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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) 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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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. |
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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) 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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(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) 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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(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 and transfer activities shall be located not less than 25 |
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feet from the facility boundary. A medical waste storage unit is |
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not subject to this subsection, provided that medical waste |
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contained in transport vehicles is refrigerated below 45 degrees if |
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the waste is in the vehicle longer than 72 hours. The commission |
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may adopt alternatives to the requirements of this subsection for |
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permitted, registered, or otherwise authorized medical waste |
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processing facilities. |
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(g) A generator of medical waste shall affix to each |
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container, other than a container intended for transport by the |
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United States Postal Service or other common carrier, a label that |
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contains: |
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(1) the name and address of the generator; |
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(2) the contents of the container; and |
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(3) 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 shall exempt from notice and |
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public comment requirements certain modifications to a permit, |
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registration, or other authorization for a facility that handles |
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medical waste, including modifications relating to operating hours |
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and other minor modifications, as determined by the commission. |
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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. 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 may not be referred for a |
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contested case proceeding. |
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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, 2015. |