BILL NUMBER: SB 486	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Simitian

                        FEBRUARY 26, 2009

    An act to amend Section 118285 of the Health and Safety
Code,   An act to add Article 3.3 (commencing with
Section 47115) to Chapter 1 of Part 7 of Division 30 of, the Public
Resources Code,  relating to medical waste.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 486, as amended, Simitian. Medical waste: sharps waste. 
   The California Integrated Waste Management Act of 1989 requires a
city's or a county's household hazardous waste element to include a
program containing specified components for the safe collection,
treatment, and disposal of sharps waste generated by households. The
act requires the Integrated Waste Management Board, in consultation
with specified entities, to develop model programs for the collection
and proper disposal of drug waste.  
   This bill would require, on or before July 1, 2010, and annually
thereafter, a pharmaceutical manufacturer that sells or distributes
medication that is self-injected at home through the use of
hypodermic needles and other similar devices to submit to the board a
plan for the safe collection and destruction of home-generated
sharps waste containing specified elements. The bill would require
the manufacturer and the board to post and maintain the plan on their
respective Internet Web sites.  
   Existing law, the Medical Waste Management Act, administered by
the State Department of Public Health, regulates the management and
handling of medical waste, which includes, but is not limited to,
sharps waste. Existing law prescribes how sharps waste must be
containerized or stored.  
   This bill would make a technical, nonsubstantive change to
provisions relating to sharps waste. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SEC. 2.    Article 3.3 (commencing with Section
47115) is added to Chapter 1 of Part 7 of Division 30 of the 
 Public Resources Code   , to read:  

      Article 3.3.  Home-Generated Sharps Waste Collection


   47115.  A pharmaceutical manufacturer that sells or distributes a
medication in California that is self-injected at home through the
use of a hypodermic needle, pen needle, intravenous needle, or any
other similar device, shall, on or before July 1, 2010, and annually
thereafter, submit to the board a plan that describes how the
manufacturer supports the safe collection and destruction of the
home-generated sharps waste, as defined in Section 117671 of the
Health and Safety Code.
   47115.5.  The plan required pursuant to Section 47115 shall
include, at a minimum, a description of the actions taken by the
manufacturer to do all of the following:
   (a) Provide for the safe collection and destruction of the
home-generated sharps waste generated by its customers.
   (b) Educate consumers about safe management and collection
opportunities.
   (c) Support efforts by retailers, pharmaceutical distributors,
manufacturers of injection devices and other partners including local
governments, health care organizations, public health officers,
solid waste service providers and other groups with interest in
protecting public health and safety through the safe collection and
destruction of home-generated sharps waste.
   47116.  (a) The manufacturer shall post and maintain a copy of the
plan required pursuant to Section 47115 on its Internet Web site.
   (b) The board shall post and maintain copies of the plans
submitted by the manufacturers pursuant to Section 47115 on its
Internet Web site.  
  SECTION 1.    Section 118285 of the Health and
Safety Code is amended to read:
   118285.  To containerize sharps waste, a person shall do all of
the following:
   (a) Place all sharps waste into a sharps container.
   (b) Tape closed or tightly lid full sharps containers ready for
disposal to preclude the loss of contents.
   (c) Store sharps containers ready for disposal for not more than
30 days without the written approval of the enforcement agency.
   (d) Label sharps containers with the words "sharps waste" or with
the international biohazard symbol and the word "BIOHAZARD."