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  • NJ A837
  • Establishes "Hazardous Drug Safe Handling Act;" requires promulgation of standards and regulations concerning safe handling of hazardous drugs by certain health care personnel.*
In Committee
Crossed Over
2016-2017 Regular Session
This bill establishes the "Hazardous Drug Safe Handling Act," which would require the Commissioner of Labor and Workforce Development ("commissioner") 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. 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, will be required 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 will describe the hazardous drugs for which handling is to be regulated, the methods and procedures for handling such drugs, an implementation plan, and such other requirements as may be necessary 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 medical evaluation for health care personnel who directly handle hazardous drugs, at no cost to the personnel, at the time of hiring, upon exposure to hazardous drugs, and upon request when such request is related to reproductive concerns. These standards and regulations would also include a schedule of penalties for violations, which may incorporate such factors as the commissioner determines relevant to assessing penalties for violations, including any history of previous violations, the seriousness of the current violation, and any other factors which the commissioner may establish by regulation. In addition, the standards and regulations would, to the extent feasible, be consistent with and not exceed recommendations in the 2004 alert by the National Institute for Occupational Safety and Health (NIOSH) in the Centers for Disease Control and Prevention, entitled "Preventing Occupational Exposures to Antineoplastic and Other Hazardous Drugs in Health Care Settings." The standards and regulations may incorporate applicable updates and changes to NIOSH guidelines, and the bill would require the standards and regulations be reviewed by the commissioner, in consultation with a stakeholder group, every two years. Employers of health care personnel will be required to provide hazardous drugs training to all employees who have or are likely to have occupational exposure to hazardous drugs. The training will take place at the time of the employee's initial job assignment, and on an annual basis thereafter. The commissioner will enforce the provisions of the bill, and will have right-of-entry to all pertinent premises and records for the purposes of inspection and information. The commissioner will be authorized to assess and collect administrative penalties for violations of the bill consistent with the schedule of penalties set forth in regulation. The bill would prohibit levying an administrative penalty unless the commissioner provides the alleged violator with notification, by certified mail, of the violation and of the amount of the penalty, and an opportunity to request a hearing before the commissioner, or the commissioner's designee, within 15 days following receipt of the notice. If a hearing is requested, the commissioner would issue a final order upon such hearing and a finding that a violation has occurred. If no hearing is requested, the notice would become a final order upon expiration of the 15-day period. Payment of the penalty would be due when a final order is issued or when the notice becomes a final order.
2nd Reading in Assembly to Concur with Senate Amendments, 2nd Reading in the Assembly, 2nd Reading in the Senate, Bills and Joint Resolutions Signed by the Governor, Budget and Appropriations, Health and Senior Services, Health, Human Services and Senior Citizens, Passed Assembly, Passed both Houses, Passed Senate
Approved P.L.2017, c.69.  (on 5/11/2017)
Date Chamber Action Description
5/11/2017 A Approved P.L.2017, c.69.
3/16/2017 A Passed Assembly (Passed Both Houses) (74-0-0)
2/15/2017 A Received in the Assembly, 2nd Reading on Concurrence
2/13/2017 S Passed by the Senate (37-0)
2/13/2017 S Substituted for S468 (2R)
1/30/2017 S Reported from Senate Committee with Amendments, 2nd Reading
1/30/2017 Senate Budget and Appropriations Hearing (19:00 1/30/2017 A-4146 (2R) is pending referral.)
1/30/2017 Senate Budget and Appropriations Hearing (13:00 1/30/2017 Committee Room 4, 1st Floor)
9/26/2016 S Referred to Senate Budget and Appropriations Committee
9/26/2016 S Reported from Senate Committee with Amendments, 2nd Reading
9/26/2016 Senate Health, Human Services and Senior Citizens Hearing (13:00 9/26/2016 Committee Room 1, First Floor)
6/6/2016 S Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee
5/26/2016 A Passed by the Assembly (70-0-1)
4/7/2016 A Assembly Floor Amendment Passed (Jimenez)
3/7/2016 A Reported out of Assembly Committee, 2nd Reading
3/7/2016 Assembly Health and Senior Services Hearing (10:00 3/7/2016 Committee Room 16, 4th Floor)
1/27/2016 A Introduced, Referred to Assembly Health and Senior Services Committee
Date Motion Yea Nay Other
Detail 3/16/2017 Assembly Floor: Concur in Senate Amendments 74 0 6
Detail 2/13/2017 Senate Floor: Third Reading - Final Passage 37 0 3
Detail 2/13/2017 Senate Floor: Substitute For S468 (Voice Vote) 0 0 0
Detail 1/30/2017 Senate Budget and Appropriations Committee: Reported with Amendments 13 0 0
Detail 9/26/2016 Senate Health, Human Services and Senior Citizens Committee: Reported with Amendments 9 0 0
Detail 5/26/2016 Assembly Floor: Third Reading - Final Passage 70 0 10
Detail 3/7/2016 Assembly Health and Senior Services Committee: Reported Favorably 11 0 2