BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           26 (Simitian)
          
          Hearing Date:  05/28/2009           Amended: 4/15/2009
          Consultant:  Brendan McCarthy   Policy Vote: BP&ED 8-1, EQ 7-0














































          SB 26 (Simitian)
          Page 2


          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 26 defines home generated pharmaceutical waste  
          and exempts such waste from existing regulatory requirements for  
          the handling of medical waste. The bill authorizes pharmacies  
          and other facilities to collect home generated pharmaceutical  
          waste, under specified conditions.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           Board of Pharmacy      $91        $160        $160      Special  
          *
          coordination                                                

          Dept. of Public Health $189       $185        $185      General
          oversight              

          * Pharmacy Board Contingent Fund
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: Suspense file. 
          
          Under current law, home generated pharmaceutical waste (i.e.  
          unused medication) is managed as medical waste, and therefore is  
          subject to strict requirements on the handling and disposal of  
          such waste. On the other hand, current law allows designated  
          facilities, such as hospitals and other healthcare facilities,  
          to accept "sharps" (hypodermic needles, lancets, etc.), without  
          the same handling regulations as medical waste. 

          SB 26 defines home generated pharmaceutical waste as prescribed  
          and over-the-counter drugs derived from a household. The bill  
          excludes home generated pharmaceutical waste from the current  
          definition of medical waste.

          The bill requires the Board of Pharmacy to coordinate with other  
          state agencies, local governments, drug manufacturers, and  
          pharmacies to develop policies to manage home generated  
          pharmaceutical waste.

          The bill authorizes pharmacies, health care facilities, clinics,  
          household hazardous waste programs, nursing homes, and  







          SB 26 (Simitian)
          Page 2


          government facilities to accept home generated pharmaceutical  
          waste from the public. The bill establishes requirements for the  
          management of home generated pharmaceutical waste, including  
          authorizing the Department of Public Health to approve locations  
          for the collection of home generated pharmaceutical waste. The  
          bill specifies criteria for the storage and transportation of  
          these wastes. The bill also requires the tracking of specified  
          wastes. 
          Additionally, the bill authorizes, but does not require, the  
          California Integrated Waste Management Board to make grants to  
          local governments for the management of home generated  
          pharmaceutical waste and sharps waste.

          The bill excludes collection points for home generated  
          pharmaceutical waste from existing permit or fee requirements.