BILL NUMBER: SB 1305 CHAPTERED
BILL TEXT
CHAPTER 64
FILED WITH SECRETARY OF STATE JULY 12, 2006
APPROVED BY GOVERNOR JULY 12, 2006
PASSED THE ASSEMBLY JUNE 26, 2006
PASSED THE SENATE MAY 11, 2006
AMENDED IN SENATE MAY 1, 2006
AMENDED IN SENATE MARCH 29, 2006
AMENDED IN SENATE MARCH 20, 2006
INTRODUCED BY Senator Figueroa
FEBRUARY 16, 2006
An act to amend Section 117700 of, and to add Sections 117671 and
118286 to, the Health and Safety Code, relating to medical waste.
LEGISLATIVE COUNSEL'S DIGEST
SB 1305, Figueroa The Medical Waste Management Act.
The existing Medical Waste Management Act, administered by the
State Department of Health Services, regulates the management and
handling of medical waste, as defined. Under existing law, certain
items, such as household waste, are specifically excluded from the
definition of medical waste.
This bill would also exclude home-generated sharps waste, as
defined, from the definition of medical waste.
Existing law permits a registered medical waste generator, if
specified conditions are met, to accept home-generated sharps waste
to be consolidated with the facility's medical waste stream.
Existing law also permits a household hazardous waste collection
facility, if specified conditions are met, to operate a
home-generated sharps consolidation point, and permits the department
to approve other home-generated sharps consolidation points.
This bill would specifically define home-generated sharps waste.
This bill would, on or after September 1, 2008, prohibit a person
from knowingly placing home-generated sharps waste in certain types
of containers, provide that home-generated sharps waste shall be
transported only in a sharps container, as defined in the act, or
other container approved by the department or local enforcement
agency, and provide that this waste shall only be managed at
specified locations consistent with existing law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The development of a safe, convenient, and cost-effective
infrastructure for the collection of millions of home-generated
sharps, and the public education programs to promote safe disposal of
these sharps, will require a cooperative effort by the State
Department of Health Services, the California Integrated Waste
Management Board, local governments, large employers, dispensing
pharmacies, as well as health care, solid waste, pharmaceutical
industries, and manufacturers of sharps.
(b) Since mail-back programs utilizing containers that have been
approved by the United States Postal Service offer one of the most
convenient alternatives for the collection and destruction of
home-generated sharps, local government and private sector
stakeholders are encouraged to implement mail-back programs and to
promote their use prior to September 1, 2008.
(c) Local governments, the California Integrated Waste Management
Board, the State Department of Health Services, solid waste service
providers, and manufacturers and dispensers of sharps are further
encouraged to include information on their Web sites, and other
public materials, that identify locations that accept home-generated
sharps and provide information about available mail-back programs.
(d) It is the intent of the Legislature that the California
Integrated Waste Management Board and the State Department of Health
Services, to the extent resources are available, continue to monitor
the state's progress in developing the infrastructure for the
collection of home-generated sharps and inform the appropriate policy
committees of any need for subsequent legislation to achieve the
purposes of this act.
SEC. 2. Section 117671 is added to the Health and Safety Code, to
read:
117671. "Home-generated sharps waste" means hypodermic needles,
pen needles, intravenous needles, lancets, and other devices that are
used to penetrate the skin for the delivery of medications derived
from a household, including a multifamily residence or household.
SEC. 3. Section 117700 of the Health and Safety Code is amended to
read:
117700. Medical waste does not include any of the following:
(a) Waste generated in food processing or biotechnology that does
not contain an infectious agent as defined in Section 117675.
(b) Waste generated in biotechnology that does not contain human
blood or blood products or animal blood or blood products suspected
of being contaminated with infectious agents known to be communicable
to humans.
(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears,
or vomitus, unless it contains fluid blood, as provided in
subdivision (d) of Section 117635.
(d) Waste which is not biohazardous, such as paper towels, paper
products, articles containing nonfluid blood, and other medical solid
waste products commonly found in the facilities of medical waste
generators.
(e) Hazardous waste, radioactive waste, or household waste,
including, but not limited to, home-generated sharps waste, as
defined in Section 117671.
(f) Waste generated from normal and legal veterinarian,
agricultural, and animal livestock management practices on a farm or
ranch.
SEC. 4. Section 118286 is added to the Health and Safety Code, to
read:
118286. (a) On or after September 1, 2008, no person shall
knowingly place home-generated sharps waste in any of the following
containers:
(1) Any container used for the collection of solid waste,
recyclable materials, or greenwaste.
(2) Any container used for the commercial collection of solid
waste or recyclable materials from business establishments.
(3) Any roll-off container used for the collection of solid waste,
construction, and demolition debris, greenwaste, or other recyclable
materials.
(b) On or after September 1, 2008, home-generated sharps waste
shall be transported only in a sharps container, or other containers
approved by the enforcement agency, and shall only be managed at any
of the following:
(1) A household hazardous waste facility pursuant to Section
25218.13.
(2) A "home-generated sharps consolidation point" as defined in
subdivision (b) of Section 117904.
(3) A medical waste generator's facility pursuant to Section
118147.
(4) A facility through the use of a medical waste mail-back
container approved by the department pursuant to subdivision (b) of
Section 118245.