ACG H.B. 956 75(R)BILL ANALYSIS ENVIRONMENTAL REGULATION H.B. 956 By: Goodman 3-25-97 Committee Report (Substituted) BACKGROUND Title 5, Subtitle B, Chapter 361, Texas Health and Safety Code, strictly regulates and monitors the treatment and disposition of medical waste from health care facilities. When artificial, non-human material, such as an orthopedic device or breast implant is removed from a patient, small amounts of irremovable human tissue may be attached to the device or implant. Because of the attachment of human tissue, the device or implant must be treated as medical waste and therefore disposed of according to the requirements of this chapter. Patients routinely request these devices or implants for litigation purposes or other personal reasons. Under current law, hospitals are prohibited from releasing such material to the patient because they may be deemed to be medical waste. PURPOSE H.B. 956 will clarify that artificial, non-human material such as orthopedic devices or breast implants surgically removed from the patient under the circumstances stated above, and requested by the patient, can be released by the hospital to the patient. 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. Amends Section 361.560(3), Health and Safety Code, to redefine the term "medical waste" by removing from the definition artificial, nonhuman materials removed from a patient and requested by the patient, including but not limited to orthopedic devices and breast implants. SECTION 2. Emergency clause. This Act takes effect on passage. COMPARISON OF ORIGINAL TO SUBSTITUTE HB 956 stipulates that "medical waste" does not include nonhuman materials removed from a patient and requested by the patient, including but not limited to orthopedic devices and breast implants. CSHB 956 stipulates that "medical waste" does not include artificial, nonhuman materials removed from a patient and requested by the patient, including but not limited to orthopedic devices and breast implants.