BILL ANALYSIS H.B. 1644 By: Hirschi 3-28-95 Committee Report (Amended) BACKGROUND Hospitals contract with medical waste disposal companies to collect their hazardous medical waste and properly incinerate it. Hazardous medical waste may include materials ranging from contaminated needles and syringes to stool samples and amputated limbs. There have been a number of recent cases in which a few unscrupulous disposal companies have improperly dumped medical waste in Texas communities, creating a significant public health hazard. The Texas Administrative Code has specific rules governing the handling and disposal of medical waste, separate from other forms of hazardous waste. While there are criminal penalties for illegally dumping hazardous waste in Texas, there are no similar statutes making it a criminal offense to illegally dump medical waste. PURPOSE HB 1644 creates criminal offenses and establishes penalties for violation of rules governing medical waste. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Adds Subchapter S to Chapter 361, Health and Safety Code, as follows: Section 361.560. Definitions: "Appropriate regulatory agency" means the Texas Natural Resource Conservation Commission, the Department of Health, or another authorized agency. "Large quantity generator" means a person who generates more than 50 pounds of medical waste a month. "Medical waste" means waste generated by a health care facility and associated with health care activities. "Small quantity generator" means a person who generates 50 pounds or less per month Section 361.561. Radioactive Medical Waste. Disposal of radioactive medical waste is governed by Chapter 401, Health and Safety Code. Section 361.562. Generation, Storage, Treatment and Disposal; Large Quantity Generators. (a) Makes it an offense for a large quantity generator to intentionally or knowingly handle or dispose of medical waste without a permit or in violation of a permit, rule, or standard; or file false reports; or destroy required documents. (b) The offense may be punished by a fine of $1,000-$10,000 per violation, up to ten years in prison, or both. (c) For subsequent offenses, the range of punishment is twice that which is set out in Subsection (b). (d) Non-natural persons are punishable by a fine of $5,000-$50,000. (e) A subsequent offense by a non-natural person may be punished by a fine of $10,000-$100,000. Section 361.5625. Generation, Storage, Treatment and Disposal; Small Quantity Generators. (a) Makes it an offense for a small quantity generator to intentionally or knowingly handle or dispose of medical waste without a permit or in violation of a permit, rule, or standard; file false reports; or destroy required documents. (b) Offenses under this section are punishable by a fine of $500-$10,000 per violation, up to one year in prison, or both. (c) For subsequent offenses, the range of punishment is twice that which is set out in Subsection (b) (d) Non-natural persons who commit an offense under this section are punishable by a fine of $2,000-$20,000. (e) A subsequent offense by a non-natural person may be punished by a fine of $4,000-$40,000. Section 361.563. Transportation of Medical Waste. (a) Makes it an offense for a person to intentionally or knowingly transport medical waste to a place that does not have all required permits, transport medical waste without a manifest, or transport medical waste in a vehicle which does not meet cleaning, safety, and other regulations. (b) Offense may be punished by a fine of $500-$10,000 per violation, up to one year in prison, or both. (c) The range of punishment is doubled for subsequent offenses. (d) A non-natural person may be punished by a fine of $5,000-$50,000. (e) A subsequent offense committed by a non-natural person may be punished by a fine of $10,000-$100,000. Section 361.564. False or Misleading Statements. (a) Makes it an offense for a person to knowingly make a false material statement, or knowingly omit material information, in required documents regarding medical waste handling. (b) The offense may be punished by a fine of $500-$10,000 per violation, up to one year in prison, or both. (c) For subsequent offenses, the range of punishment is twice that which is set out in Subsection (b). (d) A non-natural person who commits an offense may be punished by a fine of $2,000- $20,000 under this section. (e) A subsequent offense committed by a non-natural person may be punished by a fine of $4,000-$40,000. Section 361.565. Endangerment Offenses. (a) Makes it an offense for a person to intentionally or knowingly transport, process, store, export, dispose, or cause to be transported, processed, stored, exported, or disposed or disposing of medical waste in violation of subchapter, and thereby knowingly place another person in imminent danger of death or serious bodily injury. (b) A person who commits an offense under Subsection (a) may be punished by a fine of $2,500-$250,000 per violation, up to 15 years in prison, or both. (c) An offense under Subsection (a) that is committed by a non-natural person may be punished by a fine of $5,000-$1,000,000. (d) If offense under Subsection (a) results in death or serious bodily injury, the individual may be punished by a fine of $5,000-$500,000, 2-30 years in prison, or both. (e) A non-natural person who commits an offense