Healthcare Issues in the Law Term Paper

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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.

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" (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 from constructing a permanent facility." (Ibid) the report relates that approximately 60% of all counties in the state of California are undergoing development for u-waste programs that the grants for FY 2007/2008 will have as its focus "sharps, an emerging waste issue that also requires a coordinate regional effort." (Ibid) the funding through grants has been designed in order to defray the costs, in part, associated with the coordination of a working group of stakeholders." (Ibid) the stakeholder group is stated to include:

1) Municipalities;

2) Medical waste haulers;

3) HHW facility operators;

4) Permitted medical waste transfer/treatment facilities; and 5) Local non-profit community groups. (Ibid)

DISCUSSION

The passing of Senate Bill 1305 will keep many entities busy on the next few months in preparing for compliance to this bill and while funding in the form of grants has been made available for defraying the costs of compliance with Senate Bill 1305 there will be associated costs that will not be covered under grant funds. Since this is a public health issue, it is certain that every individual in the state of California, every business owned in the state, and certainly, each employee of each of these stakeholder agencies has a stake in compliance with Senate Bill 1305......

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