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AB-1893 Sharps waste.(2013-2014)



Current Version: 05/23/14 - Amended Assembly         Compare Versions information image


AB1893:v96#DOCUMENT

Amended  IN  Assembly  May 23, 2014
Amended  IN  Assembly  May 01, 2014
Amended  IN  Assembly  March 28, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 1893


Introduced by Assembly Members Stone and Eggman

February 19, 2014


An act to add Article 7 (commencing with Section 111657) to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, and to amend Section 138.6 of the Labor Code, relating to sharps waste.


LEGISLATIVE COUNSEL'S DIGEST


AB 1893, as amended, Stone. Sharps waste.
(1) Existing law, the Medical Waste Management Act, administered by the State Department of Public Health, regulates the management and handling of medical waste, as defined. Existing law specifically excludes home-generated sharps waste, as defined, from the definition of medical waste. Existing law requires all sharps waste to be placed into a sharps container, taped closed, and labeled with the words “sharps waste” or with the international biohazard symbol and the word “BIOHAZARD.” Existing law prohibits a person from knowingly placing home-generated sharps waste in certain types of containers and requires that home-generated sharps waste be transported only in sharps containers, as defined, or other containers approved by the State Department of Public Health or the local enforcement agency. Existing law, the Sherman Food, Drug, and Cosmetic Law, requires the State Department of Public Health to regulate the manufacturing, sale, labeling, and advertising activities related to food, drugs, devices, and cosmetics in conformity with the federal Food, Drug, and Cosmetic Act. A violation of the Sherman Food, Drug, and Cosmetic Law is a misdemeanor.
This bill would require all sharps sold to the general public in California in quantities of 50 or more to be sold with a include a free sharps waste container that meets applicable state and federal standards for collection and disposal of medical sharps waste. The bill would require the sharps manufacturer to provide the sharps container at no cost. The bill would require the container to, among other things, be labeled with the words “sharps waste” or with the international biohazard symbol and the word “BIOHAZARD” and would also require specified information to be included on a label affixed to the container or on a separate insert included in the sharps packaging. The bill would not preempt a local ordinance that establishes a mandatory system for the collection of home-generated sharps waste for disposal. Because a violation of these provisions would be a crime, this bill would impose a state-mandated local program.
(2) Existing law establishes a workers’ compensation system, administered by the Administrative Director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of his or her employment. Existing law requires the administrative director to develop a cost-efficient workers’ compensation information system and requires the administrative director to adopt regulations specifying the data elements to be collected by electronic data interchange. Existing law defines “sharps waste” to mean any device having acute rigid corners, edges, or protuberances capable of cutting or piercing, including, but not limited to, hypodermic needs, hypodermic needles with syringes, and syringes contaminated with biohazardous waste.
This bill would encourage the administrative director to incorporate the use of specific data elements that identify review the department’s practices for identifying puncture wounds caused by sharps waste in nonhealth care occupations that are collected by electronic data interchange. to determine ways of encouraging more accurate reporting and collection of needlestick injury data.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Article 7 (commencing with Section 111657) is added to Chapter 6 of Part 5 of Division 104 of the Health and Safety Code, to read:
Article  7. Sharps

111657.
 (a) Sharps sold to the general public in California in quantities of 50 or more shall be sold with a include a free sharps waste container that meets applicable state and federal standards for collection and disposal of medical sharps waste. The sharps waste container shall be provided by the sharps manufacturer at no cost. The container shall have an adequate capacity to contain the number of sharps purchased. The container shall be labeled with the words “sharps waste” or with the international biohazard symbol and the word “BIOHAZARD” as provided in Section 118285. The sharps waste container shall include all of the following information on a label affixed to the container, or on a separate insert included in the sharps packaging:
(1) Directions for the safe disposal of sharps waste as described in Sections 118285 and 118286.
(2) A reference to the Department of Resources Recycling and Recovery’s Internet Web site on home-generated sharps waste disposal and the disposal directory for sharps waste and medication.
(b) (1) This section does not preclude a manufacturer, seller, or distributor of sharps from implementing a voluntary take-back program of home-generated sharps waste on their premises or through a mail-back program. This section does not preclude the establishment of mail-back or take-back programs.
(c) This section does not preempt any local ordinances that establish a mandatory system for the collection of home-generated sharps waste for disposal. This section does not prohibit a city, county, or city and county from adopting ordinances or policies that establish a system for the collection of home-generated sharps waste for disposal.

