Healthcare Issues in the Law

Healthcare Issues in the Law CALIFORNIA SENATE BILL 1305 EFFECTIVE SEPTEMBER 1, 2008 The objective of this work is to review the California Senate Bill 1305, effective September 1, 2008. In July, 2006, Senate Bill 1305 was passed by the California legislature and governor. This Bill has the intention to remove all medical syringes and needles from the public solid waste system in California.

Previous legislation in California in 1995 and 2004 made provisions for acceptance of syringes and needles by the city and county hazardous waste programs however, these collection services have not been utilized properly by the public and many of these sharps have been and are still being discarded into the general trash. The intention of Senate Bill 1305 is the closure of this loop-hole in the State of California's laws.

SUMMARY of SENATE BILL 1305 Senate Bill 1305 states that "on or after September 1, 2008, no person shall knowingly place home-generated sharps waste in any container used for the collection of solid waste, recyclable materials or greenwaste; or into any container used for the commercial collection of solid waste or recyclable materials from business establishments." (Morris, 2007) II.

DIFFERENTIATION of HOME-GENERATED SHARPS Home-generated sharps have been defined by the law as "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." (Morris, 2007) Under the law hospitals and other medical facilities are differentiated in that they must dispose of their waste through a '...medical waste generator...; track disposal of their waste, and follow other regulations required by the Medical Waste Management Act." (Morris, 2007) Proper disposal within compliance will be through only the following: 1.

A household hazardous waste facility pursuant to Section 25218.13. 2. A "home-generated sharps consolidation point" as defined in subdivision (b) of Section 117904. 3. A medical waste generator's facility pursuant to Section 118147; and 4. A facility through the use of a medical waste mail-back container approved by the department pursuant to subdivision (b) of Section 118245. III.

IMPLICATIONS for BusinessES The implications for businesses are clear in that since the law states that "no person shall knowingly place home-generated sharps into a container used for the commercial collection of solid waste or recyclable materials from business establishments..." And since "person is defined in the Health and Safety Code as not only an individual, but a business as well" then this would necessarily include employees and employers of a business in addition to customers of the business.

This makes it a necessity that the business owner seek compliance under the language of Senate Bill 1305 due to the responsibility placed upon the business owner for compliance. Senate Bill 1305 states that: "...a safe convenient and cost effective infrastructure for the collection of millions of home generated sharps will require a cooperative effort by not only the government entities, but large employers as well.

Private sector stakeholders are encouraged to both implement mailback programs and promote their use." (OSHA eTools and Electronic Products for Compliance Assistance Teen Worker Safety in Restaurants, 2007) Questions the business needs to answer include: (1) What if an employee finds a needle in the restroom or in a parking lot? (2) What accommodations are provided for employees who self-inject while at work? (3) What about customer who self-inject while shopping or dining?; and (4) What options are provided to employees and customer to prevent throwing syringes into the trash, placing them into the toilet, or hiding them in a variety of locations?" (Morris, 2007) the best answer to each of these questions is obviously to actively and with intent make a provision for disposal of these needles and syringes in a convenient and safe location within the business, specifically in the restroom areas of the business.

It is critically important that the public be provided the necessary education to make them aware of the provision of disposal locations for needles and syringes if these disposal provisions are to be properly utilized. IV.

HOME-GENERATED SHARPS CONSOLIDATION POINT COMPLIANCE home-generated sharps consolidation point must comply with the requirements stated as follows: 1) All sharps waste shall be placed in sharps containers; 2) Sharps containers ready for disposal shall not be held more than seven (7) days without the written approval of the enforcement agency." (State of California Division of Drinking Water and Environmental Management, 2007) V.

RESPONSE of the SHARP'S CORPORATION According to the representative for the Sharps Corporation: We believe this to be a break-through event for the Company as the legislative process now mandates the proper disposal of used syringes, needles and lancets outside of the traditional healthcare setting in California. We believe that the California legislation could prove to be the model for legislation throughout the country.

This legislation has the potential to not only positively impact our residential community business but also sales opportunities in all markets we serve as the country recognizes that the proper disposal of sharps waste outside of the healthcare setting is on the legislative radar screen." (Business Wire, July 17, 2006) From the view of the company, the Business Wire article states that the forward looking words in the language of Sharps representative such as "expect," "estimate," and "anticipate" are "subject to risk and uncertainties and the company's future results of operations could differ materially from historical results or current expectations." (Business Wire, 2006) Stated risks include the ability of the Sharps company in educating customers and in the company's development of public awareness programs targeting customers.

Sharps will also be responsible for its company's management of regulatory compliance. However, the Sharps company states that it does not take the legal responsibility of educating and informing the public in relation to compliance with Senate Bill 1305. VI.

STAKEHOLDERS IDENTIFIED The report of the California Integrated Waste Management Board Meeting, February 13, 2007, Agenda Item 22 states that there are presently only 109 "permanent HHW collection facilities and approximately 130 recycle only facilities capable of handling these materials." (California Integrated Waste Management Board meeting, 2007) the meeting report states that construction of a permanent facility in some jurisdictions may be precluded due to "high initial capital costs (purchasing or leasing land, planning and related environmental assessments, site preparation and facility construction) and the additional regulatory requirements associated with the operating a permanent facility may preclude jurisdictions.