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Government Affairs

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Eliminating Mercury in Health Care Setting

Background

Many health care devices contain mercury. Disposal of health care devices containing mercury causes mercury to be released into the environment. Exposure to mercury adversely effects the brain, kidney, and fetus. Cost effective mercury free alternatives for health care devices are readily available.

The American Nurses Association (ANA), the American Hospital Association, the United States Environmental Protection Agency, and Health Care Without Harm have partnered to form Hospitals for a Healthy Environment ( H2E [www.h2e-online.org]) in order to support the virtual elimination of mercury in health care through the use of mercury free alternatives. A major goal of H2E is to eliminate the use of mercury in health care by 2005. Legislation is needed to expedite this initiative.

Activities / Actions

In 2006, MI and MA enacted legislation that bans the sale or offer of promotion of any product containing used for monitoring which contains mercury, exempting those products purchased prior to enactment and used in a private residence. Laws become effective in both states in 2008. Mercury fever thermometers have been the initial and the most visible target of legislation related to mercury in health care. In 2006, OH and PA introduced legislation that would ban mercury fever thermometers, but were not enacted by the end of 2006. Prior to 2006, 15 states enacted legislation to ban the sale/distribution of mercury fever thermometers: CA, CT, IL, IN, ME, MD, MA, MI, MN, NH, NJ, NY, OR, RI, and WA. The NJ legislation does not apply to thermometers used for professional health care.

In 2006, CA, LA, ME, MA, MI, NJ, NC, SC, and VT, took the initiative a step further, introducing legislation that also prohibits the sale or distribution the or provides for the phase out of any or all of the following common hospital devices if they contain mercury: sphygmomanometer, barometer, esophageal dilator, bougie tube, gastrointestinal tube, flow meter, hydrometer, psychometer, manometer, and pyrometer. Prior to 2006 ME, NY, and WA enacted similar legislation. LA SB 615, the Mercury Risk Reduction Act was signed into law.

In addition to legislation listed above that is a priority for ANA, legislation has been introduced to address other sources of mercury pollution and exposure in 2006:

  • Twenty-one states introduced legislation to related to mercury (thimerosal) in vaccines (CO, DE, FL, HI, IL, IA, KA, KY, ME, MD, MA, MI, NE, NJ, NC, PA, RI,TN, VT, WA, WI). VA has introduced legislation that requires study of the potential adverse effects of thimerosal in vaccines. DE HB 108 and WA SB 5305 have been passed

  • Fifteen states introduced legislation that addressed the sale and/or disposal of mercury found in other products such as: cars, toys, light bulbs, switches, thermostats and/or electronics: (AK, IN, IA, MD, MA, MI, MN, NJ, NC, PA, RI, VT, VA, WA, WI). AK HB 1027, IN HB 1110, ME LD 1058 MD SB 772, MN HB 3712, RI HB 7789 & HB 8220, VT HB 876, VA SB 88 and WA SB 5305(partially) have passed.

  • Thirteen states introduced legislation related to a reduction in mercury emissions from coal fired power plants and/or other industrial sources. (ID, IL, KA, ME,MD, MN, NH, NY, PA, TX, VA, WA, WV). ME LD 1058, MN HB 3712, MD HB 189, NH HB 1673, VA HB 1055 and WV HB 4135 have passed.

  • CT, FL, IL,and VT introduced legislation that would require the placement of warning labels on fish/shellfish. MA and VT legislation would require labeling or other notification of the presence of Hg in miscellaneous products (i.e. lamps). IL HR 1134 and VT HB 876 have been passed.

  • At least two states (MA, VT) introduce legislation that call for the regulation of mercury use by dentists.

  • NY, NC, OH, SC, WI legislation would prohibit the use mercury in schools.

  • CA, NY, NC legislation would require Hg to be included in water quality testing

  • CA legislation would address mercury emissions from cars. HI legislation would reduce/eliminate Hg contamination in fertilizers.

  • ID legislation would allow for the assessment of the extent of Hg contamination.

  • MN legislation would make human Hg levels reportable.

  • NM (HM 5) passed legislation that convenes a multidisciplinary task force charged with developing a comprehensive mercury reduction plan.

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