BILL ANALYSIS Ó AB 444 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 444 (Gipson) As Amended June 1, 2015 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |78-0 |(April 23, |SENATE: |38-0 |July 2, 2015 | | | |2015) | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: HEALTH SUMMARY: Delays, until July 1, 2016, the deadline prohibiting general acute care, acute psychiatric, special hospitals, and skilled nursing facilities (SNFs) from using certain enteral connector devices. Delays, until January 1, 2017, the deadline prohibiting general acute care, acute psychiatric, special hospitals, and SNFs from using certain epidural connector devices. The Senate amendments added the delay, until July 1, 2016, of the deadline prohibiting general acute care, acute psychiatric, special hospitals, and SNFs from using certain enteral connector devices. Although the deadline was met for developing Intravenous Therapy (IV) and enteral designs, complications between manufacturers and distributers have delayed the ability of the industry to AB 444 Page 2 adequately fill the supply chain with the syringes needed for the enteral systems. Accordingly, the industry has also requested a six month delay in implementation of standardized enteral systems. FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs. COMMENTS: According to the author, that while worldwide experts participating in the development of the new international standards for IV connectors are highly committed to solving the problem of tubing misconnections, the process is, and should be, rigorous enough to ensure that the work is done correctly the first time. The wrong outcome, the author maintains, would lead to a far more dangerous healthcare environment than what currently exists by possibly creating new risks, or creating a solution that cannot be manufactured cost effectively or is too complicated for users. The author notes that this bill will ultimately improve patient safety. Adverse events related to misconnections of devices and lines. Hospitals and other health care facilities depend on a variety of catheters, tubing, and syringes to deliver medications and other substances to patients through vascular, enteral, respiratory, and epidural (spinal) delivery systems. These delivery systems frequently employ fittings called Luer connectors to link various system components. The male and female components of Luer connectors join together to create secure yet detachable leak-proof connections. Multiple connections between medical devices and tubing are common in patient care. Today Luer connectors are used worldwide to connect a variety of medical devices, components, and accessories. Unfortunately, the ubiquitous nature of the Luer connector design allows for connection between unrelated delivery systems. Because Luer connecters are easy-to-use and compatible between different delivery systems, patient care staff can inadvertently AB 444 Page 3 connect wrong systems together, causing medication or other fluids to be delivered through the wrong route. Numerous such errors have been documented, including many that have caused serious patient injuries and deaths. SB 158 (Florez), Chapter 294, Statutes of 2008, addressed a number of issues designed to improve patient safety, including a requirement that, as of January 1, 2011, certain health facilities must use separate, unique connectors for IV, enteral feeding, and epidural connections to prevent adverse events associated with misconnections. AB 818 (Hernandez), Chapter 476, Statutes of 2009, delayed the effective dates in SB 158 and established a new deadline - January 1, 2013, for enteral feeding and IV connections and January 1, 2014, for epidural connections. AB 818 also required certain health facilities to include in their patient safety plans measures to prevent adverse events associated with misconnections and required the Advanced Medical Technology Association (AdvaMed), to report annually to the Legislature regarding the progress of the International Organization for Standardization (ISO) in developing new design standards. AB 1867 (Pan), Chapter 194, Statutes of 2012, delayed the deadline for implementing the ban on compatible IV, epidural, and enteral feeding systems until January 1, 2016. AdvaMed report on ISO progress. On December 15, 2014, AdvaMed provided the Assembly and Senate Health Committees with their statutorily required report on the progress of the ISO in solving the problem of tubing misconnections. According to the report, the 2016 deadline will be met for IV and enteral feeding lines; however, the epidural connector design was recently found to still have the ability to allow for misconnection with an IV and requires more time for redesign and testing. The AdvaMed report notes that, "?without a delay of the 2016 deadline to allow completion of the epidural effort, there could be a proliferation of proprietary new connectors that will add to the list of possible misconnections and create a cost burden for California hospitals." AB 444 Page 4 The International Organization for Standardization. The ISO is an international standard-setting body composed of representatives from various national standards organizations. The organization promotes worldwide proprietary, industrial, and commercial standards. ISO launches the development of new standards in response to stakeholders that express a clearly established need for them. ISO standards are developed by technical committees comprising of experts from the industrial, technical, and business sectors which have asked for the standards. The ISO has been working on an international standard for IV connectors since 2008. The work group is comprised of participants from 31 countries headed by a nurse from the federal Food and Drug Administration. The workgroup discovered the Luers in use were more complicated than previously thought. Nine different dimensions of the Luer had to be taken into consideration (for example, the length, the circumference at various points, etc.) It took until December of 2011 to develop what is called the Masa Cone, which allows for different size tubing dimensions to be attached to various points on the Luer. After that, the ISO moved forward designs for each type of tubing that connect to the Luer, which have taken roughly three years to get through the ISO process. At each phase of the process designs must be sent out for feasibility testing and member comment before draft international standards can be released. It was during this process that the working group discovered a design problem with the epidural connector after feasibility testing. The epidural connector was then re-designed and sent back out for comment, adding a year to the process. Analysis Prepared by: Lara Flynn / HEALTH / (916) 319-2097 FN: 0001129 AB 444 Page 5