BILL ANALYSIS
SB 486
Page 1
Date of Hearing: June 16, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
SB 486 (Simitian) - As Amended: April 2, 2009
SENATE VOTE : 32-4
SUBJECT : Medical waste: sharps.
SUMMARY : Requires a pharmaceutical manufacturer that sells or
distributes a medication that is self-injected at home through
the use of a hypodermic needle, pen needle, intravenous needle,
or any other similar device to submit to the Integrated Waste
Management Board (IWMB) a plan that describes how the
manufacturer supports the safe collection and destruction of the
home-generated sharps waste.
1) Requires that the report be submitted annually after July 1,
2010.
2) Requires the plan to 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; and
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.
3) Requires the manufacturer to post and maintain a copy of the
plan on its Internet Web site.
4) Requires the IWMB to post and maintain copies of the plans
submitted by the manufacturers on its Internet Web site.
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EXISTING LAW:
1)Establishes the Medical Waste Management Act (MWMA)
(California Health and Safety Code, Sections 117600 et. seq.)
which governs the management of medical waste in all
jurisdictions of the state.
2)Establishes the Integrated Waste Management Act (IWMA) (Public
Resources Code 40000 et seq.) which does the following:
i) Authorizes local jurisdictions to include in the
Household Hazardous Waste Elements, a program for the
safe management of sharps waste.
ii) Requires the IWMB to develop model plans for the
management of waste drugs generated from households.
FISCAL EFFECT : Not known
COMMENTS :
According to the author, with the prohibition of the disposal of
sharps in the waste stream and no convenient, cost effective
method of management identified, it is time to take steps to
find a solution to the problem. The first step is to identify
what the companies that manufacturer the medicines that are
dispensed through a 'sharp' are doing to help their customers
address the disposal ban issue.
Nationally, there are more than 3 billion sharps generated
annually. Approximately 3% of the U.S. population self-injects;
this means approximately 8% of homes in the U.S. include people
who self-inject some type of medication. The need to keep the
growing number of sharps out of the municipal waste stream has
gained serious attention. Although illegal, most of these used
needles still end up in household trash and pose a significant
risk of injury and/or infection to children, custodial workers
and solid waste employees.
According to the US Environmental Protection Agency, the
improper management of discarded needles and other sharps can
pose a health risk to the public and waste workers. For
example, discarded needles may expose waste workers to potential
needle stick injuries and potential infection when containers
SB 486
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break open inside garbage trucks or needles are mistakenly sent
to recycling facilities. Janitors and housekeepers also risk
injury if loose sharps poke through plastic garbage bags. Used
needles can transmit serious diseases, such as HIV and
hepatitis.
REGISTERED SUPPORT / OPPOSITION :
Support
Alameda Alliance of Health
Alameda County Board of Supervisors
Alameda County Waste Management Authority
Amylin Pharmaceuticals
Arthritis Foundation
Berkeley United Pharmacy
Californians Against Waste
California Hepatitis C Task Force
California Labor Federation - AFL-CIO
California NeuroAlliance
California Nurses Association
California Narcotics Officers' Association
California Primary Care Association
California Product Stewardship Council
California Retailers Association
California Sharps Coalition
California State Association of Counties
California Teamsters
Central Contra Costa Solid Waste Authority
Genentech
HEPPAC
National MS Society
National MS Society - Northern California Chapter
Republic Services Inc.
Santa Clara County Board of Supervisors
San Francisco Recycling and Disposal
Sierra Club
UCLA- School of Nursing
UNITE HERE!
Waste Management
Opposition
Sanofi-aventis US
SB 486
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Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965