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AB-1419 Medical waste: pharmaceuticals.(2019-2020)

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Date Published: 03/28/2019 09:00 PM
AB1419:v98#DOCUMENT

Amended  IN  Assembly  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1419


Introduced by Assembly Member Kamlager-Dove

February 22, 2019


An act to amend Section 8753 of the Government Code, relating to state government. Sections 117690 and 117747 of the Health and Safety Code, relating to medical waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1419, as amended, Kamlager-Dove. Arts Council. Medical waste: pharmaceuticals.
Existing law, the Medical Waste Management Act, administered by the State Department of Public Health, regulates the management, handling, and disposal of medical waste, as defined, including pharmaceutical waste. The act provides that transporting, storing, treating, disposing of, or causing the treatment or disposal of medical waste in a manner not authorized by permit or registration, or by the act, is a crime, except as specified. For purposes of the act, the term “pharmaceutical” is defined to mean a prescription or over-the-counter human or veterinary drug, including, but not limited to, a drug defined in the Federal Food, Drug, and Cosmetic Act, but does not include a pharmaceutical regulated pursuant to the federal Resource Conservation and Recovery Act of 1976 or the Radiation Control Law.
This bill would additionally except from the definition of “pharmaceutical” herbal-based remedies, homeopathic drugs, remedies, and any other product with a National Drug Code identifying the product as “homeopathic,” as well as cosmetics, soap, shampoo, sunscreen, toothpaste, lip balm, antiperspirant, and saline products.

The Dixon-Zenovich-Maddy California Arts Act of 1975 establishes the Arts Council, consisting of 11 appointed members. The act specifies the duties of the council, including providing for the exhibition of art works in public buildings throughout California.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 117690 of the Health and Safety Code is amended to read:

117690.
 (a) “Medical waste” means any biohazardous, pathology, pharmaceutical, or trace chemotherapy waste not regulated by the federal Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended; sharps and trace chemotherapy wastes generated in a health care setting in the diagnosis, treatment, immunization, or care of humans or animals; waste generated in autopsy or necropsy; waste generated during preparation of a body for final disposition such as cremation or interment; waste generated in research pertaining to the production or testing of microbiologicals; waste generated in research using human or animal pathogens; sharps and laboratory waste that poses a potential risk of infection to humans generated in the inoculation of animals in commercial farming operations; waste generated from the consolidation of home-generated sharps; and waste generated in the cleanup of trauma scenes. Biohazardous, pathology, pharmaceutical, sharps, and trace chemotherapy wastes that meet the conditions of this section are not subject to any of the hazardous waste requirements found in Chapter 6.5 (commencing with Section 25100) of Division 20.
(b) For purposes of this part the following definitions apply:
(1) “Biohazardous waste” includes all of the following:
(A) (i) Regulated medical waste, clinical waste, or biomedical waste that is a waste or reusable material derived from the medical treatment of a human or from an animal that is suspected by the attending veterinarian of being infected with a pathogen that is also infectious to humans, which includes diagnosis and immunization; or from biomedical research, which includes the production and testing of biological products.
(ii) Regulated medical waste or clinical waste or biomedical waste suspected of containing a highly communicable disease.
(B) Laboratory waste such as human specimen cultures or animal specimen cultures that are infected with pathogens that are also infectious to humans; cultures and stocks of infectious agents from research; wastes from the production of bacteria, viruses, spores, discarded live and attenuated vaccines used in human health care or research, discarded animal vaccines, including Brucellosis and Contagious Ecthyma, as defined by the department; culture dishes, devices used to transfer, inoculate, and mix cultures; and wastes identified by Section 173.134 of Title 49 of the Code of Federal Regulations as Category B “once wasted” for laboratory wastes.
(C) Waste that, at the point of transport from the generator’s site or at the point of disposal contains recognizable fluid human blood, fluid human blood products, containers, or equipment containing human blood that is fluid, or blood from animals suspected by the attending veterinarian of being contaminated with infectious agents known to be contagious to humans.
(D) Waste containing discarded materials contaminated with excretion, exudate, or secretions from humans or animals that are required to be isolated by the infection control staff, the attending physician and surgeon, the attending veterinarian, or the local health officer, to protect others from highly communicable diseases or diseases of animals that are communicable to humans.
(2) Pathology waste “Pathology waste” includes both of the following:
(A) Human body parts, with the exception of teeth, removed at surgery and surgery specimens or tissues removed at surgery or autopsy that are suspected by the health care professional of being contaminated with infectious agents known to be contagious to humans or having been fixed in formaldehyde or another fixative.
(B) Animal parts, tissues, fluids, or carcasses suspected by the attending veterinarian of being contaminated with infectious agents known to be contagious to humans.
(3) “Pharmaceutical waste” means a pharmaceutical, as defined in Section 117747, including trace chemotherapy waste, that is a waste, as defined in Section 25124. For purposes of this part, “pharmaceutical waste” does not include 25124, except that a pharmaceutical that meets either of the following criteria: criteria shall not be considered a waste pursuant to Section 25124:
(A) The pharmaceutical is being sent out of the state to a reverse distributor, as defined in Section 4040.5 of the Business and Professions Code, that is licensed as a wholesaler of dangerous drugs by the California State Board of Pharmacy pursuant to Section 4161 of the Business and Professions Code.
(B) The pharmaceutical is being sent by a reverse distributor, as defined in Section 4040.5 of the Business and Professions Code, offsite for treatment and disposal in accordance with applicable laws, or to a reverse distributor that is licensed as a wholesaler of dangerous drugs by the California State Board of Pharmacy pursuant to Section 4160 of the Business and Professions Code and as a permitted transfer station if the reverse distributor is located within the state.
(4) “Sharps waste” means a device that has acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, acupuncture needles, root canal files, broken glass items used in health care such as Pasteur pipettes and blood vials contaminated with biohazardous waste, and any item capable of cutting or piercing from trauma scene waste.
(5) “Trace chemotherapeutic waste” means waste that is contaminated through contact with, or having previously contained, chemotherapeutic agents, including, but not limited to, gloves, disposable gowns, towels, and intravenous solution bags and attached tubing that are empty. A biohazardous waste that meets the conditions of this paragraph is not subject to the hazardous waste requirements of Chapter 6.5 (commencing with Section 25100) of Division 20.
(6) “Trauma scene waste” means waste that is a regulated waste, as defined in Section 5193 of Title 8 of the California Code of Regulations, and that has been removed, is to be removed, or is in the process of being removed, from a trauma scene by a trauma scene waste management practitioner.

