BILL NUMBER: AB 762	CHAPTERED
	BILL TEXT

	CHAPTER  222
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2011
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2011
	PASSED THE SENATE  JULY 14, 2011
	PASSED THE ASSEMBLY  AUGUST 15, 2011
	AMENDED IN SENATE  JULY 7, 2011
	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 17, 2011

   An act to amend Section 118275 of the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 762, Smyth. Public health: medical waste.
   Existing law establishes various programs for the prevention of
disease and the promotion of health to be administered by the State
Department of Public Health, including, but not limited to,
administration of the Medical Waste Management Act relating to the
regulation of medical waste, including, but not limited to,
provisions related to the treatment, containment, and storage of
medical waste.
   The act authorizes the consolidation into a common container
specified medical waste, biohazardous waste, and sharps waste, if the
consolidated waste is treated by an approved extremely high heat
technology, as specified. The act requires the container to be
labeled with the biohazardous waste symbol and the words "HIGH HEAT
ONLY" or other label approved by the department.
   This bill would authorize the reuse of a common container for
specified wastes and would require the consolidated waste to be
treated by either incineration at a permitted medical waste treatment
facility or with an alternative technology, as specified. This bill
would, in relation to the label requirement, authorize the use of the
word "INCINERATION" in addition to the words "HIGH HEAT ONLY" or
other label approved by the department.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 118275 of the Health and Safety Code is amended
to read:
   118275.  To containerize or store medical waste, a person shall do
all of the following:
   (a) Medical waste shall be contained separately from other waste
at the point of origin in the producing facility. Sharps containers
may be placed in biohazard bags or in containers with biohazard bags.

   (b) Biohazardous waste, except biohazardous waste as defined in
subdivision (g) of Section 117635, shall be placed in a red biohazard
bag conspicuously labeled with the words "Biohazardous Waste" or
with the international biohazard symbol and the word "BIOHAZARD."
   (c) Sharps waste shall be contained in a sharps container pursuant
to Section 118285.
   (d) (1) Biohazardous waste, which meets the conditions of
subdivision (f) of Section 117635 because it is contaminated through
contact with, or having previously contained, chemotherapeutic
agents, shall be segregated for storage, and, when placed in a
secondary container, that container shall be labeled with the words
"Chemotherapy Waste," "CHEMO," or other label approved by the
department on the lid and on the sides, so as to be visible from any
lateral direction, to ensure treatment of the biohazardous waste
pursuant to Section 118222.
   (2) Biohazardous waste, which meets the conditions of subdivision
(f) of Section 117635 because it is comprised of human surgery
specimens or tissues which have been fixed in formaldehyde or other
fixatives, shall be segregated for storage and, when placed in a
secondary container, that container shall be labeled with the words
"Pathology Waste," "PATH," or other label approved by the department
on the lid and on the sides, so as to be visible from any lateral
direction, to ensure treatment of the biohazardous waste pursuant to
Section 118222.
   (e) Sharps waste, which meets the conditions of subdivision (f) of
Section 117635, shall be placed in sharps containers labeled in
accordance with the industry standard with the words "Chemotherapy
Waste," "CHEMO," or other label approved by the department, and
segregated to ensure treatment of the sharps waste pursuant to
Section 118222.
   (f) Biohazardous waste, which are recognizable human anatomical
parts, as specified in Section 118220, shall be segregated for
storage and, when placed in a secondary container for treatment as
pathology waste, that container shall be labeled with the words
"Pathology Waste," "PATH," or other label approved by the department
on the lid and on the sides, so as to be visible from any lateral
direction, to ensure treatment of the biohazardous waste pursuant to
Section 118222.
   (g) Biohazardous waste, which meets the conditions specified in
subdivision (g) of Section 117635, shall be segregated for storage
and, when placed in a container or secondary container, that
container shall be labeled with the words "INCINERATION ONLY" or
other label approved by the department on the lid and on the sides,
so as to be visible from any lateral direction, to ensure treatment
of the biohazardous waste pursuant to Section 118222.
   (h) A person may consolidate into a common container, which may be
reusable, sharps waste, as defined in Section 117755, and
pharmaceutical wastes, as defined in Section 117747, provided that
the consolidated waste is treated pursuant to paragraph (1) of
subdivision (a) of Section 118215 and the container meets the
requirements of Section 118285. The container shall be labeled with
the biohazardous waste symbol and the words "HIGH HEAT ONLY,"
"INCINERATION," or other label approved by the department on the lid
and on the sides, so as to be visible from any lateral direction, to
ensure treatment of the biohazardous waste pursuant to this
subdivision.