84R7084 SLB-F
By: Zerwas H.B. No. 2244
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. (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.
(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) 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; and
(21) facility health and safety plans, including
employee training in health and safety.
(f) In a facility that handles medical waste, processing
equipment and transfer activities shall be located not less than 25
feet from the facility boundary. 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 adopt alternatives to the requirements of this subsection for
permitted, registered, or otherwise authorized medical waste
processing facilities.
(g) A generator of medical waste shall affix to each
container, other than a container intended for transport by the
United States Postal Service or other common carrier, 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 modifications to a permit,
registration, or other authorization for a facility that handles
medical waste, including modifications relating to operating hours
and other minor modifications, as determined by the commission.
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, is
repealed.
SECTION 5. 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 may not be referred for a
contested case proceeding.
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, 2015.