By: Deuell S.B. No. 1176
(In the Senate - Filed March 5, 2013; March 12, 2013, read
first time and referred to Committee on Health and Human Services;
April 22, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 22, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1176 By: Deuell
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of medical waste.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.003, Health and Safety Code, is
amended by adding Subdivision (18-a) to read as follows:
(18-a) "Medical waste" has the meaning assigned to the
term "special waste from health care-related facilities" by
Department of State Health Services rule and includes animal waste,
bulk blood, bulk human blood products, bulk human body fluids,
microbiological waste, pathological waste, and sharps. The term
does not include:
(A) waste produced on a farm or ranch as defined
by Section 151.316, Tax Code; 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 MANAGEMENT.
(a) The commission is responsible under this section for the
management of medical waste.
(b) The commission shall accomplish the purposes of this
chapter by requiring a permit or registration for and otherwise
regulating the collection, treatment, storage, disposal, and
transportation of medical waste.
(c) The commission has the powers and duties specifically
prescribed by this chapter relating to medical waste management and
all other powers necessary or convenient to carry out those
responsibilities under this chapter.
(d) In matters relating to medical waste management, 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 municipal solid waste apply in
the same manner to medical waste only to the extent that the rules
address:
(1) the reconciliation of conflicting site operation
plan provisions for a site that conducts activities that require a
separate permit or authorization;
(2) waste acceptance and analysis;
(3) facility-generated waste, including wastewater
and sludge;
(4) contaminated water management;
(5) on-site storage areas for source-separated or
recyclable materials;
(6) 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;
(7) approved waste containers for facilities that
receive animal and plant health inspection service waste;
(8) recordkeeping and reporting requirements, except
for rules regarding the recordkeeping provisions required to
justify the levels of recovered recycled products;
(9) fire protection;
(10) access control;
(11) unloading waste;
(12) spill prevention and control;
(13) operating hours;
(14) facility signage;
(15) control of litter, including windblown material;
(16) facility access roads;
(17) noise pollution and visual screening;
(18) capacity overloading and mechanical breakdown;
(19) sanitation, including employee sanitation
facilities;
(20) 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;
(21) facility health and safety plans, including
employee training in health and safety; and
(22) the form, submission, and accuracy of reports to
track:
(A) the amount of waste stored, treated,
processed, disposed of, recovered, or recycled; and
(B) the amount of processing or disposal capacity
and reserve capacity.
(f) In a facility that handles medical waste, processing
equipment shall be located not less than 25 feet from the property
boundary unless the adjacent property owner agrees to a location
within 25 feet. A medical waste storage unit is not subject to this
subsection, provided that the medical waste is contained in
transport vehicles and refrigerated below 45 degrees if the waste
is in the facility longer than 72 hours.
(g) A generator of medical waste shall affix to each
container a label that contains:
(1) the name and address of the generator;
(2) the contents of the container; and
(3) either:
(A) the date of the shipment; or
(B) the identification number of the shipment.
(h) The commission by rule shall exempt from notice and
public comment requirements certain amendments to a permit or
registration for a facility that handles medical waste, including
amendments relating to operating hours and other minimum
modifications, as determined by the commission.
SECTION 3. Subdivision (4), Section 7.141, 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, is
repealed.
SECTION 5. A facility that has a permit or registration that
allows the handling of medical waste is not, before January 1, 2014,
required to meet the requirements of any rule adopted to implement
the changes in law made by this Act.
SECTION 6. 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, 2013.
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