BILL NUMBER: AB 1202	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 17, 2013

INTRODUCED BY   Assembly Member Skinner
    (   Coauthor:   Assembly Member  
Ammiano   ) 

                        FEBRUARY 22, 2013

   An act to add Section 144.8 to the Labor Code, relating to
occupational safety and health standards.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1202, as amended, Skinner. Occupational safety and health
standards: hazardous drugs.
   Under existing law, the Occupational Safety and Health Standards
Board within the Department of Industrial Relations promulgates
occupational safety and health standards for the state, including
standards dealing with toxic materials and harmful physical agents.
Violations of these standards and regulations is a crime.
   This bill would require the board to adopt a standard for the
handling of antineoplastic and other hazardous drugs, as defined, in
health care facilities regardless of the setting. The bill would
require the standard to be consistent with and not exceed specific
recommendations adopted by the National Institute for Occupational
Safety and Health for preventing occupational exposures to those
drugs in health care settings. By creating a new crime, this bill
would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares the following:
   (a) Health care personnel who work with or near hazardous drugs in
health care settings may be exposed to these agents in the air, on
work surfaces, clothing, and medical equipment, or through patient
contact.
   (b)  According to the National Institute for Occupational Safety
and  Health,   Health (NIOSH),  early
concerns about occupational exposure to antineoplastic drugs first
appeared in the 1970s. Antineoplastic and other hazardous drugs may
cause skin rashes, infertility, miscarriages, and birth defects, and
have been linked to a wide variety of cancers.
   (c) In 2004, the  National Institute for Occupational
Safety and Health   NIOSH  published an alert on
preventing occupational exposures to antineoplastic and other
hazardous drugs in health care settings, and updated that alert in
2010. In this alert, the  National Institute for Occupational
Safety and Health   NIOSH  "presents a standard
precautions or universal precautions approach to handling hazardous
drugs safely: that is, NIOSH recommends that all hazardous drugs be
handled as outlined in this Alert."
   (d) It is the intent of the Legislature to require the
Occupational Safety and Health Standards Board to adopt standards
that require health care facilities to comply with all aspects of the
 National Institute for Occupational Safety and Health
  NIOSH  alert regardless of the setting in order
to protect health care personnel from hazardous exposure to these
drugs.
  SEC. 2.  Section 144.8 is added to the Labor Code, to read:
   144.8.  (a) As used in this section the following definitions
shall apply:
   (1) "Antineoplastic drug" means a chemotherapeutic agent that
controls or kills cancer cells.
   (2) "Hazardous drug" means any drug identified by the National
Institute for Occupational Safety and Health at the federal Centers
for Disease Control and Prevention or any drug that meets at least
one of the following six criteria: carcinogenicity, teratogenicity or
developmental toxicity, reproductive toxicity in humans, organ
toxicity at low doses in humans or animals, genotoxicity, or new
drugs that mimic existing hazardous drugs in structure or toxicity.
   (3) "NIOSH" means the National Institute for Occupational Safety
and Health.
   (b) The board shall adopt an occupational safety and health
standard for the handling of antineoplastic and other hazardous drugs
in health care facilities regardless of the setting. In developing
the standard, the board shall consider input from hospitals, 
practicing physicians from impacted specialties, including oncology,
 organizations representing health care personnel  ,
including registered nurses  , and other stakeholders, and shall
determine a reasonable time for facilities to implement new
requirements imposed by the adopted standard. The standard  , to
the extent feasible,  shall be consistent with and not exceed
recommendations in the NIOSH 2004 alert entitled "Preventing
Occupational Exposures to Antineoplastic and Other Hazardous Drugs in
Health Care Settings," as updated in 2010. The standard may
incorporate applicable updates and changes to NIOSH guidelines.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.