SEC. 2.

 Section 138.6 of the Labor Code is amended to read:

138.6.
 (a) The administrative director, in consultation with the Insurance Commissioner and the Workers’ Compensation Insurance Rating Bureau, shall develop a cost-efficient workers’ compensation information system, which shall be administered by the division. The administrative director shall adopt regulations specifying the data elements to be collected by electronic data interchange.
(b) The information system shall do the following:
(1) Assist the department to manage the workers’ compensation system in an effective and efficient manner.
(2) Facilitate the evaluation of the efficiency and effectiveness of the delivery system.
(3) Assist in measuring how adequately the system indemnifies injured workers and their dependents.
(4) Provide statistical data for research into specific aspects of the workers’ compensation program.
(c) The data collected electronically shall be compatible with the Electronic Data Interchange System of the International Association of Industrial Accident Boards and Commissions. The administrative director may adopt regulations authorizing the use of other nationally recognized data transmission formats in addition to those set forth in the Electronic Data Interchange System for the transmission of data required pursuant to this section. The administrative director shall accept data transmissions in any authorized format. If the administrative director determines that any authorized data transmission format is not in general use by claims administrators, conflicts with the requirements of state or federal law, or is obsolete, the administrative director may adopt regulations eliminating that data transmission format from those authorized pursuant to this subdivision.
(d) (1) The administrative director shall assess an administrative penalty against a claims administrator for a violation of data reporting requirements adopted pursuant to this section. The administrative director shall promulgate a schedule of penalties providing for an assessment of no more than five thousand dollars ($5,000) against a claims administrator in any single year, calculated as follows:
(A) No more than one hundred dollars ($100) multiplied by the number of violations in that year that resulted in a required data report not being submitted or not being accepted.
(B) No more than fifty dollars ($50) multiplied by the number of violations in that year that resulted in a required report being late or accepted with an error.
(C) Multiple errors in a single report shall be counted as a single violation.
(D) A penalty shall not be assessed pursuant to Section 129.5 for any violation of data reporting requirements for which a penalty has been or may be assessed pursuant to this section.
(2) The schedule promulgated by the administrative director pursuant to paragraph (1) shall establish threshold rates of violations that shall be excluded from the calculation of the assessment, as follows:
(A) The threshold rate for reports that are not submitted or are submitted but not accepted shall not be less than 3 percent of the number of reports that are required to be filed by or on behalf of the claims administrator.
(B) The threshold rate for reports that are accepted with an error shall not be less than 3 percent of the number of reports that are accepted with an error.
(C) The administrative director shall set higher threshold rates as appropriate in recognition of the fact that the data necessary for timely and accurate reporting may not be always always be available to a claims administrator or the claims administrator’s agents.
(D) The administrative director may establish higher thresholds for particular data elements that commonly are not reasonably available.
(3) The administrative director may estimate the number of required data reports that are not submitted by comparing a statistically valid sample of data available to the administrative director from other sources with the data reported pursuant to this section.
(4) All penalties assessed pursuant to this section shall be deposited in the Workers’ Compensation Administration Revolving Fund.
(5) The administrative director shall publish an annual report disclosing the compliance rates of claims administrators.
(e) The administrative director is encouraged to incorporate the use of specific data elements that identify review the department’s practices for identifying puncture wounds caused by sharps waste in nonhealth care occupations that are collected by electronic data interchange. to determine ways of encouraging more accurate reporting and collection of needlestick injury data.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.