(II) "BLOODBORNE PATHOGENS" INCLUDE, BUT ARE NOT LIMITED
TO, HEPATITIS B VIRUS (HBV), HEPATITIS C VIRUS (HCV), AND HUMAN
IMMUNODEFICIENCY VIRUS (HIV).

(3) " DEPARTMENT" MEANS THE DEPARTMENT OF HEALTH AND MENTAL

HYGIENE.

(3) (4) "ENGINEERED SHARPS INJURY PROTECTION" MEANS EITHER:

(I) A PHYSICAL ATTRIBUTE BUILT INTO A NEEDLE DEVICE USED
FOR WITHDRAWING BODY FLUIDS, ACCESSING A VEIN OR ARTERY, OR
ADMINISTERING MEDICATIONS OR OTHER FLUIDS, WHICH EFFECTIVELY REDUCES
THE RISK OF AN EXPOSURE INCIDENT BY A MECHANISM SUCH AS BARRIER
CREATION, BLUNTING, ENCAPSULATION, WITHDRAWAL, RETRACTION,
DESTRUCTION, OR OTHER EFFECTIVE MECHANISMS; OR

(II) A PHYSICAL ATTRIBUTE BUILT INTO ANY OTHER TYPE OF
NEEDLE DEVICE, OR INTO A NONNEEDLE SHARP, WHICH EFFECTIVELY REDUCES
THE RISK OF AN EXPOSURE INCIDENT.

(4) (5) "NEEDLELESS SYSTEMS" MEAN DEVICES THAT DO NOT UTILIZE
NEEDLES FOR:

(I) THE WITHDRAWAL OF BODY FLUIDS AFTER INITIAL VENOUS OR
ARTERIAL ACCESS IS ESTABLISHED;

(II) THE ADMINISTRATION OF MEDICATION OR FLUIDS; AND

(III) ANY OTHER PROCEDURE INVOLVING THE POTENTIAL FOR AN
EXPOSURE INCIDENT.

(6) " SECRETARY" MEANS THE SECRETARY OF THE DEPARTMENT OF
HEALTH AND MENTAL HYGIENE.

(5) (7) "SHARPS" MEAN ANY OBJECTS USED OR ENCOUNTERED IN A
HEALTH CARE SETTING THAT CAN BE REASONABLY ANTICIPATED TO PENETRATE
THE SKIN OR ANY OTHER PART OF THE BODY, AND TO RESULT IN AN EXPOSURE
INCIDENT, INCLUDING, BUT NOT LIMITED TO, NEEDLE DEVICES, SCALPELS,
LANCETS, BROKEN GLASS, BROKEN CAPILLARY TUBES, EXPOSED ENDS OF DENTAL
WIRES AND DENTAL KNIVES, DRILLS, AND BURS.

(B) (1) SUBJECT TO THE PROVISIONS OF PARAGRAPH (2) OF THIS
SUBSECTION, THE BOARD DEPARTMENT SHALL ADVISE, CONSULT WITH, PROPOSE,
AND RECOMMEND TO THE COMMISSIONER REASONABLE REGULATIONS TO
ESTABLISH HOLD HEARINGS AND PREPARE A REPORT ON THE ESTABLISHMENT OF A
BLOODBORNE PATHOGEN STANDARD GOVERNING OCCUPATIONAL EXPOSURE TO
BLOOD AND OTHER POTENTIALLY INFECTIOUS MATERIALS ON THE BASIS OF A
STUDY CONDUCTED BY THE BOARD DEPARTMENT WHICH INCLUDES:

(1) (I) EVALUATING NEEDLELESS SYSTEMS AND SHARPS WITH
ENGINEERED SHARPS INJURY PROTECTION;