BILL ANALYSIS Ó
AB 1442
Page 1
Date of Hearing: April 18, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1442 (Wieckowski) - As Amended: March 27, 2012
Policy Committee: Environmental
Safety and Toxic Materials Vote: 8-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill authorizes a pharmaceutical waste hauling exemption
that allows pharmaceutical waste to be transported according to
requirements that are less stringent than those applicable to
medical waste. Specifically, this bill:
1)Defines pharmaceutical waste as any pharmaceutical that may no
longer be sold or dispensed as a drug.
2)Creates new documentation requirements of medical waste
generators who use a common carrier to transport
pharmaceutical waste offsite for treatment and disposal.
3)Authorizes a medical waste generator to apply for an exemption
from medical waste requirements so as to allow pharmaceutical
waste to be transported by a common carrier.
FISCAL EFFECT
1)Annual special fund costs of approximately $280,000
(equivalent to three positions) in 2012-13 through 2014-15 to
the Department of Public Health-the state agency that enforces
medical waste transport-to coordinate with stakeholders
statewide, oversee rulemaking process and develop regulations.
2)Annual special fund costs of approximately $159,000
(equivalent to two positions) to the department to review
exemption requests and ensure compliance with documentation
requirements.
AB 1442
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COMMENTS
1)Rationale . The author notes that new pharmaceuticals, as well
as unused pharmaceuticals, may be shipped by standard common
carrier transport. The author further notes that current law
classifies pharmaceutical waste, such as expired or otherwise
unusable medications, as medical waste, which generally must
be treated, for transport purposes, as hazardous waste. The
author contends this stringent shipping requirement creates
costs for hospitals, pharmacies and other medical facilities
without increasing public health or safety.
2)Background . The California Medical Waste Management Act
defines certain types of waste comprised of pharmaceuticals a
biohazardous waste, which must be handled and transported as a
hazardous waste, consistent with the California Hazardous
Substances Act (CHSA). According to the Department of Toxic
Substance Control, the state agency charged with implementing
the CHSA, hazardous waste can be transported only by a
registered hazardous waste hauler and compliant with stringent
handling requirements. According to DPH, which enforces
requirements on the transport of medical waste, there are
nearly 11,000 entities in 28 counties that could apply for the
exemption to medical waste transport requirement provided by
this bill.
3)Support . This bill is supported by EXP Pharmaceutical
Services (sponsor), the California Product Stewardship Council
and several other organizations.
4)There is no formal opposition registered to this bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081