  but  not  limited  to,  training  and educational
16    requirements, measures to  increase  vaccinations,  strategic
17    placement  of  sharps containers as close to the work area as
18    practical, and increase use of personal protective equipment.
19        (c)  The Department of Public Health  shall  compile  and
20    maintain  a  list  of  existing needleless systems and sharps
21    with engineered sharps  injury  protection,  which  shall  be
22    available   to   assist   employers  in  complying  with  the
23    requirements of the  bloodborne  pathogen  standards  adopted
24    pursuant  to  this  Act.   The  list  may  be  developed from
25    existing sources of information, including  but  not  limited
26    to,  the  federal  Food  and Drug Administration, the federal
27    Centers  for  Disease  Control,  the  National  Institute  of
28    Occupational  Safety  and  Health,  and  the  United   States
29    Department of Veterans Affairs.
30        (d)  The  Health  Care  Worker  Injury Protection Fund is
31    created in the State Treasury.  Money in the  Fund  shall  be
32    used,  subject  to appropriation, by the Department of Public
33    Health to provide  for  research,  development,  and  product
34    evaluations  of needleless systems and sharps with engineered
HB0979 Engrossed            -5-                LRB9101917KSgc
 1    sharps injury protection.

 2        Section 905.  The State Finance Act is amended by  adding
 3    Section 5.490 as follows:

 4        (30 ILCS 105/5.490 new)
 5        Sec.  5.490.  The  Health  Care  Worker Injury Protection
 6    Fund.

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