North Carolina § 95-156 - Handling of dangerous antineoplastic agents.

§ 95-156. Handling of dangerous antineoplastic agents.

The Commissioner of Labor shall adopt rules to establish requirements for the handling of antineoplastic agents in facilities where there is occupational exposure to antineoplastic agents. The rules adopted pursuant to this section shall be consistent with, but not exceed, the recommendations issued by the National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), as contained in the Alert: Preventing Occupational Exposure to Antineoplastic and Other Hazardous Drugs in Health Care Settings, as published in 2004 and including subsequent amendments and editions. The Department's adoption of the rules may incorporate updates and changes to NIOSH's guidelines as made by CDC. Rules adopted pursuant to this section shall not apply to an entity that has obtained a permit pursuant to G.S. 90-85.21 or G.S. 90-85.21A. The Commissioner shall enforce these rules and investigate complaints in accordance with the provisions of this Article. History (2014-76, s. 4.) Editor's Note. - Session Laws 2014-76, s. 6 made this section effective July 22, 2014. Session Laws 2014-76, s. 1, provides: "The General Assembly finds that health care personnel who work with or near hazardous antineoplastic agents in health care settings may be exposed to these agents in the workplace. It is the intent of the General Assembly to require health care facilities to follow rules requiring compliance with all aspects of alerts from the National Institute for Occupational Safety and Health in order to protect health care personnel in this State from hazardous exposure to such agents." Session Laws 2014-76, s. 5, provides: "The Commissioner of Labor shall adopt the rules to implement this act no later than January 1, 2016. Rules adopted pursuant to this section shall not be subject to G.S. 150B-19.1(e) , 150B-19.1(f), 150B-19.1(h), and 150B-21.4. The Commissioner of Labor shall establish an advisory workgroup, consisting of hospitals, organizations representing health care personnel, and other interested stakeholders, for the development of rules as required by this act. Consideration shall be given to what constitutes a reasonable time frame for facilities to implement new requirements."