SEC. 2.

 Section 117747 of the Health and Safety Code is amended to read:

117747.
 (a) “Pharmaceutical” means a prescription or over-the-counter human or veterinary drug, including, but not limited to, a drug as defined in Section 109925 or in Section 201 of the Federal Food, Drug, and Cosmetic Act, as amended, (21 U.S.C.A. Sec. 321(g)(1)).
(b) For purposes of this part, “pharmaceutical” does not include any pharmaceutical that is regulated pursuant to either of the following:
(1) The federal Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C.A. U.S.C. Sec. 6901 et seq.). This waste stream shall be handled as a hazardous waste under the authority of Chapter 6.5 (commencing with Section 25100) of Division 20.
(2) The Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9).
(c) For purposes of this part, “pharmaceutical” does not include any of the following products if the product can be lawfully sold without a prescription:
(1) Homeopathic drugs, remedies, and any other product with a National Drug Code identifying the product as “homeopathic” in the National Drug Code Directory.
(2) Cosmetics, as defined in Section 201 of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. Sec. 321(i)).
(3) Soap, shampoo, sunscreen, toothpaste, lip balm, antiperspirant, and saline products.

SECTION 1.Section 8753 of the Government Code is amended to read:
8753.

The council shall:

(a)Encourage artistic awareness, participation and expression.

(b)Help independent local groups develop their own art programs.

(c)Promote the employment of artists and those skilled in crafts in both the public and private sector.

(d)Provide for the exhibition of works of art in public buildings throughout California.

(e)Enlist the aid of all state agencies in the task of ensuring the fullest expression of our artistic potential.

(f)Adopt regulations in accordance with the provisions of the Administrative Procedure Act necessary for proper execution of the powers and duties granted to the council by this chapter.

(g)Employ administrative, technical, and other personnel as may be necessary.

(h)Fix the salaries of the personnel employed pursuant to this chapter as nearly as possible to conform to the salaries established by the State Personnel Board for classes of positions in the state civil service involving comparable duties and responsibilities.

(i)Appoint advisory committees whenever necessary. Members of an advisory committee shall serve without compensation, but each may be reimbursed for necessary traveling and other expenses incurred in the performance of official duties.

(j)Request and obtain from any department, division, board, bureau, commission, or other agency of the state assistance and data as will enable it properly to carry on its power and duties.

(k)Hold hearings, execute agreements, and perform any acts necessary and proper to carry out the purposes of this chapter.

(l)Accept federal grants for any of the purposes of this chapter.

(m)Accept only unrestricted gifts, donations, bequests, or grants of funds from private sources and public agencies, for any of the purposes of this chapter. However, the council shall give careful consideration to any donor requests concerning specific dispositions.

(n)Establish grant application criteria and procedure.

(o)Award prizes or direct grants to individuals or organizations in accordance with regulations as the council may prescribe. In awarding prizes or directing grants, the council shall notify the offices of the legislators in whose district the recipient resides.

(p)Have the authority to appoint peer review panels whenever necessary. Each member of a peer review panel may, at the discretion of the council, receive a per diem and honorarium for each day of service and be reimbursed for necessary travel and other expenses incurred in the performance of official duties.