New Jersey § 26:2h-5

§ 26:2h-5.

A health care facility shall: a. Establish an evaluation committee in which at least half of the members are direct-care

health care workers who shall select needles and other sharp devices from each class

of needle or other sharp device for which the commissioner has developed evaluation

criteria pursuant to subsection c. of section 3 of this act 1 ; b. Provide for education and training, as appropriate, in the use of designated needles

and other sharp devices; c. Develop a mechanism to continually review and evaluate newly introduced needles

and other sharp devices available in the marketplace for use in a health care facility; d. Establish a waiver procedure for health care professionals wherein a health care

professional practicing at the health care facility may request the evaluation committee

to grant the professional a waiver from the requirements of subsection a. or b. of

section 3 of this act 1 for a specific product that will be used for a specific medical procedure that shall

be performed on a specific class of patients. The evaluation committee shall grant a waiver if it determines that use of a needle

or other sharp device with integrated safety features potentially may have a negative

impact on patient safety or the success of a specific medical procedure. A health care professional may use a needle or other sharp device without integrated

safety features in an emergency situation, without obtaining a waiver from the evaluation

committee, if the professional determines that use of a needle or other sharp device

with integrated safety features potentially may have a negative impact on patient

safety or the success of a specific medical procedure, and the professional notifies

the evaluation committee, in writing, within five days of the date the needle or other

sharp device was used of the reasons why that needle or other sharp device was necessary. The use of a needle or other sharp device that does not meet the requirements of subsection

a. or b. of section 3 of this act 1 shall be permitted under this act if it is used in accordance with the requirements

of this subsection; e. Record needle stick injuries in a Sharps Injury Log or an OSHA 200 Log, and shall

include in the log a description of the injury, including the type and brand name

of the needle or other sharp device involved in the injury; and f. Report to the department quarterly, in a form and manner prescribed by the department:

(1) all entries of an injury in a Sharps Injury Log or an OSHA 200 Log; and (2) all

waivers granted to health care professionals and the reasons therefor, and all emergency

uses by health care professionals of needles and other sharp devices without integrated

safety features and the reasons therefor, pursuant to subsection d. of this section. 1

N.J.S.A. § 26:2H-5.12.