Sec. 1. 22 MRSA §1561-A is enacted to read:

§1561-A.__Latex gloves prohibited

1.__Prohibition; sale or use.__ Nonsterile latex gloves may not be sold, offered for sale or used in this State.__The sales and use of sterile latex gloves are subject to subsections 2 and 3.

2.__Sterile latex use.__Low-protein, nonpowder sterile latex gloves may be used in this State during surgical procedures only and only if:

A.__The benefits of using those gloves outweigh the risks of using them; and

B.__The patient, or a person authorized by law to give consent for the patient, consents to the use of those gloves.

3.__Sales of sterile latex gloves.__Sales of low-protein, nonpowder sterile latex gloves may be lawfully made only to health care facilities licensed under this Title, or their agents, or to licensed health care professionals who perform surgical procedures.

4.__Rulemaking.__The department shall adopt rules to implement this section.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill prohibits the sale and use of nonsterile latex gloves. The bill authorizes the sale of low-protein, nonpowder sterile latex gloves to licensed health facilities and medical personnel solely for use in surgical procedures and only if the benefits outweigh the risks and the patient, or person who may make medical decisions for the patient, consents.