BILL ANALYSIS                                                                                                                                                                                                    




                                                                  AB 818
                                                                  Page A
          Date of Hearing:   April 14, 2009

                            ASSEMBLY COMMITTEE ON HEALTH
                                  Dave Jones, Chair
                AB 818 (Hernandez) - As Introduced:  February 26, 2009
           
          SUBJECT  :   Health facilities: connection ports. 

           SUMMARY  :  Delays, from January 1, 2011 to January 1, 2014, the  
          prohibition on a hospital using an intravenous, enteral, or  
          epidural connection that would fit into a connection port other  
          than the type for which it was intended.

           EXISTING LAW  prohibits, beginning January 1, 2011, a health  
          facility from using an intravenous connection, epidural  
          connection, or enteral feeding connection that would fit into a  
          connection port other than the type it was intended for, except  
          in an emergency or urgent situation, as specified. 

           FISCAL EFFECT  :   This bill has not been analyzed by a fiscal  
          committee.

           COMMENTS  :   

           1)PURPOSE OF THIS BILL  :  According to the author, health  
            facilities depend on a variety of catheters, tubing, and  
            syringes to deliver medications and other substances to  
            patients through vascular, enteral, respiratory, epidural  
            (outer part of the spinal canal), and intrathecal (spinal  
            canal or fluid) delivery systems.  These delivery systems  
            frequently employ fittings called Luer connectors to link  
            various system components.  The author states thousands of  
            these connections are used in hospital environments in  
            California daily and are critical to the daily care of  
            patients in all parts of the hospital environment.  The author  
            states that changing an industry standard for very commonly  
            used enteral and epidural connections will not be accomplished  
            within the next two years, as required by SB 158 (Florez),  
            Chapter 294, Statutes of 2008, and this bill is needed to  
            allow the industry to meet this important mandate through a  
            common design format.  The author makes several arguments for  
            allowing time for the development of a common design format.   
            First, the author contends that without a common design format  
            or industry standard, hospitals will have to purchase  
            proprietary products and accessories at high cost.  The author  









                                                                  AB 818
                                                                  Page B
            states these devices currently have low cost because of  
            volume, and creating a standardized design for these types of  
            regularly used connectors is important to keeping the costs  
            down.  Second, the author argues that without a common design  
            format, each hospital might use different equipment, leading  
            to confusion and possibly risking patient safety.   
            Additionally, the author argues that this bill will give the  
            International Standards Organization (ISO) and the federal  
            Food and Drug Administration (FDA) time to harmonize their  
            efforts to create a global standard, as well as give industry  
            time to ramp up manufacturing of the products.  

          According to the author, the ISO committee review takes  
            approximately 24 months.  After standards are adopted,  
            industry must complete several additional processes, such as  
            assessing the standards and identifying specifications and  
            changes required to create a mold, developing specifications  
            to create new molds and tools; changing manufacturing  
            processes; testing new products for interconnectability and  
            shelf life; developing regulatory documents for submission to  
            FDA; and, market introduction and customer education.  The  
            author states the FDA review time is three to six months.   
            After FDA approval, the author states a manufacturer is likely  
            to need another three to six months to manufacturer enough  
            product to meet a hospital's needs.  

           2)CONNECTORS .  According to Hayes, Inc., a medical research  
            consulting firm, Luer connectors have male and female  
            components which join together to create secure yet detachable  
            leak-proof connections.  Multiple connections between medical  
            devices and tubing are common in patient care, and because  
            Luer connectors are ubiquitous, easy-to-use, and compatible  
            between different delivery systems, clinicians can  
            inadvertently connect wrong systems together, causing  
            medication or other fluids to be delivered through the wrong  
            route.  Such errors have caused serious patient injuries and  
            deaths.  A November 2008 FDA Webcast states that Luer  
            connector misconnections are underrecognized but common and  
            potentially dangerous events.  Hayes reports that despite FDA  
            and other organizations' efforts to reduce misconnections  
            through education, protocol, and monitoring, dangerous  
            misconnections continue to occur.

           3)STANDARDS  .  ISO is the global entity focused on creating  
            standards for commonly used materials including medical and  









                                                                  AB 818
                                                                  Page C
            other devices.  An ISO committee began to bring together  
            international health departments, industry experts and  
            manufacturers to develop standards for global application.   
            According to an industry representative who is a member of the  
            ISO committee, the committee has been working on connections  
            for enteral lines, but will begin the review of connections  
            for epidural lines in May 2009.  The ISO committee also  
            intends to review the existing standard for intravenous  
            connectors.  In February 2009, FDA issued a letter stating it  
            is working with ISO and the International Electrotechnical  
            Commission and plans to publicize standards for connectors  
            used in intravascular breathing systems and enteral, epidural,  
            and other applications, but it did not provide a timeline.  

           4)SUPPORT  .  Abbott Nutrition writes in support that the  
            effective date of January 1, 2011 precedes the completion of  
            an international effort of regulatory agencies, medical  
            standards and instrumentation bodies and health care  
            associations to develop a worldwide technical standard for  
            non-interchangeable connections.  Abbott Nutrition writes it  
            is not feasible for hospitals and manufacturers to comply with  
            the law without industry standards, and would result in a  
            myriad of connection interfaces for each application, limiting  
            compatibility among manufacturers.  Abbott Nutrition states it  
            would be difficult for a facility to use enteral formulas from  
            different manufacturers, and this bill will ensure the  
            standard setting process is complete, give manufacturers time  
            to make compliant products, and allow hospital staff to be  
            trained in their use.  The Advanced Medical Technology  
            Association and Hospira, Inc. write in support that FDA, the  
            Joint Commission (formerly Joint Commission on Accreditation  
            of Healthcare Organizations, a private, non-profit health care  
            accreditation and certification organization), the American  
            Hospital Association, the American Society for Parenteral and  
            Enteral Nutrition, the Association for the Advancement of  
            Medical Instrumentation, and ISO are addressing inappropriate  
            connections of medical tubing, and that FDA is working with  
            ISO to develop standards for non-interchangeable connectors.   
            AdvaMed writes the development and implementation of these  
            standards is expected to take approximately three years.   
            AdvaMed and Hospira, Inc. also note that in the interim, the  
            following steps can be taken to mitigate the risk of  
            misconnections: labeling catheters; educating health care  
            workers on the importance of tracing lines to the point of  
            origin before making connections; and, color coding of tubing  









                                                                 AB 818
                                                                  Page D
            and connectors. 

           5)PREVIOUS LEGISLATION  .  SB 158, in addition to provisions  
            described above, establishes an infection surveillance,  
            prevention, and control program to provide oversight of  
            hospital efforts to address hospital-associated infections,  
            expands the responsibilities of the existing Healthcare  
            Associated Infection Advisory Committee, and requires all  
            hospitals to institute a plan to improve the health and safety  
            of patients.

           6)POLICY QUESTION  .  Given that international efforts to address  
            standards for connectors are underway but likely to be  
            complete at different times for the three types of connections  
            this bill addresses, instead of delaying the effective date of  
            this requirement for three years, should this bill require  
            health facilities to comply with the ISO standards for each  
            type of connector within a specified time period of the  
            implementation of each standard? 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Abbott Nutrition
          Advanced Medical Technology Association (AdvaMed)
          Hospira, Inc.

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Allegra Kim / HEALTH / (916) 319-2097