Page 1
Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
AB 1147 (Arambula) - As Amended: April 21, 2009
SUBJECT : Medical waste: containment and storage.
SUMMARY : Allows the California Department of Public Health
(DPH) to approve alternatives to existing medical waste
requirements for storage of medical waste. Specifically,
this
bill :
1)Authorized DPH, upon a request by a medical waste treatment
facility or large medical waste generator, to grant a waiver
of containment and storage requirements for medical waste.
2)Provides that the DPH may approve a waiver of the medical
waste containment and storage requirements if the alternative
requested provides the same level of public health protection
as provided by the current provisions of law.
3)Requires that 30 days before a waiver is approved a public
notice must be provided and public comments accepted on the
alternative containment or storage methods.
EXISITNG LAW :
1)Establishes the Medical Waste Management Act (MWMA), which, in
part, requires DPH to adopt regulations to establish and
ensure statewide standards for management of medical waste,
and to promote waste minimization and source reduction.
2)Defines medical waste as biohazardous or sharps waste that is
produced as a result of any of the following: health care;
health care research; production or testing of biologicals;
accumulated and properly contained home-generated sharps; or,
trauma scene management.
3)Defines a large quantity generator as a medical waste
generator that generates 200 or more pounds of medical waste
in any month of a 12-month period, except as specified.
4)Defines acceptable methods for treating medical waste, and
allows alternative medical waste treatment methods if DPH has
AB 1147
Page 2
approved them and they result in destruction of pathogenic
micro-organisms.
5)Defines acceptable methods for medical waste containment and
storage.
6)Requires a medical waste treatment facility to obtain a permit
from DPH for storage and treatment of medical waste.
FISCAL EFFECT : Not Known
AB 1147
Page 3
COMMENTS :
1)PURPOSE. According to the author, CDPH regularly receives
requests from the health care industry requesting permission
from CDPH to manage their medical wastes using various types
of alternative waste management practices that may be
acceptable, cost-effective, and protective of public health
within the health care industry. The variance proposal in
this bill would allow CDPH to formally grant medical waste
generators, treatment facilities, and transfer stations
flexibility in managing medical waste in situations that are
not specifically outlined in current statute.
The California Hospital Association (CHA), sponsor of this
bill, writes that as hospitals remodel and retrofit, with
costs exceeding $1,000 per square foot, and as new medical
treatment technologies are developed, the health industry
requests flexibility in addressing the provisions of the MWMA.
CHA argues this bill promotes a collaborative and cooperative
working relationship between DPH and the health care industry,
which can lead to the development of model waste management
programs that are cost effective, consistent with current best
management practices within the industry, and protective of
public health.
In 1990, California enacted the MWMA, which established that
the disposal of medical waste is the responsibility of the
health facility, usually a hospital, clinic, lab, or skilled
nursing facility. The facility may treat the medical waste
on-site or use an authorized medical waste hauler to transfer
it to an off-site treatment facility. The State enforces MWMA
for 25 counties and the City of Berkeley, while 33 counties
and two cities enforce the MWMA in their jurisdictions.
2)DOUBLE REFERRAL : This bill has been double-referred and was
previously considered and passed by the Assembly Health
Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Hospital Association (sponsor)
American Federation of State, County, and Municipal Employees,
AB 1147
Page 4
AFL-CIO
Opposition
None on file.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
