BILL ANALYSIS �
AB 1202
Page 1
ASSEMBLY THIRD READING
AB 1202 (Skinner)
As Amended May 24, 2013
Majority vote
LABOR & EMPLOYMENT 7-0 APPROPRIATIONS 17-0
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|Ayes:|Roger Hern�ndez, Morrell, |Ayes:|Gatto, Harkey, Bigelow, |
| |Alejo, Chau, Gomez, | |Bocanegra, Bradford, Ian |
| |Gorell, Holden | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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SUMMARY : Requires the Occupational Safety and Health Standards
Board (Standards Board) to adopt a standard related to the
handling of antineoplastic drugs, as specified. Specifically,
this bill :
1)Requires the Standards Board to adopt a standard for the
handling of antineoplastic drugs in health care facilities
(regardless of the setting).
2)Defines an "antineoplastic drug" as a chemotherapeutic agent
that controls or kills cancer cells.
3)Requires the Standards Board to consider input from hospitals,
practicing physicians from impacted specialties including
oncology, organizations representing health care personnel
including registered nurses and pharmacists, and other
stakeholders.
4)Provides that the standard shall, to the extent feasible, be
consistent with and not exceed recommendations in a 2004
National Institute for Occupational Safety and Health (NIOSH)
alert entitled, "Preventing Occupational Exposures to
Antineoplastic and Other Hazardous Drugs in Health Care
Settings," as updated.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in one-time General Fund
administrative costs, of approximately $170,000, to the Division
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of Occupational Safety and Health to develop regulations for
adoption by the Standards Board, as specified. Enforcement
costs are expected to be minor, absorbable.
COMMENTS : According to the author, millions of healthcare
workers are at risk of being exposed to antineoplastic drugs on
a daily basis. Workers can be exposed to contamination without
even knowing it. This occurs when they create aerosols,
generate dust, mix liquids, clean up spills or touch
contaminated surfaces when they prepare, administer or dispose
of hazardous drugs.
Regardless of early concerns about exposure to antineoplastic
drugs, current law provides no enforceable standards for the
handling of these drugs to ensure healthcare workers are
protected. Unlike radiation, there are no federal or state
regulations to limit healthcare workers' exposure to these
drugs. Implementing and regulating improved safety guidelines
and standards will significantly reduce the risk of healthcare
workers and patients being exposed to antineoplastic drugs.
This includes developing procedures for properly using and
maintaining equipment designed to protect workers from hazardous
drug exposure.
This bill is sponsored by Becton Dickinson and Company (BD
Medical), which is a global medical technology company that
states that it has "pioneered the development of
safety-engineered medical devises" and has "been at the
forefront of this field for over two decades." BD Medical
argues that while national guidelines have been established by
NIOSH for handling antineoplastic drugs, compliance is voluntary
and has been reported to be sporadic. They contend that it is
imperative that California develop comprehensive standards that
require healthcare facilities that handle these drugs to take
the necessary steps to protect their workforce.
The California Nurses Association (CNA) supports this bill,
stating that registered nurses and healthcare workers must be
protected on the job after providing critical services to their
communities.
CNA argues that registered nurses and healthcare workers by the
nature of their work, which involves ill patients, contagious
diseases, medical equipment and chemical exposures, are in
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constant danger of being exposed to a variety of illnesses, and
becoming sick or injured by their cumulative exposure. Because
of the nature of patient care, combined with rising patient
acuity, more work related injuries and higher levels of exposure
to infectious disease are occurring. In many cases nurses can
be exposed to harmful substances without even knowing it.
Nurses and other healthcare workers who transport, prepare,
administer and dispose of antineoplastic drugs can be exposed to
these toxic agents in the air or on work surfaces, clothing,
medical equipment and other surfaces. As a result, nurses,
other healthcare workers and nonclinical workers are at risk for
exposure when they create aerosols, mix liquids, generate dust,
or touch contaminated surfaces if safe handling precautions are
not followed. Exposure to these drugs can cause cancer,
reproductive and developmental problems, allergic reactions and
other adverse effects that can be irreversible even after
low-level exposures.
Analysis Prepared by : Ben Ebbink / L. & E. / (916) 319-2091
FN: 0000781