BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 762|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: AB 762
Author: Smyth (R)
Amended: 7/7/11 in Senate
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 6/27/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
ASSEMBLY FLOOR : 78-0, 5/19/11 (Consent) - See last page
for vote
SUBJECT : Medical waste
SOURCE : California Hospital Association
DIGEST : This bill authorizes the reuse of medical sharps
and pharmaceutical wastes common containers and requires
the consolidated waste to be treated by either incineration
at a permitted medical waste treatment facility or with an
alternative technology, as specified. This bill also, in
relation to the label requirement, authorizes the use of
the word "INCINERATION" in addition to the words "HIGH HEAT
ONLY" or other label approved by the department.
ANALYSIS : Existing law establishes various programs for
the prevention of disease and the promotion of health to be
administered by the Department of Public Health (DPH),
including, but not limited to, administration of the
Medical Waste Management Act (MWMA) relating to the
CONTINUED
AB 762
Page
2
regulation of medical waste, including, but not limited to,
provisions related to the treatment, containment, and
storage of medical waste. The MWMA authorizes the
consolidation into a common container specified medical
waste, biohazardous waste, and sharps waste, if the
consolidated waste is treated by an approved extremely high
heat technology, as specified. The MWMA requires the
container to be labeled with the biohazardous waste symbol
and the words "HIGH HEAT ONLY" or other label approved by
the department.
Comments
Purpose of this bill . According to the author's office,
from a scientific and operational standpoint, the
consolidation of sharps and certain pharmaceutical wastes
into a single reusable container for treatment in a medical
waste incinerator provides several advantages. First,
treating sharps waste by incineration is better for the
environment and worker safety at the treatment plant than
allowing the unused residual pharmaceuticals in the sharps
to be aerosolized by autoclave treatment. The author's
office states that additionally, waste water treatment
authorities no longer want pharmaceutical wastes to go into
their sewers either through direct discharge or via
leachate from landfills or waste condensation from
autoclaves and that landfill operations do not want
pharmaceutical leachate from autoclave treated sharps. The
author's office contends that this bill will also reduce
plastics going into the waste streams by requiring that
reusable containers be used. Finally, the author's office
states that this bill will rectify current problems that
are causing DPH and local enforcement agencies of the MWMA
to cite hospitals for incorrectly using the provisions
existing law.
The California Hospital Association (CHA) states that one
of the main threats to California's streams and other
waterways is contamination from pharmaceutics, which occurs
through leachate from landfills or waste condensation from
autoclaves. CHA states that treating those wastes in one
common container, which may be reusable, is better for the
environment and for hospital workers. The Association of
California Health Care Districts writes that this bill
AB 762
Page
3
provides overdue clarity to the appropriate handling of
medical waste, while affording appropriate safety for
medical personnel as well as protecting the environment.
Catholic Healthcare West writes that this bill will reduce
the amount of time spent deciding the appropriate
segregation option at the point of waste generation,
especially where care is rendered and the risk of
occupational exposure and error by providing a direct,
accessible single container at the point of generation will
be reduced. Kaiser Permanente writes that this bill will
encourage health care organizations to put medical waste in
reusable containers and reduce health care worker confusion
over how to safely and legally dispose of medical waste.
NOTE: This bill was amended in the Senate to clarify that
the consolidation provisions only apply to sharps and
pharmaceuticals and not to other medical wastes such as
biohazards or pathology wastes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/7/22)
California Hospital Association (source)
Association of California Health Care Districts
Catholic Healthcare West
Kaiser Permanente
ASSEMBLY FLOOR : 78-0, 5/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
AB 762
Page
4
John A. P�rez
NO VOTE RECORDED: Alejo, Gorell
DLW:kc 7/7/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****