BILL ANALYSIS Ó
AB 333
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Date of Hearing: April 16, 2013
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 333 (Wieckowski) - As Amended: March 12, 2013
SUBJECT : Medical waste.
SUMMARY : Makes technical and conforming changes to the Medical
Waste Management Act (MWMA). Specifically, this bill :
1)Deletes the existing definition of "biohazard bag," and
instead replaces it with the definition in the Code of Federal
Regulations (CFR) Title 49: Part 173.197. Includes in the
definition the requirement that the color of the bag to be
red, except when other colors are used to further segregate
the waste stream. Requires, if additional colors are used
other than the standard red bag, the color assignments to be
designated in the facility's medical waste management plan.
2)Amends the definition of "medical waste management plan" to
specify that the document that is completed by generators of
medical waste describes how the medical waste generated at
their facility shall be segregated, handled, stored, packaged,
treated, or shipped for treatment, as applicable. Specifies
that the medical waste management plan is to be completed on
forms prepared by the enforcement agency, only if those forms
are provided by the enforcement agency.
3)Requires a solid waste transporter who discovers that he or
she has (unknowingly) hauled untreated medical waste to a
landfill or materials recovery facility to contact the
originating generator of the medical waste to respond to the
landfill or recovery facility to provide ultimate proper
disposal of the medical waste.
4)Clarifies that statutory requirements for treatment of animals
that die of infectious diseases includes those that are
euthanized because they are suspected of having been exposed
to infectious disease.
5)Makes other conforming changes to the MWMA.
EXISTING LAW :
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1)In federal law, sets requirements for specified packaging,
including that a film bag must be marked and certified by its
manufacturer as having passed the tests prescribed for tear
resistance in ASTM D 1922, "Standard Test Method for
Propagation Tear Resistance of Plastic Film and Thin Sheeting
by Pendulum Method" and for impact resistance in ASTM D 1709,
"Standard Test Methods for Impact Resistance of Plastic Film
by the Free-Falling Dart Method." Requires that the film bag
meet an impact resistance of 165 grams and a tearing
resistance of 480 grams in both the parallel and perpendicular
planes with respect to the length of the bag. (CFR, Title 49:
Part 173.197)
2)Establishes the MMWA to regulate the management of medical
waste. (Health and Safety Code (HSC) § 117600 et seq.) Under
the MWMA:
a) Requires the Department of Public Health (DPH) to adopt
regulations that will establish and ensure statewide
standards for uniformity in the implementation and
administration of the MWMA and that will promote waste
minimization and source reduction. (HSC § 117610)
b) Authorizes a local agency to implement a medical waste
management program by the adoption of an ordinance or
resolution by the local governing body. (HSC § 117800)
c) Requires any local agency that has elected to implement
a medical waste management program to maintain a program
that is consistent with MWMA statute and the regulations
adopted pursuant to MWMA statute. Authorizes, with the
approval of DPH, the local agency to administer or enforce
the MWMA. (HSC § 117815)
d) Defines "biohazard bag" as a disposable red bag that is
impervious to moisture and has the strength sufficient to
preclude ripping, tearing, or bursting under normal
conditions of usage and handling of the waste-filled bag.
Requires a biohazard bag to be constructed of material of
sufficient single thickness strength to pass the 165-gram
dropped dart impact resistance test as prescribed by
Standard D 1709-85 of the American Society for Testing and
Materials and certified by the bag manufacturer. (HSC §
117630)
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e) Defines "medical waste" as waste that meets both of the
following requirements:
(1) The waste is composed of waste that is generated or
produced as a result of any of the following actions:
diagnosis, treatment, or immunization of human beings or
animals; research pertaining to the activities above; the
production or testing of biological; the accumulation of
properly contained home-generated sharps waste that is
brought by a patient, a member of the patient's family,
or other specified person to an approved point of
consolidation; and, removal of a regulated waste from a
trauma scene by a trauma scene waste management
practitioner.
(2) The waste is either bio-hazardous waste or sharps
waste.
f) Defines "medical waste management plan" as a document
that is completed by generators of medical waste on forms
prepared by the enforcement agency. (HSC § 117710)
g) Requires that animals that die from infectious diseases
be treated in accordance with treatment standards as
described in the MWMA if, in the opinion of the attending
veterinarian or local health officer, the carcass presents
a danger of infection to humans. (HSC § 118240)
FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : According to supporters of the bill,
"Twenty-three years ago when the Medical Waste Management Act
was enacted, California became one of the first states in the
Nation setting statutory standards governing this waste stream.
During these intervening years, there have been many changes in
medical waste treatment, transportation oversight, and new
requirements by landfill and waste water treatment operators
regarding acceptance of portions of this waste stream. The
purpose of AB 333 is to update the Act. Since enactment of the
Medical Waste Management Act, the federal Department of
Transportation (DOT) has increased its regulatory oversight of
transportation of medical waste which preempts state law.
Similarly, the United States Postal Service (USPS) requirements
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for the mail back of medical waste also preempt state law. [AB
333] would repeal transportation requirements from the Medical
Waste Management Act in favor of the preemptive DOT and USPS
standards."
Medical waste: Medical waste is waste materials generated at
health care facilities, such as hospitals, clinics, physician's
offices, dental practices, blood banks, and veterinary
hospitals/clinics, as well as medical research facilities and
laboratories. Medical waste can contain pathogens, blood, low
levels of radioactivity, discarded needles, syringes, scalpels,
expired drugs and vaccines, which can pose a hidden risk of
infection, radioactivity exposure and needle-stick injuries.
Management of medical waste in California: According to the
DPH, in order to protect the public and the environment from
potentially infectious disease causing agents, the Medical Waste
Management Program (MWMP) in the Environmental Management Branch
in the DPH regulates the generation, handling, storage,
treatment, and disposal of medical waste by providing oversight
for the implementation of the MWMA. The MWMP permits and
inspects all medical waste offsite treatment facilities and
medical waste transfer stations. Additionally, the MWMP acts as
the local enforcement agency in a number of local jurisdictions
that elected to have the State implement the quantity generator
inspection program for medical waste management.
This bill is intended to update the MWMA to ensure consistency
with federal law, and to reflect current medical waste
practices.
Recent related bills :
AB 1442 (Wieckowski) Chapter 689, Statutes of 2012, authorized
the transportation of pharmaceutical waste by a common carrier.
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REGISTERED SUPPORT / OPPOSITION :
Support
Stericycle
Opposition
None received.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965