| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to the regulation of medical waste; adding and amending |
|
|
provisions subject to a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 361.003, Health and Safety Code, is |
|
|
amended by adding Subdivisions (14-a) and (18-a) to read as |
|
|
follows: |
|
|
(14-a) "Health care-related facility" means a |
|
|
facility listed under 25 T.A.C. Section 1.134. The term does not |
|
|
include: |
|
|
(A) a single-family or multifamily dwelling; or |
|
|
(B) a hotel, motel, or other establishment that |
|
|
provides lodging and related services for the public. |
|
|
(18-a) "Medical waste" means treated and untreated |
|
|
special waste from health care-related facilities composed of |
|
|
animal waste, bulk blood, bulk human blood, bulk human body fluids, |
|
|
microbiological waste, pathological waste, and sharps, as those |
|
|
terms are defined by 25 T.A.C. Section 1.132, as well as regulated |
|
|
medical waste, as that term is defined by 49 C.F.R. Section 173.134. |
|
|
The term does not include: |
|
|
(A) waste produced on a farm or ranch as defined |
|
|
by 34 T.A.C. Section 3.296(f); or |
|
|
(B) artificial, nonhuman materials removed from |
|
|
a patient and requested by the patient, including orthopedic |
|
|
devices and breast implants. |
|
|
SECTION 2. Subchapter C, Chapter 361, Health and Safety |
|
|
Code, is amended by adding Section 361.0905 to read as follows: |
|
|
Sec. 361.0905. REGULATION OF MEDICAL WASTE. (a) The |
|
|
commission is responsible under this section for the regulation of |
|
|
the handling, transportation, storage, and disposal of medical |
|
|
waste. |
|
|
(b) The commission shall accomplish the purposes of this |
|
|
chapter by requiring a permit, registration, or other authorization |
|
|
for and otherwise regulating the handling, storage, disposal, and |
|
|
transportation of medical waste. The commission shall adopt rules |
|
|
as necessary to accomplish the purposes of this subchapter. |
|
|
(c) The commission has the powers and duties specifically |
|
|
prescribed by this chapter relating to medical waste regulation and |
|
|
all other powers necessary or convenient to carry out those |
|
|
responsibilities under this chapter. |
|
|
(d) In matters relating to medical waste regulation, the |
|
|
commission shall consider water pollution control and water quality |
|
|
aspects, air pollution control and ambient air quality aspects, and |
|
|
the protection of human health and safety. |
|
|
(e) Rules adopted to regulate the operation of municipal |
|
|
solid waste storage and processing units apply in the same manner to |
|
|
medical waste only to the extent that the rules address: |
|
|
(1) permit and registration requirements that can be |
|
|
made applicable to a facility that handles medical waste, including |
|
|
requirements related to: |
|
|
(A) applications; |
|
|
(B) site development; |
|
|
(C) notice; and |
|
|
(D) permit or registration duration and limits; |
|
|
(2) minor modifications to permits and registrations, |
|
|
including changes in operating hours and buffer zones; |
|
|
(3) the reconciliation of conflicting site operation |
|
|
plan provisions for a site that conducts activities that require a |
|
|
separate permit or authorization; |
|
|
(4) waste acceptance and analysis; |
|
|
(5) facility-generated waste, including wastewater |
|
|
and sludge; |
|
|
(6) contaminated water management; |
|
|
(7) on-site storage areas for source-separated or |
|
|
recyclable materials; |
|
|
(8) the storage of waste: |
|
|
(A) to prevent the waste from becoming a hazard, |
|
|
including a fire hazard, to human health or safety; |
|
|
(B) to ensure the use of sufficient containers |
|
|
between collections; and |
|
|
(C) to prevent the waste from becoming litter; |
|
|
(9) closure requirements for storage and processing |
|
|
units; |
|
|
(10) recordkeeping and reporting requirements, except |
|
|
for rules regarding the recordkeeping provisions required to |
|
|
justify the levels of recovered recycled products; |
|
|
(11) fire protection; |
|
|
(12) access control; |
|
|
(13) unloading waste; |
|
|
(14) spill prevention and control; |
|
|
(15) operating hours; |
|
|
(16) facility signage; |
|
|
