BILL REQ. #:  H-1829.3 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to the disposal of residential sharps waste; adding new sections to chapter 70.95K RCW; creating a new section; prescribing penalties; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   (1) A pharmaceutical manufacturer that sells or distributes medication in this state that is usually intended to be self-injected at home through the use of hypodermic needles, syringes with needles attached, intravenous tubing with needles attached, lancets, or any other similar devices shall submit a plan to the department of health that describes specific actions the manufacturer will take on and after July 1, 2013, to provide a free and convenient service for the safe collection and proper disposal of residential sharps waste to all consumers who use the manufacturer's self-injected medications.
     (2) The plan required under subsection (1) of this section must be submitted to the department of health by January 1, 2013, and updated and submitted annually thereafter by January 1st.
     (3) Every pharmaceutical manufacturer required to submit a plan under this section shall pay a filing fee to the department of health at the time the plan is submitted. The department of health shall determine the amount of the filing fee based on the estimated cost to the department in reviewing the manufacturer's plan and monitoring compliance with the plan.
     (4) The department of health is responsible for collecting the filing fees authorized under subsection (3) of this section. The department of health shall deposit all filing fees collected under this section into the residential sharps waste disposal program account created in section 4 of this act.

NEW SECTION.  Sec. 2   (1) The plan required under section 1 of this act must be submitted in an electronic format prescribed by the department of health. The plan must identify by name all of the pharmaceutical manufacturer's medications that are usually intended to be self-injected. The plan must also include, at a minimum, a description of the actions the manufacturer will take to do the following:
     (a) Provide patient starter kits or other educational materials on safe needle disposal to new patients;
     (b) Provide, at no cost to the consumer, sharps waste containers approved by the United States postal service for use in a mail program; and
     (c) Provide consumer information about the safe management and proper disposal of needles through literature, web sites, DVDs, or toll-free numbers.
     (2) If a plan submitted by a manufacturer does not provide for a free mail program, the plan must include and describe a free and convenient network of retail businesses, such as pharmacies, that the manufacturer will establish to safely collect and dispose of residential sharps waste. The manufacturer shall also describe in its plan how it intends to support efforts by retailers, local governments, health care organizations, public health officers, and solid waste service providers to ensure the public is aware of the free and convenient collection network established by the manufacturer.
     (3) A pharmaceutical manufacturer that is required to submit a plan under section 1 of this act may invoice any franchised solid waste transporter for up to fifty percent of the total cost of the collection and disposal plan submitted by the manufacturer.
     (4) The department of health shall post and maintain all copies of all plans submitted by pharmaceutical manufacturers on its web site.
     (5) Pharmaceutical manufacturers shall post and maintain a copy of the plan required under section 1 of this act on their web sites.

NEW SECTION.  Sec. 3   (1) Except as provided in subsections (3) and (4) of this section, a pharmaceutical manufacturer that fails to submit or implement a plan as required under section 1 of this act, or post a copy of the plan on the pharmaceutical manufacturer's web site as required under section 2 of this act, is subject to a civil penalty of: (a) Five thousand dollars per day for every day the plan is late; (b) five thousand dollars per day for every day the manufacturer fails to fully implement its plan; and (c) five thousand dollars per day for every day the plan is not posted on the pharmaceutical manufacturer's web site.
     (2) The department of health is responsible for collecting the penalties authorized under subsection (1) of this section. The department of health shall deposit all penalties collected under this section into the residential sharps waste disposal program account created in section 4 of this act.
     (3) Neither this section nor sections 1 or 2 of this act apply to a pharmaceutical manufacturer that provides a written notification to the department of health by January 1, 2013, and each year thereafter, stating that the manufacturer: (a) Has previously submitted a plan to an agency of state government that documents that the manufacturer has arranged to provide, at no cost to the consumer, either: (i) A sharps waste container that has been approved by the United States postal service for use in a mail program; or (ii) a puncture resistant sharps waste container that is sealed and clearly marked not recyclable; and (b) is continuing to provide a free and convenient mail program or puncture resistant sharps waste container to residents of this state.
     (4) Neither this section nor sections 1 or 2 of this act apply to a pharmaceutical manufacturer that sells or distributes in this state medication that is intended to be self-injected at home in a delivery system using a retracting hypodermic needle or an automatic needle protection system that is part of the device.

NEW SECTION.  Sec. 4   The residential sharps waste disposal program account is created in the custody of the state treasurer. All receipts from sections 1 and 3 of this act must be deposited into the account. Expenditures from the account may be used only for expenses to cover the cost of administering sections 1 through 3, 5, and 6 of this act. Only the secretary of the department of health or the secretary's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for expenditures.

NEW SECTION.  Sec. 5   (1) The department of health shall convene a work group of stakeholders, identified in subsection (2) of this section, to discuss and identify options for collection and diversion of residential sharps waste from the waste stream. The work group shall identify options for educating the public about the proper disposal of residential sharps waste.
     (2) The work group must consist of members representing the pharmaceutical industry, including brand name and generic pharmaceutical manufacturers, and members representing the solid waste industry. At a minimum, the work group must consist of:
     (a) One member representing an association of pharmaceutical manufacturers;
     (b) One member representing a pharmaceutical manufacturer that produces a brand name medication intended for self-injection;
     (c) One member representing a pharmaceutical manufacturer that produces a generic medication intended for self-injection;
     (d) One member representing a solid waste association; and
     (e) Two members representing transporters of solid waste.
     (3) The department of health shall prepare a report to the legislature, consistent with RCW 43.01.036, that summarizes any options identified by the work group including provisions for proposed legislative changes.
     (4) The report required by this section must be delivered by December 31, 2011.
     (5) This section expires June 30, 2012.

NEW SECTION.  Sec. 6   The department of health may adopt rules as necessary for the purpose of implementing, administering, and enforcing sections 1 through 4 of this act.

NEW SECTION.  Sec. 7   Sections 1 through 4 and 6 of this act are each added to chapter 70.95K RCW.