1. (a) The Department of State Health Services (department) recommends that governmental units implement needleless systems and sharps with engineered sharps injury protection for employees.
2. (b) Waivers shall not be granted. The provisions in the legislation which allowed the department to grant waivers, has expired (Chapter 1411, 76th Legislature, §26.02).
3. (c) The use of a prefilled syringe that is approved by the Federal Food and Drug Administration may not be prohibited.

4. (d) Evaluation committee.

   1. (1) At least half of the members of an evaluation committee established by a governmental unit to implement subsection (b) of this section must be employees who are health care workers who have direct contact with patients or provide services on a regular basis.
   2. (2) Whenever possible, the governmental entity establishing the evaluation committee shall consider using committees with similar duties already in existence.

Source Note:The provisions of this §96.301 adopted to be effective August 16, 2000, 25 TexReg 7704; amended to be effective July 23, 2006, 31 TexReg 5626.