BILL NUMBER: AB 375	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 5, 2011
	AMENDED IN SENATE  JUNE 29, 2011
	AMENDED IN ASSEMBLY  MAY 27, 2011

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 14, 2011

   An act to add Section 3212.13 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 375, as amended, Skinner. Workers' compensation: hospital
employees: presumption.
   Existing law provides that an injury of an employee arising out of
and in the course of employment is generally compensable through the
workers' compensation system. Existing law provides that, in the
case of certain public employees, the term "injury" includes heart
trouble, hernia, pneumonia, human immunodeficiency virus, lower back
impairment, and other injuries and diseases.
   This bill would provide, with respect to hospital employees who
provide direct patient care in an acute care hospital, that the term
"injury" includes a bloodborne infectious disease, as defined, or
methicillin-resistant Staphylococcus aureus (MRSA) that develops or
manifests itself during the period of the person's employment with
the hospital.
   This bill would further create a disputable presumption that the
above injury arises out of and in the course of the person's
employment if it develops or manifests as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) According to the United States Department of Labor, health
care is the second fastest growing sector of the United States
economy, employing over 12 million workers. Women represent nearly 80
percent of the health care work force.
   (b) By the nature of their profession, health care workers are in
constant danger of being directly exposed to many infectious diseases
and indirectly exposed through contact with various pieces of
equipment, chemicals, and clothing.
   (c) Registered nurses constitute the largest occupation within the
health care sector and number over 2.5 million, of which 70 percent
are employed in hospitals.
   (d) In 2008, nearly two-thirds of nurses reported needlestick and
other percutaneous injuries and studies show that injuries have
increased 6.5 percent in surgical settings.
   (e) Health care acquired infections in California hospitals
account for an estimated 200,000 infections and 12,000 deaths
annually, according to the State Department of Public Health.
   (f) According to the Office of Statewide Health Planning and
Development, in 2007 there were 52,000 cases of MRSA-infected
patients at hospitals across the state.
   (g) Public safety employees, such as police officers and
firefighters, already have guaranteed access to the workers'
compensation system for MRSA, HIV, cancer, leukemia, meningitis, back
injuries, and other work-related illnesses and injuries. However,
presumptive eligibility for workers' compensation is nonexistent for
health care workers.
   (h) Due to the rise in work-related illnesses and injuries,
including MRSA and other bloodborne diseases, it is most appropriate
to protect health care workers by ensuring access to workers'
compensation for health care workers who suffer workplace injuries or
contract infectious diseases.
  SEC. 2.  Section 3212.13 is added to the Labor Code, to read:
   3212.13.  (a) In the case of a hospital employee who provides
direct patient care in an acute care hospital, referred to in this
section as hospital employee, the term "injury," as used in this
section, includes a bloodborne infectious disease or
methicillin-resistant Staphylococcus aureus (MRSA) that develops or
manifests itself during a period of the person's employment with the
hospital. The compensation awarded for that injury shall include full
hospital, surgical, medical treatment, disability indemnity, and
death benefits, as provided by this division.
   (b) (1) The bloodborne infectious disease or MRSA so developing or
manifesting itself shall be presumed to arise out of and in the
course of employment. This presumption is disputable and may be
controverted by other evidence, but unless so controverted, the
appeals board shall so find.
   (2) The bloodborne infectious disease presumption shall be
extended to a hospital employee following termination of service for
a period of 180 days, commencing with the last date actually worked.
   (3) The MRSA presumption shall be extended to a hospital employee
following termination of service for a period of 90 days, commencing
with the last day actually worked. 
   (c) A bloodborne infectious disease so developing or manifesting
itself in these cases shall not be attributed to any disease existing
prior to that development or manifestation.  
   (c) The bloodborne infectious disease or MRSA skin infection so
developing or manifesting itself in those cases shall not be
attributed to any disease or skin infection existing prior to that
development or manifestation. 
   (d) For the purposes of this section, "bloodborne infectious
disease" means a disease caused by exposure to pathogenic
microorganisms that are present in human blood that can cause disease
in humans, including those pathogenic microorganisms defined as
bloodborne pathogens by the Department of Industrial Relations.