under Subsection (a) results in death or serious bodily injury, the person may be punished by a fine of $10,000-$1,500,000. (f) Makes it an offense for a person to intentionally or knowingly handle or dispose of medical waste in violation of this chapter and thereby placing another person in imminent danger of death or injury, unless the person acted in strict compliance with all required permits or orders or with a valid and currently effective order or rule. (g) A person who commits an offense under Subsection (f) may be punished by a fine of $1,500-$150,000, up to 5 years in prison, or both. (h) A non-natural person who commits an offense under Subsection (f) may be punished by a fine of $3,000-$300,000. (i) A person who commits an offense under Subsection (f) that results in death or serious bodily injury may be punished by a fine of $3,000-$300,000, 2-10 years in prison, or both. (j) A non-natural person who commits an offense under Subsection (f) that results in death or serious bodily injury may be punished by a fine of $6,000-$600,000. (k) Makes it an offense for a person to intentionally or knowingly release medical waste into the environment and thereby place another person in imminent danger of death or injury, unless the person s conduct is done in strict compliance with all rules (l) A person who commits an offense under Subsection (k) may be punished by a fine of $1,500-$150,000, up to 5 years in prison, or both. (m) A non-natural person who commits an offense under Subsection (k) may be punished by a fine of $3,000-$300,000. (n) A person who commits an offense under Subsection (k) that results in death or serious bodily injury may be punished by a fine of $3,000-$300,000, 2-10 years in prison, or both. (o) A non-natural person who commits an offense under Subsection (k) by anyone other than and individual offender results in death or serious bodily injury, offense may be punished by a fine of $6,000-$600,000. (p) Makes it an offense for a person to recklessly release medical waste into the environment, and thereby place another person in imminent danger of death or serious bodily injury, unless the person s conduct is in strict compliance with all rules. (q) A person who commits an offense under Subsection (p) may be punished by a fine of $1,000-$100,000, up to one year in prison, or both. (r) A non-natural person who commits an offense under Subsection (p) may be punished by a fine of $2,500-$250,000. (s) A person who commits an offense under Subsection (p) that results in death or serious bodily injury may be punished by a fine of $2,000-$200,000, 1-2 years in prison, or both. (t) A non-natural person who commits an offense under Subsection (p) that results in death or serious bodily injury may be punished by a fine of $5,000-$500,000. Section 361.566. Affirmative Defense; Knowledge Requirement. (a) Makes it an affirmative defense if endangerment was freely and knowingly consented to by the person endangered, and the dangers were foreseeable occupational, professional, or medical treatment hazards. (b) A defendant is only responsible for actual knowledge. Attempts to avoid information may be used to prove a defendant s actual knowledge. Section 361.567. Venue. Venue is in the county where violation occurred or in Travis County. SECTION 2. Severability Clause. SECTION 3. Criminal offense clause. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment number one makes the following changes: (1) Deletes the original definition of "medical waste", and inserts a new, more specific definition that "medical waste" includes animal waste, bulk blood and blood products, microbiological waste, pathological waste, sharps, and special waste from health care related facilities as they are defined in the Texas Department of Health Rules. (2)&(3) Page 6, lines 5 and 6 are changed from, "knowingly makes a false material statement, or causes or permits to be made a false material statement..." to "knowingly makes a false material statement, or knowingly causes or knowingly permits to be made a false material statement..." (4) Changes the "any label" on line 12 of page 6 to "any regulated medical waste label". (5) "Subchapter" on page 7, line 13 is changed to "chapter". There were no other amendments. SUMMARY OF COMMITTEE ACTION HB 1644 was considered by the House Committee on Environmental Regulation in a public hearing on March 14, 1995. Rep. Hirschi testified in favor of the bill. The committee considered amendment #1 to the bill. The following persons testified neutrally on the bill: Catherine Douglas, Assistant Attorney General, Office of the Attorney General, Environmental Crimes Division, representing herself. Dr. Patricia Y. Riley, representing the Texas Natural Resource Conservation Commission. Lee Matthews, representing the Texas Low-Level Radioactive Waste Disposal Authority. Committee amendment number one was adopted without objection. HB 1644, as amended, was referred to a subcommittee to be named later by the chair. After being recalled from subcommittee, HB 1644, as amended, was considered by the House Committee on Environmental Regulation in a public hearing on March 28, 1995. The bill was reported favorably, as amended, with the recommendation that it do pass and be printed, by a record vote of seven (7) ayes, no (0) nays, no (0) pnv, and two (2) absent.