Regards health care facilities and infection prevention textiles

hb863_00_IN

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 863

2025-2026

Representative Mathews, A.

To
enact section 3701.95 of the Revised Code
regarding
health care facilities and infection prevention textiles.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 3701.95 of the Revised Code be enacted to read as follows:

Sec.
3701.95.
(A)
As used in this section:

(1)
"Health care facility" means any of the following:

(a)
An ambulatory surgical facility, freestanding dialysis center,
freestanding inpatient rehabilitation facility, freestanding birthing
center, freestanding radiation therapy center, or freestanding or
mobile diagnostic imaging center licensed under section 3702.30 of
the Revised Code;

(b)
A maternity home licensed under Chapter 3711. of the Revised Code;

(c)
A hospice care program licensed under Chapter 3712. of the Revised
Code, but only when providing care and services other than in a home;

(d)
A pediatric respite care program licensed under Chapter 3712. of the
Revised Code;

(e)
A nursing home, residential care facility, or home for the aging
licensed under Chapter 3721. of the Revised Code;

(f)
A hospital licensed under Chapter 3722. of the Revised Code;

(g)
A hospital or inpatient unit licensed under section 5119.33 of the
Revised Code;

(h)
A residential facility licensed under section 5119.34 of the Revised
Code;

(i)
A residential facility licensed under section 5123.19 of the Revised
Code;

(j)
A nursing facility or skilled nursing facility, each as defined in
section 5165.01 of the Revised Code.

(2)
"Hygienically clean certified facility" means a facility
that processes one or more infection prevention textiles in a manner
that renders the textiles free of pathogens in sufficient numbers to
prevent human illness.

(3)
"Infection prevention textile" means a fabric-based item
that is designed, throughout its useful lifespan, to be laundered and
returned in a hygienically clean state to a health care facility for
reuse in order to safely and hygienically protect patients, health
care providers, and the medical environment by limiting the transfer
of microorganisms by blood or other bodily fluids. Such items may
include personal protective equipment like isolation gowns, hoods,
and boot covers; privacy curtains; sheets; pillow cases; bath
blankets; thermal blankets; bath towels; face cloths; hand towels;
patient gowns; shower curtains; incontinence pads; surgical drapes
and wraps; reinforced surgical gowns; scrub suits and warm-up
jackets; patient slings; mattress covers; cubical curtains with
antimicrobial properties; and other health care grade
ultra-microfiber products manufactured to meet federal centers for
disease control and prevention health care laundry guidelines.

(B)
Subject to division (C) of this section, with respect to a health
care facility's operating threshold of items maintained to protect
patients, health care professionals, and the medical environment from
the transfer of microorganisms by blood and other bodily fluids, at
least fifty per cent of that operating threshold shall consist of
reusable infection prevention textiles. The remainder of the
facility's operating threshold may consist of single-use or
disposable items that limit the transfer of microorganisms by blood
or other bodily fluids.

(C)
A health care facility's personnel may reuse infection prevention
textiles only if both of the following are the case:

(1)
Their reuse is consistent with guidance issued by the federal centers
for disease control and prevention.

(2)
After each use, the textiles are processed by a hygienically clean
certified facility and then returned to circulation at the health
care facility.

In
reusing infection prevention textiles under this section, each health
care facility shall regularly rotate its stock of infection
prevention textiles being used, returned to a laundry facility,
processed by a hygienically clean certified facility, and returned to
the health care facility for reuse.

(D)
The requirements of this section do not apply to a health care
facility if, on the facility's request, the department responsible
for licensing the facility determines that the facility has
successfully demonstrated that it is unable to satisfy the
requirements of this section solely as a result of one or more supply
chain disruptions beyond its control.

(E)(1)
Each health care facility shall maintain records demonstrating the
percentage of its operating threshold of infection prevention
textiles available for reuse and shall make such records available to
the department responsible for licensing the facility on the
department's request.

(2)
The departments of health, developmental disabilities, and behavioral
health shall each develop a procedure whereby individuals may report
violations of this section.