(17) control of litter, including windblown material; |
|
|
(18) noise pollution and visual screening; |
|
|
(19) capacity overloading and mechanical breakdown; |
|
|
(20) sanitation, including employee sanitation |
|
|
facilities; |
|
|
(21) ventilation and air pollution control, except as |
|
|
those rules apply to: |
|
|
(A) process areas where putrescible waste is |
|
|
processed; |
|
|
(B) the minimal air exposure for liquid waste; |
|
|
and |
|
|
(C) the cleaning and maintenance of mobile waste |
|
|
processing unit equipment; and |
|
|
(22) facility health and safety plans, including |
|
|
employee training in health and safety. |
|
|
(f) Medical waste facilities, on-site treatment services |
|
|
and mobile treatment units that send treated medical waste and |
|
|
treated medical waste including sharps or residuals of sharps to a |
|
|
solid waste landfill must include a statement to the solid waste |
|
|
landfill that the shipment has been treated by an approved method in |
|
|
accordance with 25 T.A.C. Section 1.136 (relating to Approved |
|
|
Methods of Treatment and Disposition). Home generated wastes are |
|
|
exempted from this requirement. |
|
|
(g) In a facility that handles medical waste processing or |
|
|
storage, the commission shall not require a minimum separating |
|
|
distance greater than 25 feet between the processing equipment or |
|
|
storage area, and the facility boundary owned or controlled by the |
|
|
owner or operator. A medical waste storage unit is not subject to |
|
|
this subsection, provided that medical waste contained in transport |
|
|
vehicles is refrigerated below 45 degrees if the waste is in the |
|
|
vehicle longer than 72 hours. The commission may consider |
|
|
alternatives to the buffer zone requirements of this subsection for |
|
|
permitted, registered, or otherwise authorized medical waste |
|
|
processing and storage facilities. |
|
|
SECTION 3. Section 7.141(4), Water Code, is amended to read |
|
|
as follows: |
|
|
(4) "Medical waste" has the meaning assigned by |
|
|
Section 361.003, Health and Safety [includes animal waste, bulk
|
|
|
blood and blood products, microbiological waste, pathological
|
|
|
waste, sharps, and special waste from health care-related
|
|
|
facilities as those terms are defined in 25 T.A.C. Section 1.132
|
|
|
(Texas Department of Health, Definition, Treatment, and
|
|
|
Disposition of Special Waste from Health Care-Related Facilities).
|
|
|
The term does not include medical waste produced on farmland and
|
|
|
ranchland as defined by Section 252.001(6), Agriculture] Code. |
|
|
SECTION 4. Section 361.560, Health and Safety Code, as |
|
|
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
|
|
2015, is repealed. |
|
|
SECTION 5. (a) Not later than June 1, 2016, the Texas |
|
|
Commission on Environmental Quality shall adopt rules to implement |
|
|
the changes in law made by this Act. The rules must be adopted in the |
|
|
form of a new chapter of the Texas Administrative Code that includes |
|
|
all rules of the commission relating to medical waste regulation. |
|
|
(b) Rules adopted to implement the changes in law made by |
|
|
this Act must minimize the effect on other rules regulating |
|
|
municipal solid waste facilities. |
|
|
SECTION 6. A facility that has a permit, registration, |
|
|
pending permit application, or other authorization that allows the |
|
|
handling of medical waste is not required to comply with the changes |
|
|
in law made by this Act until rules adopted by the Texas Commission |
|
|
on Environmental Quality to implement the changes in law made by |
|
|
this Act take effect. Any change to a permit, registration, or |
|
|
other authorization in effect on the effective date of this Act that |
|
|
is necessary to implement the changes in law made by this Act may be |
|
|
authorized without notice and comment and shall not be referred for |
|
|
a contested case proceeding. |
|
|
SECTION 7. This Act takes effect immediately if it receives |
|
|
a vote of two-thirds of all the members elected to each house, as |
|
|
provided by Section 39, Article III, Texas Constitution. If this |
|
|
Act does not receive the vote necessary for immediate effect, this |
|
|
Act takes effect September 1, 2015. |
|
|
|
|
|
* * * * * |