Legislative Update: Part 1

Latex allergy is gaining more attention at the state and federal level and this year has seen some exciting new legislation and research. This will be a two-part article. The first section is an update on recent developments in state legislation. Join me again in two weeks for an update on the latest research studies.

ARIZONA The Arizona Department of Health Services has updated the requirements for food safety in restaurants and other food service establishments for the first time in 25 years. One of the new rules is that food service workers must wear non-latex gloves when preparing food. This will go into effect on October 3, 2001.

MAINE A bill has been passed in Maine which prohibits health care facilities from using powdered latex gloves. This means the gloves cannot be provided by the facility or even allowed in the building. Healthcare organizations affected include: hospitals, psychiatric hospitals, nursing facilities, kidney disease treatment centers including free-standing hemodialysis centers, rehabilitation facilities, ambulatory surgical facilities, independent radiologic service centers, independent cardiac catheterization centers, cancer treatment centers, and private physician and dentist offices, whether in individual or group practice. Any facility found noncompliant can be fined up to $500. (Note: this bill still allows powder-free latex gloves to be used, but it’s a step in the right direction. The Maine Nurses Association is encouraging legislation that would ban all latex gloves.)

MASSACHUSETTS The General Laws of Massachusetts have been amended by the State Senate and House of Representatives to prohibit latex gloves in any food establishment. This includes businesses that manufacture and store food, as well as those that sell it. Any business found noncompliant can be fined up to $100 for each violation.

NEW YORK The public health law has been amended by the State Senate and House of Representatives to require any food service establishment that uses latex gloves to provide written notice to patrons that states: “Latex gloves are used by staff in the preparation and conveyance of food in this establishment. If you are allergic to latex products, please take appropriate action.” (Note: Unfortunately this bill does not ban the use of latex gloves in food preparation, but again, it’s a step in the right direction. Latex allergy is being recognized at the state level.)

OREGON The Oregon Legislative Assembly has passed a bill that “requires health care facilities to use non-latex products, to provide workers with information and diagnostic services for ailments related to the use of latex, and prohibits use of powdered latex products in health care facilities.” This includes not only all health care and dental facilities, but also home health agencies.

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