MNA needlestick prevention bill passes with the help of ANA and state labor unions
By Gloria Craven and Stacey Ober
Department of Legislation and
Government Affairs

In a dramatic and nail-biting ending, the MNA succeeded in passing sweeping needlestick injury prevention legislation in the final days of the Legislature's 2000 session. Every potential obstacle was raised and overcome through the concerted efforts of committed legislative sponsors and staff of MNA.

The MNA had been working with the House Ways and Means Committee for months on this legislation. The committee chair, Rep. Paul Haley, (D-Weymouth), committed to MNA at its March 9 Lobby Day that this legislation was a priority for him. However, repeated meetings over the language of the bill did not produce a final document until July 25, just six days before the end of the session. Although an important step, the legislation faced a daunting task with multiple hurdles and the need to be passed by both the House and the Senate by July 31.

The House chair of the Health Care Committee, Rep. Harriette Chandler (D-Worcester), began to raise technical questions about the bill and the state's authority to regulate private sector hospitals. Known as "federal preemption" this issue could easily have killed the bill on the spot. In fact, a July 26 Department of Public Health letter insisted that the state did not have the authority to pass such legislation and that it would be challenged in court under the concept of federal preemption. The letter, which caused confusion at the least and impetus to kill the bill at worst, was circulated to members of the House and Senate.

In a frenzied attempt to save the bill, Stacey Ober, RN, JD, associate director of the Department of Legislation and Government Affairs secured needed assistance from the ANA. Multiple states have already passed needlestick prevention legislation. Some have been easier because their state has a state agency which protects their workers at the state level under the original provisions of the federal OSHA statutes. This is true in California, for instance. In other states that rely on federal OSHA to protect workers, this legislation has been more difficult to pass. This is the case with Massachusetts. Sue Wilburn at ANA succeeded in securing language from the recently enacted New Jersey law. That language was pivotal, as New Jersey has the same status as does Massachusetts of state OSHA agency.

The issue of federal preemption arose a number of times over the course of the six days. However, this document, along with convincing lobbying put this issue to rest with other legislators just as it had been put to rest with the House Committee on Ways and Means for several months.

On Friday, July 28 the House engrossed the bill with the outstanding efforts of Rep. Christine Canavan, RN (D-Brockton). However, there was an attempt in the Senate to attach SEIU's needlestick legislation. Because of the timing, any changes in the bill were seen as detrimental to the entire effort and again the bill faced certain death.

Much to its credit, SEIU and Celia Wisclo, the president, supported the bill as released by House Ways & Means. The Speaker of the House, Rep. Thomas Finneran, then insisted however, that AFL-CIO must also support the bill and send a letter to the speaker indicating AFL-CIO's wish to have a roll call on the bill's enactment to be counted as a labor vote. Since MNA is not a member of AFL-CIO, the only way to secure this letter from the AFL-CIO was to note a change in the bill. Therefore, on the Senate side, a provision was added to include SEIU State Chapter in the advisory committee established by the bill. This action secured the much sought after AFL-CIO support letter. The bill was then engrossed in the Senate on Monday July 31 at about 4pm. Karen Daley, MNA president, was in the Senate chamber and witnessed the unanimous and overwhelming support for the legislation.

"This law is needed to protect all health care workers. One of our very own, Karen Daley the MNA president, has been the unfortunate victim of a needlestick injury. The state can no longer tolerate this preventable injury for those who care for the rest of our citizens," noted Sen. Richard Moore, Senate chair of the Health Care Committee. The only two remaining steps left were enactment in both the House and Senate before placing the bill on the governor's desk.

But of course, another twist and turn to this story! Rep. Canavan learned that although the speaker wanted AFL-CIO support for the bill, he would not entertain changes to the legislation. On Monday, July 31, the last day of the formal session, it was becoming increasingly clear that although MNA had come very far, it was likely that the bill would not pass. At 10:15 p.m. on Monday, with just two hours remaining in the session, the Speaker removed the changes to the bill and sent it back to the Senate. The paperwork was delayed and the Senate never received the documents until 11:30 p.m. At two minutes before midnight the Senate re-engrossed the bill without the changes and made it acceptable to the House.

Because it was not enacted before midnight the bill again looked like it may fail. Luckily, before midnight, Rep. Barbara Gardner (D-Holliston), the House majority whip, committed to complete the final hurdles in what is known as an "informal" session. This is tricky, as any one member of the House or Senate may object, a move that could absolutely kill the bill. MNA knew that there was cause for concern. On Aug. 3, at 11:17 a.m. while Rep. Gardner was presiding over the House of Representatives, the bill was enacted. Again SEIU supported the bill and that support was critical to its final enactment in the Senate on Monday, Aug. 7! The bill must now be signed by the governor to become law.

Those individual legislators and persons who deserve recognition and thanks for their support and efforts in securing this legislation include: Reps. Christine Canavan, RN, Barbara Gardner, William P. Nagle, Jr. (D-Northampton), David Donnelley, (D-Boston), David Tuttle (R-Barre), Kathy Teahan (D-Whitman), Brian Cresta (R-Wakefield), Sens. Marc Pacheco (D-Taunton), Mark Montigny (D-New Bedford), Richard Moore (D- Uxbridge), Robert Creedon (D- Brockton), Therese Murray (D-Plymouth), Senate President Thomas Birmingham (D-Chelsea), U.S. Senator Edward Kennedy, Celia Wisclo, president Local 285 SEIU, Suzanna Seggatt SEIU, Rich Marlin and Bobby Haynes, AFL-CIO. Of course, if it were not for the courage of Karen Daley and her public position on protecting nurses and other health care workers, this legislation would not have passed. Her very presence in the House and Senate on July 31, until midnight, was a visual commitment to every nurse in the commonwealth. This department salutes her and her efforts, as we're sure every MNA member does.