BILL NUMBER: SB 486	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 1, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY   Senator Simitian
    (   Coauthor:   Assembly Member  
Chesbro   ) 

                        FEBRUARY 26, 2009

   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  
proper disposal  of  home-generated sharps 
waste  devices  containing specified elements. The bill
would require the manufacturer and the board to post and maintain the
plan on their respective Internet Web sites.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SEC. 2.   SECTION 1.   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  usually intended to be 
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. 
 annually thereafter, submit a plan to the board. The plan shall
  describe what actions, if any, the manufacturer is
undertaking to support the safe collection and proper disposal of the
devices with respect to those medications that are not covered under
Medicare Part B. 
   47115.5.  The plan required pursuant to Section 47115 shall
include, at a minimum, a description of the actions  , if any,
 taken by the manufacturer to do  all of  the
following:
   (a) Provide for the safe collection and  destruction
  proper disposal  of the  home-generated
sharps waste generated by its customers.   waste devices
specified in Section 47115. 
   (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.   collection and proper
disposal of waste devices specified in Section 47115. 
   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.