Occupationally Acquired Co- Infection of HIV and Hepatitis C Lisa M. Black RN, BSN Director at Large Nevada Nurses Association Health Care Worker Liability and Legal Vulnerability

American healthcare workers sustain approximately 590,000 needlestick injuries EVERY YEAR: v 12,000 of these injuries expose the worker to HIV...the virus that causes AIDS Statistics

Needlestick and Other Risks from Hypodermic Needles on Secondary I.V. Administration Sets -- Piggyback and Intermittent I.V. April 16, 1992 Dear Colleague: This is to alert you to the risk of needlestick injuries from the use of hypodermic needles as a connection between two pieces of intravenous (I.V.) equipment FDA SAFETY ALERT:

 In 1998, California nurses were the first to win legislative protection from needlestick injuries California Assembly Bill 1208

Historic Nationwide Needlestick Prevention Legislation was signed into law on November 6, 2000 Legislation modeled after the California Law was introduced into the United States Congress June 2000 Federal Legislation

 Engineered Sharps Injury Prevention Technology  Needlestick Injury Log  Involves bedside employees in device selection Components of United States Needlestick Legislation

 HIV treatment cost $3,000 USD per month  Hepatitis C treatment $2,000 USD per month  Lost wages $ Emotional/ Psychological impact is devastating Cost

 Governed and defined by state law  Employees are eligible to receive benefits without proving employer fault  This protection insulates employers from liability Workers Compensation

 Precludes employees from bringing private suit for occupational disease or injury  Provides little legal incentive for healthcare institutions to purchase safer equipment Exclusive Remedy Provision

Occupational Illness?? Conflicting decisions have resulted when the courts have been left to decide if a bloodborne illness meets the definition of a occupational disease

Product Liability Many injured healthcare workers have brought suit against the manufacturer of the device they were using at the time of their injury

Presumptive Eligibility  History of contact with a potentially infectious clientele is sufficient proof that a blood borne illness originated in the workplace  Financial coverage is VITAL

“Each of us is but one personal tragedy away from becoming politically active”

Nevada Assembly Bill 279 Will Create a statutory presumption of occupational transmission if a healthcare worker is infected with a blood borne disease Signed by Governor Kenny Guinn on May 28, 2001 Effective October 1, 2001 Assemblywoman Sheila Leslie

Don’t let stories such as mine be repeated in your facility

HIV HIV HCV HCV HIV HBV HCV