SENIOR ASSEMBLY PROPOSAL NO. 38
INTRODUCED BY SENIOR ASSEMBLY MEMBERS WALKER AND KIRWIN
LEGISLATIVE COUNSEL'S DIGEST
AP 38: MEDICAL WASTER DISPOSAL: HOME-GENERATED SHARPS WASTE
EXISTING LAW REQUIRES A PHARMACEUTICAL MANUFACTURER THAT SELLS OR DISTRIBUTES MEDICATION THAT IS SELF-INJECTED AT HOME THROUGH THE USE OF HYPODERMIC NEEDLES OR OTHER SIMILAR DEVICES TO SUBMIT TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY A PLAN DESCRIBING HOW THE MANUFACTURER SUPPORTS THE SAFE COLLECTION AND PROPER DISPOSAL OF THE WASTE DEVICES. EXISTING LAW PROHIBITS THE DISPOSAL OF HOME-GENERATED SHARPS WASTE IN CONTAINERS USED FOR THE COLLECTION OF SOLID WASTE, RECYCLABLE MATERIALS, OR GREEN WASTE. EXISTING LAW REQUIRES HOME-GENERATED SHARPS WASTE TO BE TRANSPORTED IN SHARPS OR OTHER APPROVED CONTAINERS AND MANAGED IN A HOUSEHOLD HAZARDOUS WASTE FACILITY, A HOME-GENERATED SHARPS CONSOLIDATION POINT, A MEDICAL WASTE GENERATOR’S FACILITY, OR A FACILITY THROUGH THE USE OF A MEDICAL WASTE MAIL-BACK CONTAINER APPROVED BY THE STATE DEPARTMENT OF PUBLIC HEALTH.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE PHARMACEUTICAL INDUSTRIES, DISPENSING PHARMACIES, AND MANUFACTURERS OF SHARPS TO PROVIDE AN APPROVED SHARPS DISPOSAL CONTAINER WITH PRODUCTS REQUIRING THE USE OF HYPODERMIC NEEDLES OR OTHER SIMILAR DEVICES. THE MEASURE WOULD REQUIRE CITY AND COUNTY GOVERNMENTS TO DEVELOP A SHARPS COLLECTION AND DISPOSAL PLAN THAT IS APPROVED BY THE STATE DEPARTMENT OF PUBLIC HEALTH AND THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY, AND TO HAVE SUFFICIENT COLLECTION AND DISPOSAL SITES WITHIN THEIR JURISDICTIONS.
VOTE: MAJORITY.
AP 38: RELATING TO MEDICAL WASTE DISPOSAL
WHEREAS, IN CHAPTER 64 OF THE STATUTES OF 2006, THE LEGISLATURE FOUND AND DECLARED THAT THE DEVELOPMENT OF A SAFE, CONVENIENT, AND COST-EFFECTIVE INFRASTRUCTURE FOR THE COLLECTION OF MILLIONS OF HOME-GENERATED SHARPS, AND THE PUBLIC EDUCATION PROGRAMS TO PROMOTE SAFE DISPOSAL OF THESE SHARPS WILL REQUIRE A COOPERATIVE EFFORT BY THE THEN-EXISTING STATE DEPARTMENT OF HEALTH SERVICES, NOW KNOWN AS THE STATE DEPARTMENT OF PUBLIC HEALTH, THE THEN-EXISTING CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD, NOW KNOWN AS THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY, LOCAL GOVERNMENTS, LARGE EMPLOYERS, DISPENSING PHARMACIES, AS WELL AS HEALTH CARE CLINICS, SOLID WASTE, AND PHARMACEUTICAL INDUSTRIES, AND MANUFACTURERS OF SHARPS; AND
WHEREAS, SECTION 117671 OF THE HEALTH AND SAFETY CODE 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; AND
WHEREAS, CHAPTER 591 OF THE STATUTES OF 2009 REQUIRES A PHARMACEUTICAL MANUFACTURER THAT SELLS OR DISTRIBUTES MEDICATION IN CALIFORNIA THAT IS INTENDED TO BE SELF-INJECTED AT HOME THROUGH THE USE OF HYPODERMIC NEEDLES OR OTHER SIMILAR DEVICES TO SUBMIT TO THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY A PLAN DESCRIBING HOW THE MANUFACTURER SUPPORTS THE SAFE COLLECTION AND PROPER DISPOSAL OF THE WASTE DEVICES; AND
WHEREAS, NOT ALL DISPENSING PHARMACIES, PHARMACEUTICAL INDUSTRIES, AND MANUFACTURERS OF SHARPS HAVE DONE ALL THEY CAN TO ENSURE PROPER DISPOSAL OF SHARPS WASTE, BY PROVIDING DISPOSAL CONTAINERS THAT CAN BE COLLECTED AND BE PROPERLY DISPOSED OF BY A CITY OR COUNTY, OR BY ESTABLISHING MAIL-BACK SYSTEMS, OR TO EDUCATE THE PUBLIC BY PROVIDING EDUCATIONAL AND INSTRUCTIONAL MATERIALS, THEREBY FAILING TO DO ALL THEY COULD TO HELP PROTECT SENIORS, MEDICAL PROFESSIONAL WORKERS, FIREFIGHTERS, POLICE, WASTE COLLECTION WORKERS, CHILDREN, AND THE GENERAL PUBLIC FROM CONTAMINATION CAUSED BY THE DISPENSING, USE, OR DISPOSAL OF THEIR PRODUCTS; AND
WHEREAS, NOT ALL CITIES AND COUNTIES HAVE PROVIDED ENOUGH COLLECTION DROPOFF OR DISPOSAL SITES, WITH SOME FAILING TO PROVIDE ANY SITE WITHIN THEIR JURISDICTIONS; NOW, THEREFORE, BE IT
RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE PHARMACEUTICAL INDUSTRIES, DISPENSING PHARMACIES, AND MANUFACTURERS OF SHARPS BE REQUIRED TO PROVIDE APPROVED SHARPS DISPOSAL CONTAINERS WITH PRODUCTS REQUIRING SELF-INJECTION OF MEDICATION OR LANCET SELF-TESTING OR ANY OTHER DEVICES THAT ARE USED TO PUNCTURE THE SKIN TO ENSURE PROPER DISPOSAL OF SHARPS AT THE TIME OF SALE OF THOSE PRODUCTS, LANCETS, OR OTHER DEVICES; AND BE IT
FURTHER RESOLVED, THAT ALL CITY AND COUNTY GOVERNMENTS BE REQUIRED TO DEVELOP A SHARPS COLLECTION AND DISPOSAL PLAN THAT IS APPROVED BY THE STATE DEPARTMENT OF PUBLIC HEALTH AND THE DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY, AND TO HAVE SUFFICIENT COLLECTION AND DISPOSAL SITES WITHIN THEIR JURISDICTIONS; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
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