1. (a) The Texas Department of Health (department) recommends that governmental units implement needleless systems and sharps with engineered sharps injury protection for employees.

2. (b) Waiver for undue burden.

   1. (1) The recommendation adopted in subsection (a) of this section does not apply to the use of a needleless system or sharps with engineered sharps injury protection in circumstances and in a calendar year in which an evaluation committee, created in conformance with subsection (c) of this section, has established that the use of needleless systems and sharps with engineered sharps injury protection:

      1. (A) will jeopardize patient or employee safety with regard to a specific medical procedure; or
      2. (B) will be unduly burdensome.
   2. (2) A report of the evaluation committee's decision to request a waiver shall be submitted in writing prior to January 1st of each year to the Associate Commissioner, Disease Control and Prevention, 1100 West 49th Street, Suite G-401, Austin, Texas 78756.
   3. (3) Waivers for one year periods will be issued beginning January 1, 2001.
   4. (4) The use of a prefilled syringe that is approved by the federal Food and Drug Administration may not be prohibited. This prohibition expires on May 1, 2003.

3. (c) 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 in existence on September 1, 1999.

Source Note:The provisions of this §96.301 adopted to be effective August 16, 2000, 25 TexReg 7704.