BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                AB 762
                                                                       

                      SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                        Senator S. Joseph Simitian, Chairman
                              2011-2012 Regular Session
                                           
           BILL NO:    AB 762
           AUTHOR:     Smyth
           AMENDED:    May 11, 2011
           FISCAL:     No                HEARING DATE:     June 27, 2011
           URGENCY:    No                CONSULTANT:       Caroll 
           Mortensen
            
           SUBJECT  :    MEDICAL WASTE

            SUMMARY  :    
           
            Existing law  :

           1) Requires that various types of medical waste be segregated 
              except in the case where it is to be treated with an 
              alternative technology using extremely high heat and 
              approved by the Department of Public Health (DPH) (Health 
              and Safety Code §118275).

           2) Allows for the incineration of various types of medical 
              waste (§118275).

           3) Provides that reusable containers may be used under 
              specified conditions (§§118295 and 118305).
            
            This bill  :  

           1) Authorizes various types of medical waste to be comingled 
              if it is to be treated by incineration.

           2) Permits the use of a reusable container for comingled 
              medical waste.

            COMMENTS  :

            1) Purpose of Bill  .  According to the author: "Senate Bill 
              (SB) 419?Chapter 477, statutes of 2004 ? allowĘs] 
              consolidation of the medical waste stream if it is sent for 
              high heat treatment of at least 1300 degrees Fahrenheit in 









                                                                AB 762
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              an alternative treatment technology.  ?high heat 
              alternative treatment technologies have not developed due 
              to high development costs and the inability to operate them 
              in a cost-efficient manner. ? Over time and with no 
              alternative high heat treatment being introduced, some 
              hospitals used the SB 419 provision incorrectly to 
              consolidate sharps and pharmaceutical wastes into a single 
              container and sending it for incineration."

            2) Amendment needed  . AB 762 should be amended to clarify that 
              the consolidation provisions only apply to sharps and 
              pharmaceuticals and not to other medical wastes such as 
              biohazards or pathology wastes.  

           SOURCE  :        California Hospital Association  

           SUPPORT  :       Association of California Health Care Districts
                          Kaiser Permanente
                          
            OPPOSITION  :    None on file