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March 7, 2016
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Jimenez, Green, Mukherji, and Sumter Bill to Establish
Rules for Handling of Hazardous Drugs, Protect Health Care Personnel that
Administer them Advanced by Assembly Panel
(TRENTON) – Legislation sponsored by
Assembly Democrats Angelica Jimenez (D-Bergen/Hudson), Jerry Green (D-Middlesex/Somerset/Union),
Raj Mukherji (D-Hudson) and Shavonda Sumter (D-Bergen/Passaic) to adopt
regulations concerning the handling of hazardous drugs that could be harmful to
health care personnel was released Monday by an Assembly panel.
“These hazardous drugs pose a real risk
to health care personnel who may be exposed to them in the air, and through
contact with work surfaces, clothing, medical equipment and patients,” said
Jimenez (D-Bergen/Hudson). “This bill would help ensure that all necessary
precautions are taken so that health care professionals who must work with
these drugs are well protected.”
The bill (A-837) would establish the “Hazardous
Drug Safe Handling Act,” which would require the Commissioner of Labor and
Workforce Development to promulgate rules and regulations concerning the
handling of hazardous drugs by health care personnel. Hazardous drugs,
including antineoplastic drugs used in chemotherapy, have been associated with
a number of adverse acute, short-term, and chronic effects, including skin
rashes, infertility, miscarriage, birth defects, various cancers, and damage to
the liver, kidneys, bone marrow, heart, and lungs.
“The risks associated with these drugs
could very likely keep people from pursuing this work,” said Green (D-Middlesex/Somerset/Union).
“This would help reduce the potential for harmful exposure and ensure patients
get the care they need from well-trained health care professionals.”
“The effects of these drugs on an
individual range from birth defects to heart damage,” Said Mukherji (D-Hudson).
“Given the severity of the health risks, it is imperative that guidelines be
set up to ensure the proper handling of these drugs and reduce the risk of
exposure.”
“These health care professionals
are providing an important service to patients battling cancer,” said Sumter
(D-Bergen/Passaic). “It is critical not just for these professionals, but the
patients they care for, that we make their working environment as safe and
risk-free as possible.”
Under the bill, no later than 12 months
after the effective date, the commissioner, in consultation with the
Commissioner of Health, the Director of the Division of Consumer Affairs in the
Department of Law and Public Safety, and a stakeholder group comprised of
certain members as set forth in the bill, would have to adopt consensus-driven
standards and regulations concerning the handling of hazardous drugs by health
care personnel in a health care setting or an animal or veterinary facility.
The standards and regulations would describe the hazardous drugs for which
handling must be regulated, the methods and procedures for handling such drugs,
an implementation plan, and such other requirements needed to protect the
health and safety of health care personnel.
The standards and regulations may
include, but are not limited to: (1) written, site-specific hazardous drug
control programs to avoid occupational exposure through transporting,
compounding, administering, disposing, or other handling of hazardous drugs;
(2) hazard assessments to determine precautions necessary to protect health
care personnel from exposure; (3) engineering controls to eliminate or minimize
exposure; (4) personal protective equipment and the circumstances under which
personal protective equipment must be used by health care personnel; (5) safe
handling practices, including handling, receiving, storage, preparing,
administering, waste handling, cleaning, housekeeping, labeling and signage,
and maintenance practices; (6) spill control and response procedures; (7) training
standards and practices; (8) requirements for recordkeeping, including records
related to training sessions, qualifications, incident reports, and other
pertinent information; and (9) medical surveillance, including, at a minimum, a
free medical evaluation for health care personnel who directly handle hazardous
drugs, , at the time of hiring, upon exposure to hazardous drugs, and upon
request when the request is related to reproductive concerns.
Employers of health care personnel would
have to provide hazardous drugs training to all employees who have or are
likely to be exposed to hazardous drugs. The training would take place at the
time of the employee’s initial job assignment, and on an annual basis
thereafter.
Lastly, the commissioner would enforce
the provisions of the bill, and would have right-of-entry to all pertinent
premises and records for the purposes of inspection and information.
The bill was released by the Assembly
Health and Senior Services Committee.
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