BILL ANALYSIS �
SB 419
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2011-2012 Regular Session
BILL NO: SB 419
AUTHOR: Simitian
AMENDED: As Introduced
FISCAL: Yes HEARING DATE: March 21, 2011
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : HOME-GENERATED SHARPS: REPORTS
SUMMARY :
Existing law :
1) Under the Health and Safety Code:
a) Defines "home-generated sharps waste" to mean
hypodermic needles, pen needles, intravenous needles,
lancets, and other devices that are used to penetrate
the skin for the delivery of medications derived from a
household, including a multifamily residence or
household. (Health and Safety Code �117671).
b) Prohibits the disposal of home-generated sharps waste
in solid waste or recycling streams. (�118286).
c) Permits hospitals and other health facilities,
pharmacies, fire stations, and existing city and county
household hazardous waste programs to accept
home-generated sharps for disposal. (�118147).
2) Under the Integrated Waste Management Act of 1989:
a) Authorizes local jurisdictions to include in their
Household Hazardous Waste Elements, a program for the
safe management of sharps waste.
b) Requires pharmaceutical manufacturers that sell or
distribute a medication in California that is
self-injected at home through the use of a hypodermic
SB 419
Page 2
needle, pen needle, intravenous needle, or any other
similar device to submit to the Department of Resource
Recovery and Recycling (DRRR) a plan that describes what
actions, if any, the manufacturer supports for the safe
management of sharps waste, as defined in Health and
Safety Code �117671.
c) Requires that the report be submitted annually after
the initial date of July 1, 2010, and be posted on
DRRR's website as well as the manufacturer's website.
This bill requires pharmaceutical manufacturers to provide
their reports to DRRR electronically and make them readily
accessible on their websites.
COMMENTS :
1) Purpose of Bill . According to the author, this bill builds
upon his SB 486 (Chapter 591, Statutes of 2009). That bill
requires pharmaceutical manufacturers who sell medications
that are routinely injected at home to submit annual plans
to DRRR describing how they support and provide safe
sharps (e.g. syringes, pen needles) collection and disposal
programs.
This bill addresses implementation challenges learned after
the submission of the first round of reports required
pursuant to SB 486. Many reports were submitted in
hard-copy form that required time for DRRR staff to scan
and post them. Also, some stakeholders found it
challenging to find the manufacturer's report on their
websites.
Ensuring that these reports are readily available to sharps
users was a key goal of the initial legislation. Patients
who self-inject can use the information to identify and
evaluate what pharmaceutical companies are doing to assist
them in managing their sharps waste.
2) Background . 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
SB 419
Page 3
of medication. The need to keep the growing number of
sharps out of the municipal waste stream has gained serious
attention. California was one
of the forerunners in that policy shift with the passage of
SB 1305 (Figueroa) Chapter 64, Statutes of 2006. 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.
3) Status of the Issue . While disposal of sharps is illegal,
there is no statutory program in place to require the
management of sharps by manufacturers, pharmaceutical
companies, pharmacies, or others. The Health and Safety
Code allows for a streamlined oversight structure for those
that do wish to provide a safe disposal for sharps to their
customers or the general public, but there is no mandate
for them to do so. Some pharmacies and health care
providers have developed programs as a way to assist their
customers and have reported great success. Many local
governments also provide some level of service. However,
these programs do not compose an effective statewide
network to handle number of sharps generated. They are
also often funded through local governments, and with
budget issues, some are in danger of postponing service.
4) Related Legislation . SB 41 (Yee) among other things, would
amend the California Pharmacy Law to require pharmacies to
provide consumers with prescribed options for consumer
disposal of hypodermic needles and syringes. This bill is
currently in the Senate Health Committee.
SOURCE : Senator Simitian
SUPPORT : Alameda County Board of Supervisors
California Sharps Coalition
Clean Water Action
National Multiple Sclerosis Society
Waste Management, Inc.
OPPOSITION : None on file
SB 419
Page 4