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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of medical waste. |
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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 Subdivision (18-a) and amending Subdivision (20) |
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to read as follows: |
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(18-a) "Medical waste" has the meaning assigned to the |
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term "special waste from health care-related facilities" by |
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Department of State Health Services rule and includes animal waste, |
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bulk blood, bulk human blood products, bulk human body fluids, |
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microbiological waste, pathological waste, and sharps. The term |
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does not include: |
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(A) waste produced on a farm or ranch as defined |
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by Section 151.316, Tax Code; 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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(20) "Municipal solid waste" means solid waste |
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resulting from or incidental to municipal, community, commercial, |
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institutional, or recreational activities, and includes garbage, |
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rubbish, ashes, street cleanings, dead animals, abandoned |
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automobiles, and other solid waste other than industrial solid |
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waste or medical waste. |
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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 MANAGEMENT. (a) |
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The commission is responsible under this section for the management |
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of medical waste. |
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(b) The commission shall accomplish the purposes of this |
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chapter by controlling all aspects of the management of medical |
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waste. |
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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 management 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 management, 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 municipal solid waste apply in |
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the same manner to medical waste for: |
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(1) conflicting site operation plan provisions for a |
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site that conducts activities that require a separate permit or |
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authorization; |
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(2) waste acceptance and analysis; |
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(3) facility-generated waste, including wastewater |
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and sludge; |
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(4) contaminated water management; |
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(5) on-site storage areas for source-separated or |
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recyclable materials; |
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(6) processing areas for putrescible or liquid waste; |
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(7) approved waste containers for facilities that |
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receive animal and plant health inspection service waste; |
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(8) 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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(9) fire protection; |
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(10) access control; |
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(11) unloading waste; |
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(12) spill prevention and control; |
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(13) operating hours; |
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(14) facility signage; |
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(15) control of litter, including windblown material; |
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(16) facility access roads; |
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(17) noise pollution and visual screening; |
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(18) capacity overloading and mechanical breakdown; |
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(19) sanitation, including employee sanitation |
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facilities; |
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(20) 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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(21) facility health and safety plans, including |
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employee training in health and safety. |
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(f) In a facility that handles medical waste, processing |
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equipment shall be located not less than 25 feet from the property |
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boundary. A medical waste storage unit is not subject to this |
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subsection, provided that the medical waste is contained in |
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transport vehicles and refrigerated below 45 degrees if the waste |
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is in the facility longer than 72 hours. |
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(g) A generator of medical waste shall affix to each |
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container a label that contains: |
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(1) the name and address of the generator; and |
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(2) either: |
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(A) the date of the shipment; or |
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(B) the identification number of the shipment. |
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(h) The commission by rule may exempt from notice and public |
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comment requirements certain amendments to a permit or registration |
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for a facility that handles medical waste, including amendments |
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relating to operating hours, waste acceptance, and operation and |
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waste acceptance on a day not previously authorized. |
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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, is |
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repealed. |
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SECTION 5. The changes in law made by this Act do not affect |
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the validity of rules of the Texas Commission on Environmental |
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Quality governing the management of medical waste under 30 T.A.C. |
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Chapter 330, Subchapter Y, or the management of municipal solid |
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waste under 30 T.A.C. Chapter 330, Subchapter E, as those rules |
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existed on the effective date of this Act. |
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SECTION 6. 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, 2013. |