BILL ANALYSIS �
SB 419
Page 1
SENATE THIRD READING
SB 419 (Simitian)
As Introduced February 16, 2011
Majority vote
SENATE VOTE :32-8
ENVIRONMENTAL SAFETY 9-0APPROPRIATIONS 16-0
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|Ayes:|Wieckowski, Miller, |Ayes:|Fuentes, Harkey, |
| |Campos, Chesbro, Davis, | |Blumenfield, Bradford, |
| |Feuer, | |Charles Calderon, Campos, |
| |Bonnie Lowenthal, | |Davis, Donnelly, |
| |Morrell, Valadao | |Dickinson, Hall, Hill, |
| | | |Lara, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : This bill requires pharmaceutical manufacturers to
provide their existing safe home-generated sharps management
plans to the Department of Resource Recovery and Recycling
(DRRR) electronically and requires the manufacture to make them
readily accessible on their Web sites.
EXISTING LAW :
1)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.
2)Prohibits the disposal of home-generated sharps waste in solid
waste or recycling streams.
3)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.
SB 419
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4)Requires that the safe management plan be submitted annually
after the initial date of July 1, 2010, and be posted on
DRRR's Web site as well as the manufacturer's Web site.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would result in minor, absorbable costs, if
any, to DRRR.
COMMENTS :
Need for the bill : According to the author, "although it is
illegal to throw sharps into the trash, many people are unaware
and continue to illegally dispose of their sharps. In
California, approximately 1 in 12 households have someone who
must self-inject to treat diabetes, cancer, hepatitis B & C,
arthritis, multiple sclerosis, hemophilia, infertility, serious
allergies or other medical conditions generating approximately
389 million sharps annually. Improper disposal poses a
significant risk of injury and/or infection to children, hotel
workers, janitors and solid waste employees as well as making
almost one million Californians in violation of current law."
Medical sharps : An estimated one million Californians inject
medications outside traditional health care facilities, which
generate approximately 389 million sharps each year. The
numbers of patients using injectable medications will continue
to grow because it is an effective delivery method. The most
common home use of sharps is to manage diabetes. Other reasons
to home-inject include multiple sclerosis, infertility,
migraines, allergies, hemophilia and medications for pets.
California was one of the first states to address the problems
of sharps with the passage of SB 1305 (Figueroa), Chapter 64,
Statutes of 2006 to prohibit the disposal of medical sharps in
California's landfills. 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.
This bill expands on SB 486 (Simitian), Chapter 591, Statutes of
2009. SB 486 required 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 collection and disposal programs.
SB 419
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Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0002521