BILL ANALYSIS
SB 486
Page 1
SENATE THIRD READING
SB 486 (Simitian)
As Amended August 31, 2009
Majority vote
SENATE VOTE :32-4
ENVIRONMENTAL SAFETY 6-0
APPROPRIATIONS 13-4
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|Ayes:|Chesbro, Miller, Davis, |Ayes:|De Leon, Ammiano, Charles |
| |Feuer, Monning, Ruskin | |Calderson, Coto, Davis, |
| | | |Fuentes, Hall, Miller, |
| | | | John A. Perez, Skinner, |
| | | |Solorio, Torlakson, Hill |
| | | | |
|-----+--------------------------+-----+----------------------------|
| | |Nays:|Conway, Harkey, Nielsen, |
| | | |Audra Strickland |
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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 devices to submit to the Integrated Waste
Management Board (IWMB), or its successor agency, a plan that
describes how the manufacturer supports the safe collection and
destruction of home-generated sharps waste. Specifically, this
bill :
1)Requires that the pharmaceutical manufacture submit a sharps
management plan 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,
SB 486
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c) Support efforts by retailers, pharmaceutical
distributors, manufacturers of injection devices, 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.
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:
a) Authorizes local jurisdictions to include in the
Household Hazardous Waste Elements, a program for the safe
management of sharps waste; and,
b) Requires the IWMB to develop model plans for the
management of waste drugs generated from households.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill will result in annual costs of about
$150,000 to the IWMB to receive reports from manufacturers and
to post them on its Web site.
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.
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Nationally, there are more than three billion sharps generated
annually. Approximately 3% of the U.S. population self-injects;
which 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 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 U.S. 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
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.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0002660