BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                    AB 2272


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          ASSEMBLY THIRD READING


          AB  
          2272 (Thurmond)


          As Introduced  February 18, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Labor           |5-1  |Roger Hernández, Chu, |Patterson           |
          |                |     |McCarty, O'Donnell,   |                    |
          |                |     |Thurmond              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |15-5 |Gonzalez, Bloom,      |Bigelow, Gallagher, |
          |                |     |Bonilla, Bonta,       |Jones, Obernolte,   |
          |                |     |Calderon, Chang,      |Wagner              |
          |                |     |Daly, Eggman, Eduardo |                    |
          |                |     |Garcia, McCarty,      |                    |
          |                |     |Holden, Quirk,        |                    |
          |                |     |Santiago, Weber, Wood |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Requires the Occupational Safety and Health Standards  
          Board (Board) to adopt standards to protect healthcare personnel  
          and patients from noxious airborne contaminants "plume"  











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          generated during specified medical procedures.  Specifically,  
          this bill:  


          1)Requires the Board by June 1, 2018 to adopt standards  
            requiring a health facility to evacuate or remove plume in all  
            settings that employ techniques which create plume.  


          2)Directs the Board to consider and use as benchmarks standards  
            established by the International Organization for  
            Standardization (ISO) and the Canadian Standards Association  
            (CSA) unless federal Occupational Safety and Health  
            Administration (OSHA) or the National Institute for  
            Occupational Safety and Health (NIOSH) recommendations are  
            more effective in the evacuation of plume and would be more  
            protective of occupational health.


          3)Defines "plume" as noxious airborne contaminants generated as  
            byproducts of the use of energy-based devices, electrosurgical  
            devices, electrocautery devices or mechanical tools during  
            surgical, diagnostic or therapeutic procedures.


          4)Defines "plume scavenging system" as smoke evacuators, laser  
            plume evacuators, plume scavengers, and local exhaust  
            ventilators that capture and neutralize at least 95% of plume  
            before plume can make contact with eyes or contact with the  
            respiratory tract of healthcare personnel or patients.


          5)States the use of surgical masks or respirators do not satisfy  
            the requirements under this bill. 


          EXISTING LAW establishes the Board within the Department of  
          Industrial Relations (DIR) which promulgates and enforces  
          occupational safety and health standards for the state including  











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          standards dealing with toxic materials and harmful physical  
          agents.


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, the Board indicates the costs associated with the  
          development of a standard requiring a health facility to  
          evacuate or remove plume, as specified, would be absorbable and  
          within the scope of existing workload.  The Board would rely on  
          the recommended benchmarks developed by the CSA and ISO to guide  
          their work. 


          Unknown enforcement costs to the Division of Occupational Safety  
          and Health (DOSH) once the bill is implemented. 


          COMMENTS:  According to the sponsors, the California Nurses  
          Association/National Nurses United, a Nurses' Health Study found  
          that operating room nurses, "were at significantly higher risk  
          of severe persistent asthma" as a result of occupational  
          exposure to the dangerous and infectious materials that can be  
          found in surgical plume smoke.<1>  By adopting standards to  
          remove these infectious airborne contaminants before they are  
          dispersed into the surgical suite and surrounding areas,  
          California could be a leader in the reduction of hazardous  
          exposure to surgical plume which could prove beneficial both to  
          health care providers and their patients.


          Federal OSHA can cite hospitals for not making an effort to  
          ---------------------------
          <1>


           Nurses' Health Studies are among the largest ongoing  
          investigations of factors that influence nurses' health.   
          Started in 1976 and expanded in 1989, the information provided  
          by 238,000 dedicated nurse participants has led to insights on  
          health and disease.










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          control smoke emission in laser or electrosurgical procedures  
          through a clause that covers all hazardous conditions.  In  
          Section 5(a)(1) of the Occupational Safety and Health Act,  
          OSHA's General Duty Clause states:
            Each employer shall furnish to each of his [sic] employees  
            employment and a place of employment which are free from  
            recognized hazards that are causing or are likely to cause  
            death or serious physical harm to his [sic] employees.


          However OSHA's limited ability to enforce elimination of unsafe  
          practices involving such surgical procedures has led many to  
          stress the need for a more concentrated campaign.  "In many  
          ways, this is an education issue rather than an enforcement  
          issue," says Vangie Dennis, R.N., C.N.O.R., C.M.L.S.O., advanced  
          technology manager, surgical services support, at Gwinnett  
          Medical Center near Atlanta, Georgia.  Ms. Dennis says "there  
          are still operating room personnel who are unaware of the issue,  
          who do not realize that they are breathing human body parts.   
          There are surgeons using smoke evacuators for laser procedures  
          but not electrosurgery, which is actually more dangerous because  
          this procedure emits more particulates."  In her role at  
          Gwinnett, Ms Dennis, helped transform the way surgical smoke is  
          dealt with at Gwinnett.  "In the past, there was inconsistent  
          use of smoke evacuators and no real understanding of the hazards  
          of electrosurgical smoke," she says.  "We now use smoke  
          evacuators with any procedure that emits smoke.  Getting to that  
          point involved a proactive strategy to optimize workplace  
          safety."<2> 



          Arguments in Support

          ---------------------------


          <2> Environment of Care News, September 2007, Volume 10, Issue  
          9- Joint Commission on Accreditation of Healthcare Organizations













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          The sponsors argue that the Joint Commission on Accreditation of  
          Healthcare Organizations and NIOSH has called for a reduction of  
          plume exposure to healthcare workers and yet a federal  
          legislative mandate has not been forthcoming.  California is one  
          of many states that as an OSHA approved state plan that allows  
          for the adoption of occupational standards without having to  
          resort to the onerous federal process.  Our state should take  
          the lead on this important issue as it has in areas like  
          occupational exposure to blood borne pathogens, Ebola virus,  
          safe patient handling, and workplace violence standards.

          Arguments in Opposition
          The California Hospital Association, are opposed to this bill  
          unless amended, stating "the equipment at issue in this bill  
          directly implicates patient care decisions.  The hospital  
          together with physicians, select devices that may generate plume  
          as well as devices that could minimize exposure to plume because  
          of the patient care considerations.  Once in the operating room,  
          the physician is in charge.  Because most hospitals do not  
          employ their physicians (and most private hospitals are  
          prohibited from doing so) the hospital's ability to impact  
          decisions made by physicians in the operating room may be  
          limited and as noted above, could interfere with patient care."


          They argue that directing the Board to utilize specific guidance  
          is too prescriptive particularly where the guidance referenced  
          is from a non-traditional source.  Guidance can change over  
          time, new guidance could be published before the Board begins  
          its process and/or there may be more appropriate guidance  
          available currently.  Lastly, they state it is not operationally  
          feasible to take guidance documents reflecting numerous options  
          and convert those options into mandates. 




          Analysis Prepared by:                                             
                          Lorie Alvarez / L. & E. / (916) 319-2091  FN:  











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