BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 419|
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THIRD READING
Bill No: SB 419
Author: Simitian (D)
Amended: As introduced
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 5-0, 03/21/11
AYES: Simitian, Strickland, Hancock, Kehoe, Lowenthal
NO VOTE RECORDED: Blakeslee, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Solid waste: home-generated sharps
SOURCE : Author
DIGEST : This bill requires pharmaceutical manufacturers
to provide their annual reports on disposal of sharps waste
to the Department of Resources Recycling and Recovery
(DRRR) electronically and make them readily available on
their websites.
ANALYSIS :
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
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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
needle, pen needle, intravenous needle, or any other
similar device to submit to 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.
Background . Nationally, there are more than 3 billion
sharps generated annually. Approximately three percent of
the U.S. population self-injects; this means approximately
eight percent 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. California was one of the
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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.
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.
Related Legislation . SB 41 (Yee) among other things,
amends the California Pharmacy Law to require pharmacies to
provide consumers with prescribed options for consumer
disposal of hypodermic needles and syringes. The bill is
currently in the Senate Health Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/7/11)
Alameda County Board of Supervisors
California Sharps Coalition
Clean Water Action
National Multiple Sclerosis Society Waste Management, Inc.
ARGUMENTS IN SUPPORT : According to the author, this bill
builds upon his SB 486 (Chapter 591, Statutes of 2009)
which requires pharmaceutical manufacturers who sell
medications that are routinely injected at home to submit
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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.
DLW:mw 4/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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