March 25, 2015, Introduced by Senators BRANDENBURG, BOOHER and BIEDA and referred to the Committee on Health Policy.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding section 20154.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20154. (1) The department of licensing and regulatory
affairs shall promulgate rules to establish requirements for
handling antineoplastic drugs and other hazardous drugs in a health
facility or agency or any other setting at which medical or
surgical treatment or care to human patients is provided. The
department of licensing and regulatory affairs shall consider input
from health facilities and agencies, organizations that represent
health professionals, and other stakeholders and shall consider
reasonable time for health providers to implement new requirements
imposed in rules promulgated under this section.
(2) The department of licensing and regulatory affairs shall
ensure that rules promulgated under this section are consistent
with and do not exceed provisions adopted by the National Institute
for Occupational Safety and Health's 2004 alert on "Preventing
Occupational Exposures to Antineoplastic and Other Hazardous Drugs
in Health Care Settings" as updated in 2012. If, after the
effective date of the amendatory act that added this section, the
department of licensing and regulatory affairs determines that any
updates or changes made to the National Institute for Occupational
Safety and Health's 2004 alert on "Preventing Occupational
Exposures to Antineoplastic and Other Hazardous Drugs in Health
Care Settings" are appropriate to protect the public health and
welfare, the department of licensing and regulatory affairs by
order or rule may update the application of the rules promulgated
under this section.
(3) A health care provider shall comply with rules promulgated
under this section.
(4) A health care provider that violates this section is
guilty of a misdemeanor. A violation of this section by a health
professional is considered a violation of article 15 and that
health professional is subject to administrative action under
sections 16221(h) and 16226.
(5) As used in this section:
(a) "Antineoplastic drug" means a chemotherapeutic agent that
controls or kills cancer cells.
(b) "Hazardous drugs" means any drug identified by the
National Institute for Occupational Safety and Health at the
Centers for Disease Control and Prevention or any drug that meets 1
or more of the following criteria:
(i) Carcinogenicity.
(ii) Teratogenicity or developmental toxicity.
(iii) Reproductive toxicity in humans.
(iv) Organ toxicity at low doses in humans or animals.
(v) Genotoxicity.
(vi) New drugs that mimic existing hazardous drugs in
structure or toxicity.
(c) "Health care provider" means a health facility or agency
or a health professional that handles an antineoplastic drug or
other hazardous drugs in furnishing medical or surgical treatment
or care to human patients.
(d) "Health professional" means an individual licensed,
certified, or authorized to engage in a health profession under
article 15, but not including veterinarians or veterinary
technicians under part 188.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.