Okla. Stat. tit. 63, § 63-1-539.2

– Powers and duties.

A. By August 1, 2000, each of the following agencies and

associations shall appoint a member to the Needlestick Injury

Prevention Committee:

1. The State Department of Health;

2. The State Department of Labor;

3. The Oklahoma Board of Nursing;

4. The Oklahoma State Medical Association;

5. The Oklahoma Osteopathic Association;

6. The Oklahoma Hospital Association;

7. The Oklahoma Nurses Association;

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8. The Pharmaceutical Research and Manufacturers of America;

9. The Professional Firefighters of Oklahoma Association;

10. The Oklahoma Emergency Medical Technicians Association; and

11. The Oklahoma Municipal League.

B. Upon appointment of a member, each agency and entity

specified by subsection A of this section shall submit the name,

address and telephone number of the member so appointed to the State

Commissioner of Health.

C. The State Commissioner of Health shall convene the first

meeting of the Committee on or before October 1, 2000.

D. 1. The Committee shall elect a chair and vice-chair from

among its members. The Committee shall meet as often as necessary

to develop guidelines for the use of needleless systems and

engineered sharps injury protection and to comply with the

provisions of the Needlestick Injury Prevention Act. A majority of

the members shall constitute a quorum for the transaction of

business.

2. The Committee is authorized to utilize the conference rooms

of the State Department of Health and to obtain staff assistance

from the Department as needed.

3. The members of the Committee shall be reimbursed expenses

incurred in the performance of their duties as provided in the State

Travel Reimbursement Act. Members appointed by any state agency

shall be reimbursed for any authorized expense incurred in the

performance of such members’ duties for the Committee, as provided

in the State Travel Reimbursement Act. For members who are not

state employees, the State Department of Health shall be responsible

for the processing and payment of any authorized expense incurred in

the performance of such members’ duties for the Committee, as

provided in the State Travel Reimbursement Act.

E. Before developing any guidelines for the development of

uniform rules, the Committee shall give public notice, offer

opportunity for public comment and conduct statewide public

meetings.

F. The Committee shall have the power and duty to:

1. Evaluate needleless systems and sharps with engineered

sharps injury protection in high exposure areas;

2. Compile a list of existing needleless systems and sharps

with engineered sharps injury protection to assist employers;

3. Develop guidelines for uniform administrative rules related

to the use of needleless systems and engineered sharps injury

protection in high exposure areas;

4. Develop compliance thresholds for needleless systems in high

exposure areas;

5. Assess the rate of use of needleless systems in high

exposure areas;

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6. Utilize the latest version of a directive published by the

Occupational Safety and Health Administration, United States

Department of Labor entitled “Enforcement Procedures for the

Occupational Exposure to Bloodborne Pathogens” for the reporting

mechanism for needlestick injuries in high exposure areas;

7. Prior to March 1, 2004, and annually thereafter determine

whether there is sufficient utilization of sharps prevention

technology in the state in high risk areas. If the Committee

determines that there is a sufficient use of sharps prevention

technology in the state, prior to the promulgation of rules pursuant

to Section 3 of this act, the Committee shall recommend to the rule-

making agencies that the proposed rules not be promulgated. If such

determination is made after the rules have been promulgated pursuant
hnology in the state in high risk areas. If the Committee

determines that there is a sufficient use of sharps prevention

technology in the state, prior to the promulgation of rules pursuant

to Section 3 of this act, the Committee shall recommend to the rule-

making agencies that the proposed rules not be promulgated. If such

determination is made after the rules have been promulgated pursuant

to Section 3 of this act, the Committee shall recommend to the rule-

making agencies that such promulgated rules be rescinded; and

8. Evaluate and consider such other data and information

necessary to perform its duties and responsibilities pursuant to the

provisions of the Needlestick Injury Prevention Act.

G. In exercising such powers and duties the Committee shall:

1. Consider training and education requirements and increased

use of personal protective equipment in high exposure areas;

2. Consider the cost, cost benefit analysis and the

availability of a needleless system; and

3. Consider information contained in the Center for Disease

Prevention and Control's publication on universal precautions.

H. 1. On or before May 1, 2003, the Committee shall establish

guidelines for the development of uniform administrative rules by

the agencies specified in Section 3 of this act related to the use

of needleless systems and engineered sharps injury protection.

Guidelines established by the Needlestick Injury Prevention

Committee and rules promulgated by the state agencies specified in

Section 3 of this act shall in no way prohibit or otherwise limit

the use of:

a. a prefilled syringe that is approved by the federal

Food and Drug Administration; provided, however, this

exemption shall expire on June 1, 2004, and

b. prefilled syringes purchased or in stock prior to June

1, 2004.

2. Before developing such guidelines the Committee shall

provide an opportunity for public comment through a series of

statewide public hearings. The Committee shall give advance public

notice of such hearings.

3. On or before August 1, 2003, the agencies listed in Section

3 of this act shall submit copies of proposed rules to the Committee

for review.

4. On or before September 1, 2003, the Committee shall review

the proposed rules prepared by such agencies for uniformity and

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compliance with the guidelines established by the Committee. The

Committee shall forward copies of the proposed rules to the Hospital

Advisory Council for review.

5. Beginning November 1, 2003, the Hospital Advisory Council

shall forward to the Committee for review copies of any proposed

amendments to the rules promulgated pursuant to the Needlestick

Injury Prevention Act. The Committee shall consider such comments

and recommendations in making its recommendations to such agencies

for modifications to the proposed rules, as necessary to ensure

uniformity and compliance with the established guidelines.

6. On or before July 1, 2003, the Committee shall develop and

maintain a list of existing needleless systems and engineered sharps

injury protections. This list shall be available to assist

employers in complying with the requirement of the standards,

adopted in accordance with the Needlestick Injury Prevention Act.

7. Beginning March 1, 2004, the Committee shall meet not less

than annually and more often as necessary, as determined by the

chair of the Committee, for the purpose of reviewing proposed or

necessary amendments to the rules promulgated pursuant to the

Needlestick Injury Prevention Act, in order to ensure the continuing

consistency and uniformity of the rules to provide for necessary

revisions of the list.

I. Each state agency listed in Section 3 of this act shall

provide information and staff assistance as necessary to prepare the

rules, procedures, forms and lists required by the Needlestick

Injury Prevention Act.
lgated pursuant to the

Needlestick Injury Prevention Act, in order to ensure the continuing

consistency and uniformity of the rules to provide for necessary

revisions of the list.

I. Each state agency listed in Section 3 of this act shall

provide information and staff assistance as necessary to prepare the

rules, procedures, forms and lists required by the Needlestick

Injury Prevention Act.

J. The Committee shall terminate on July 1, 2006.