Bill Text: CA AB2277 | 2017-2018 | Regular Session | Introduced
Bill Title: Solid waste facilities: home-generated pharmaceutical waste: incineration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-03-20 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2277 Detail]
Download: California-2017-AB2277-Introduced.html
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Assembly Bill | No. 2277 |
| Introduced by Assembly Member Mathis |
February 13, 2018 |
An act to amend Section 117700 of, to amend and renumber Section 117671 of, and to add Section 117667 to, the Health and Safety Code, and to add Chapter 1.5 (commencing with Section 47600) to Part 7 of Division 30 of the Public Resources Code, relating to home-generated pharmaceutical waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2277, as introduced, Mathis.
Solid waste facilities: home-generated pharmaceutical waste: incineration.
The Pharmacy Law provides for the licensure and regulation of pharmacists and pharmacy establishments by the California State Board of Pharmacy. Existing law required the Department of Resources Recycling and Recovery, pursuant to provisions repealed on January 1, 2013, to develop, in consultation with appropriate state, local, and federal agencies, model programs for the collection and proper disposal of drug waste. Under the Medical Waste Management Act, the State Department of Public Health regulates the management and handling of medical waste, as defined, including pharmaceutical waste. Existing law defines the term medical waste and excludes certain types of waste from that definition.
This bill would vest the Department of Resources Recycling and Recovery with the primary responsibility for the disposal of home-generated pharmaceutical
waste and, on or before January 1, 2020, would require the Department of Resources Recycling and Recovery, in collaboration with the State Department of Public Health, the Department of Toxic Substances Control, and the California State Board of Pharmacy, to adopt regulations authorizing the incineration of home-generated pharmaceutical waste by solid waste facilities, as specified.
This bill would define the term “home-generated pharmaceutical waste” for purposes of the Medical Waste Management Act and would specifically exclude, from the definition of medical waste and thus from coverage under the act, home-generated pharmaceutical waste.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 117667 is added to the Health and Safety Code, to read:117667.
“Home-generated pharmaceutical waste” means a prescription or over-the-counter human or veterinary pharmaceutical, including, but not limited to, a drug as defined in Section 109925 or in Section 321(g)(1) of Title 21 of the United States Code, that is a waste, as defined in Section 25124, derived from a household, including, but not limited to, a multifamily residence or household.SEC. 2.
Section 117671 of the Health and Safety Code is amended and renumbered to read:117671.117668.
“Home-generated sharps waste” means 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.SEC. 3.
Section 117700 of the Health and Safety Code is amended to read:117700.
Medical waste does not include any of the following:(a) Waste generated in food processing or biotechnology that does not contain an infectious agent, as defined in Section 117675, or an agent capable of causing an infection that is highly communicable, as defined in Section 117665.
(b) Waste generated in biotechnology that does not contain human blood or blood products or animal blood or blood products suspected of being contaminated with infectious agents known to be communicable to humans or a highly communicable disease.
(c) Urine, feces, saliva, sputum, nasal secretions, sweat, tears, or vomitus, unless it contains visible or recognizable fluid blood,
as provided in subparagraph (C) of paragraph (1) of subdivision (b) of Section 117690.
(d) Waste which
that is not biohazardous, such as paper towels, paper products, articles containing nonfluid blood, and other medical solid waste products commonly found in the facilities of medical waste generators.
(e) Hazardous waste, radioactive waste, or household waste, including, but not limited to, home-generated sharps waste, as defined in Section 117671. waste and home-generated pharmaceutical waste.
(f) Waste generated from normal and legal veterinarian, agricultural, and animal livestock management practices on a farm or ranch unless otherwise specified in law.
SEC. 4.
Chapter 1.5 (commencing with Section 47600) is added to Part 7 of Division 30 of the Public Resources Code, to read:CHAPTER 1.5. Home-generated Pharmaceutical Waste
47600.
For purposes of this chapter, the following definitions apply:(a) “Department” means Department of Resources Recycling and Recovery.
(b) “Home-generated pharmaceutical waste” has the same meaning as in Section 117667 of the Health and Safety Code.
47601.
The department shall be vested with the primary responsibility for the disposal of home-generated pharmaceutical waste.47602.
On or before January 1, 2020, the department, in collaboration with the State Department of Public Health, the Department of Toxic Substances Control, and the California State Board of Pharmacy, shall adopt regulations for the incineration of home-generated pharmaceutical waste by solid waste facilities. The regulations shall include at least all of the following:(a) An application process for a solid waste facility to apply to the department for authorization to incinerate home-generated pharmaceutical waste.
(b) A requirement for department authorization of individual solid waste facilities on a facility-by-facility basis, after considering the environmental impacts of incinerating home-generated
pharmaceutical waste by that solid waste facility. If authorization is granted, the department shall also specify the maximum amount of home-generated pharmaceutical waste that may be incinerated by the solid waste facility in an appropriate timeframe determined by the department.
(c) Reporting requirements for an authorized solid waste facility to report the department information that includes the amount of home-generated pharmaceutical waste incinerated by the solid waste facility.
