Texas 2013 - 83rd Regular

Texas Senate Bill SB1176 Compare Versions

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1	1	By: Deuell S.B. No. 1176
2	2	(In the Senate - Filed March 5, 2013; March 12, 2013, read
3	3	first time and referred to Committee on Health and Human Services;
4	4	April 22, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 8, Nays 0; April 22, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1176 By: Deuell
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the regulation of medical waste.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 361.003, Health and Safety Code, is
15	15	amended by adding Subdivision (18-a) to read as follows:
16	16	(18-a) "Medical waste" has the meaning assigned to the
17	17	term "special waste from health care-related facilities" by
18	18	Department of State Health Services rule and includes animal waste,
19	19	bulk blood, bulk human blood products, bulk human body fluids,
20	20	microbiological waste, pathological waste, and sharps. The term
21	21	does not include:
22	22	(A) waste produced on a farm or ranch as defined
23	23	by Section 151.316, Tax Code; or
24	24	(B) artificial, nonhuman materials removed from
25	25	a patient and requested by the patient, including orthopedic
26	26	devices and breast implants.
27	27	SECTION 2. Subchapter C, Chapter 361, Health and Safety
28	28	Code, is amended by adding Section 361.0905 to read as follows:
29	29	Sec. 361.0905. REGULATION OF MEDICAL WASTE MANAGEMENT.
30	30	(a) The commission is responsible under this section for the
31	31	management of medical waste.
32	32	(b) The commission shall accomplish the purposes of this
33	33	chapter by requiring a permit or registration for and otherwise
34	34	regulating the collection, treatment, storage, disposal, and
35	35	transportation of medical waste.
36	36	(c) The commission has the powers and duties specifically
37	37	prescribed by this chapter relating to medical waste management and
38	38	all other powers necessary or convenient to carry out those
39	39	responsibilities under this chapter.
40	40	(d) In matters relating to medical waste management, the
41	41	commission shall consider water pollution control and water quality
42	42	aspects, air pollution control and ambient air quality aspects, and
43	43	the protection of human health and safety.
44	44	(e) Rules adopted to regulate municipal solid waste apply in
45	45	the same manner to medical waste only to the extent that the rules
46	46	address:
47	47	(1) the reconciliation of conflicting site operation
48	48	plan provisions for a site that conducts activities that require a
49	49	separate permit or authorization;
50	50	(2) waste acceptance and analysis;
51	51	(3) facility-generated waste, including wastewater
52	52	and sludge;
53	53	(4) contaminated water management;
54	54	(5) on-site storage areas for source-separated or
55	55	recyclable materials;
56	56	(6) the storage of waste:
57	57	(A) to prevent the waste from becoming a hazard,
58	58	including a fire hazard, to human health or safety;
59	59	(B) to ensure the use of sufficient containers
60	60	between collections; and
61	61	(C) to prevent the waste from becoming litter;
62	62	(7) approved waste containers for facilities that
63	63	receive animal and plant health inspection service waste;
64	64	(8) recordkeeping and reporting requirements, except
65	65	for rules regarding the recordkeeping provisions required to
66	66	justify the levels of recovered recycled products;
67	67	(9) fire protection;
68	68	(10) access control;
69	69	(11) unloading waste;
70	70	(12) spill prevention and control;
71	71	(13) operating hours;
72	72	(14) facility signage;
73	73	(15) control of litter, including windblown material;
74	74	(16) facility access roads;
75	75	(17) noise pollution and visual screening;
76	76	(18) capacity overloading and mechanical breakdown;
77	77	(19) sanitation, including employee sanitation
78	78	facilities;
79	79	(20) ventilation and air pollution control, except as
80	80	those rules apply to:
81	81	(A) process areas where putrescible waste is
82	82	processed;
83	83	(B) the minimal air exposure for liquid waste;
84	84	and
85	85	(C) the cleaning and maintenance of mobile waste
86	86	processing unit equipment;
87	87	(21) facility health and safety plans, including
88	88	employee training in health and safety; and
89	89	(22) the form, submission, and accuracy of reports to
90	90	track:
91	91	(A) the amount of waste stored, treated,
92	92	processed, disposed of, recovered, or recycled; and
93	93	(B) the amount of processing or disposal capacity
94	94	and reserve capacity.
95	95	(f) In a facility that handles medical waste, processing
96	96	equipment shall be located not less than 25 feet from the property
97	97	boundary unless the adjacent property owner agrees to a location
98	98	within 25 feet. A medical waste storage unit is not subject to this
99	99	subsection, provided that the medical waste is contained in
100	100	transport vehicles and refrigerated below 45 degrees if the waste
101	101	is in the facility longer than 72 hours.
102	102	(g) A generator of medical waste shall affix to each
103	103	container a label that contains:
104	104	(1) the name and address of the generator;
105	105	(2) the contents of the container; and
106	106	(3) either:
107	107	(A) the date of the shipment; or
108	108	(B) the identification number of the shipment.
109	109	(h) The commission by rule shall exempt from notice and
110	110	public comment requirements certain amendments to a permit or
111	111	registration for a facility that handles medical waste, including
112	112	amendments relating to operating hours and other minimum
113	113	modifications, as determined by the commission.
114	114	SECTION 3. Subdivision (4), Section 7.141, Water Code, is
115	115	amended to read as follows:
116	116	(4) "Medical waste" has the meaning assigned by
117	117	Section 361.003, Health and Safety [includes animal waste, bulk
118	118	blood and blood products, microbiological waste, pathological
119	119	waste, sharps, and special waste from health care-related
120	120	facilities as those terms are defined in 25 T.A.C. Section 1.132
121	121	(Texas Department of Health, Definition, Treatment, and
122	122	Disposition of Special Waste from Health Care-Related Facilities).
123	123	The term does not include medical waste produced on farmland and
124	124	ranchland as defined by Section 252.001(6), Agriculture] Code.
125	125	SECTION 4. Section 361.560, Health and Safety Code, is
126	126	repealed.
127	127	SECTION 5. A facility that has a permit or registration that
128	128	allows the handling of medical waste is not, before January 1, 2014,
129	129	required to meet the requirements of any rule adopted to implement
130	130	the changes in law made by this Act.
131	131	SECTION 6. This Act takes effect immediately if it receives
132	132	a vote of two-thirds of all the members elected to each house, as
133	133	provided by Section 39, Article III, Texas Constitution. If this
134	134	Act does not receive the vote necessary for immediate effect, this
135	135	Act takes effect September 1, 2013.
136	136	* * * * *