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AN ACT
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relating to the regulation of medical waste; adding and amending |
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provisions subject to a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.003, Health and Safety Code, is |
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amended by adding Subdivisions (14-a) and (18-a) to read as |
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follows: |
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(14-a) "Health care-related facility" means a |
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facility listed under 25 T.A.C. Section 1.134. The term does not |
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include: |
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(A) a single-family or multifamily dwelling; or |
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(B) a hotel, motel, or other establishment that |
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provides lodging and related services for the public. |
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(18-a) "Medical waste" means treated and untreated |
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special waste from health care-related facilities composed of |
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animal waste, bulk blood, bulk human blood, bulk human body fluids, |
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microbiological waste, pathological waste, and sharps, as those |
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terms are defined by 25 T.A.C. Section 1.132, as well as regulated |
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medical waste, as that term is defined by 49 C.F.R. Section 173.134. |
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The term does not include: |
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(A) waste produced on a farm or ranch as defined |
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by 34 T.A.C. Section 3.296(f); or |
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(B) artificial, nonhuman materials removed from |
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a patient and requested by the patient, including orthopedic |
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devices and breast implants. |
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SECTION 2. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.0905 to read as follows: |
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Sec. 361.0905. REGULATION OF MEDICAL WASTE. (a) The |
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commission is responsible under this section for the regulation of |
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the handling, transportation, storage, and disposal of medical |
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waste. |
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(b) The commission shall accomplish the purposes of this |
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chapter by requiring a permit, registration, or other authorization |
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for and otherwise regulating the handling, storage, disposal, and |
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transportation of medical waste. The commission shall adopt rules |
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as necessary to accomplish the purposes of this subchapter. |
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(c) The commission has the powers and duties specifically |
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prescribed by this chapter relating to medical waste regulation and |
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all other powers necessary or convenient to carry out those |
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responsibilities under this chapter. |
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(d) In matters relating to medical waste regulation, the |
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commission shall consider water pollution control and water quality |
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aspects, air pollution control and ambient air quality aspects, and |
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the protection of human health and safety. |
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(e) Rules adopted to regulate the operation of municipal |
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solid waste storage and processing units apply in the same manner to |
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medical waste only to the extent that the rules address: |
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(1) permit and registration requirements that can be |
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made applicable to a facility that handles medical waste, including |
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requirements related to: |
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(A) applications; |
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(B) site development; |
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(C) notice; and |
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(D) permit or registration duration and limits; |
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(2) minor modifications to permits and registrations, |
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including changes in operating hours and buffer zones; |
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(3) the reconciliation of conflicting site operation |
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plan provisions for a site that conducts activities that require a |
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separate permit or authorization; |
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(4) waste acceptance and analysis; |
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(5) facility-generated waste, including wastewater |
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and sludge; |
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(6) contaminated water management; |
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(7) on-site storage areas for source-separated or |
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recyclable materials; |
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(8) the storage of waste: |
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(A) to prevent the waste from becoming a hazard, |
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including a fire hazard, to human health or safety; |
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(B) to ensure the use of sufficient containers |
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between collections; and |
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(C) to prevent the waste from becoming litter; |
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(9) closure requirements for storage and processing |
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units; |
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(10) recordkeeping and reporting requirements, except |
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for rules regarding the recordkeeping provisions required to |
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justify the levels of recovered recycled products; |
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(11) fire protection; |
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(12) access control; |
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(13) unloading waste; |
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(14) spill prevention and control; |
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(15) operating hours; |
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(16) facility signage; |
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(17) control of litter, including windblown material; |
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(18) noise pollution and visual screening; |
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(19) capacity overloading and mechanical breakdown; |
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(20) sanitation, including employee sanitation |
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facilities; |
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(21) ventilation and air pollution control, except as |
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those rules apply to: |
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(A) process areas where putrescible waste is |
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processed; |
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(B) the minimal air exposure for liquid waste; |
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and |
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(C) the cleaning and maintenance of mobile waste |
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processing unit equipment; and |
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(22) facility health and safety plans, including |
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employee training in health and safety. |
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(f) Medical waste facilities, on-site treatment services |
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and mobile treatment units that send treated medical waste and |
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treated medical waste including sharps or residuals of sharps to a |
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solid waste landfill must include a statement to the solid waste |
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landfill that the shipment has been treated by an approved method in |
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accordance with 25 T.A.C. Section 1.136 (relating to Approved |
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Methods of Treatment and Disposition). Home generated wastes are |
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exempted from this requirement. |
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(g) In a facility that handles medical waste processing or |
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storage, the commission shall not require a minimum separating |
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distance greater than 25 feet between the processing equipment or |
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storage area, and the facility boundary owned or controlled by the |
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owner or operator. A medical waste storage unit is not subject to |
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this subsection, provided that medical waste contained in transport |
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vehicles is refrigerated below 45 degrees if the waste is in the |
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vehicle longer than 72 hours. The commission may consider |
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alternatives to the buffer zone requirements of this subsection for |
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permitted, registered, or otherwise authorized medical waste |
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processing and storage facilities. |
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SECTION 3. Section 7.141(4), Water Code, is amended to read |
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as follows: |
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(4) "Medical waste" has the meaning assigned by |
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Section 361.003, Health and Safety [includes animal waste, bulk
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blood and blood products, microbiological waste, pathological
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waste, sharps, and special waste from health care-related
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facilities as those terms are defined in 25 T.A.C. Section 1.132
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(Texas Department of Health, Definition, Treatment, and
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Disposition of Special Waste from Health Care-Related Facilities).
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The term does not include medical waste produced on farmland and
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ranchland as defined by Section 252.001(6), Agriculture] Code. |
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SECTION 4. Section 361.560, Health and Safety Code, as |
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amended by S.B. 219, Acts of the 84th Legislature, Regular Session, |
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2015, is repealed. |
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SECTION 5. (a) Not later than June 1, 2016, the Texas |
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Commission on Environmental Quality shall adopt rules to implement |
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the changes in law made by this Act. The rules must be adopted in the |
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form of a new chapter of the Texas Administrative Code that includes |
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all rules of the commission relating to medical waste regulation. |
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(b) Rules adopted to implement the changes in law made by |
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this Act must minimize the effect on other rules regulating |
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municipal solid waste facilities. |
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SECTION 6. A facility that has a permit, registration, |
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pending permit application, or other authorization that allows the |
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handling of medical waste is not required to comply with the changes |
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in law made by this Act until rules adopted by the Texas Commission |
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on Environmental Quality to implement the changes in law made by |
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this Act take effect. Any change to a permit, registration, or |
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other authorization in effect on the effective date of this Act that |
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is necessary to implement the changes in law made by this Act may be |
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authorized without notice and comment and shall not be referred for |
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a contested case proceeding. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2244 was passed by the House on April |
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27, 2015, by the following vote: Yeas 141, Nays 2, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2244 was passed by the Senate on May |
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20, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |