By: Deuell S.B. No. 1176

(In the Senate - Filed March 5, 2013; March 12, 2013, read first time and referred to Committee on Health and Human Services; April 22, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 22, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1176 By: Deuell

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 MANAGEMENT. (a) The commission is responsible under this section for the management of medical waste.

(b) The commission shall accomplish the purposes of this chapter by requiring a permit or registration for and otherwise regulating the collection, treatment, storage, disposal, and transportation of medical waste.

(c) The commission has the powers and duties specifically prescribed by this chapter relating to medical waste management and all other powers necessary or convenient to carry out those responsibilities under this chapter.

(d) In matters relating to medical waste management, 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 municipal solid waste 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;

(21) facility health and safety plans, including employee training in health and safety; and

(22) the form, submission, and accuracy of reports to track:

(A) the amount of waste stored, treated, processed, disposed of, recovered, or recycled; and

(B) the amount of processing or disposal capacity and reserve capacity.

(f) In a facility that handles medical waste, processing equipment shall be located not less than 25 feet from the property boundary unless the adjacent property owner agrees to a location within 25 feet. A medical waste storage unit is not subject to this subsection, provided that the medical waste is contained in transport vehicles and refrigerated below 45 degrees if the waste is in the facility longer than 72 hours.

(g) A generator of medical waste shall affix to each container 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 amendments to a permit or registration for a facility that handles medical waste, including amendments relating to operating hours and other minimum modifications, as determined by the commission.

SECTION 3. Subdivision (4), Section 7.141, 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 or registration that allows the handling of medical waste is not, before January 1, 2014, required to meet the requirements of any rule adopted to implement the changes in law made by this Act.

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, 2013.

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