PART 14. MEDICAL WASTE [117600. - 118360.]

Part 14 added by Stats. 1995, Ch. 415, Sec. 6.

§§ 117600–118360 · 159 sections

CHAPTER 1. General Provisions §§ 117600–117615 · 4 sections
- § 117600 This part shall be known and may be cited as the Medical Waste Management Act.
- § 117605 (a) This part governs medical waste management at the facility where waste is generated, at transfer stations, and at treatment facilities. This part also…
- § 117610 The department shall adopt regulations that will establish and ensure statewide standards for uniformity in the implementation and administration of this part…
- § 117615 Notwithstanding Section 117605, with the approval of the director, and in the interest of public health, a local ordinance providing more stringent…
CHAPTER 2. Definitions §§ 117625–117780 · 42 sections
- § 117625 Unless the context requires otherwise, the definitions in this article govern the construction of this part.
- § 117630 (a) “Biohazard bag” means a disposable film bag used to contain medical waste. Notwithstanding subdivision (b) of Section 117605, the film bags that are used…
- § 117636 “Chemotherapeutic agent” means an agent that kills or prevents the reproduction of malignant cells. Chemotherapeutic agent excludes anti-inflammatory and…
- § 117637 “Common carrier” means either of the following: (a) A person or company that has a United States Department of Transportation number issued by the Federal…
- § 117640 “Common storage facility” means any designated accumulation area that is onsite and is used by small quantity generators otherwise operating independently for…
- § 117645 “Container” means the rigid container in which the medical waste is placed prior to transporting for purposes of storage or treatment.
- § 117647 “Empty” means a condition achieved when tubing, a container, or inner liner removed from a container that previously contained liquid or solid material,…
- § 117650 “Enforcement agency” means the department or the local agency administering this part.
- § 117655 “Enforcement officer” means the director, or agents or registered environmental health specialists appointed by the director, and all local health officers,…
- § 117657 “Fund” means the Medical Waste Management Fund created pursuant to Section 117885.
- § 117660 “Hazardous waste hauler” means a person registered as a hazardous waste hauler pursuant to Article 6 (commencing with Section 25160) and Article 6.5…
- § 117662 “Health care professional” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code;…
- § 117665 “Highly communicable diseases” means diseases, such as those caused by organisms classified by the federal Centers for Disease Control and Prevention as risk…
- § 117670 “Household waste” means any material, including garbage, trash, and sanitary wastes in septic tanks and medical waste, that is derived from households, farms,…
- § 117671 “Home-generated sharps waste” means hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for…
- § 117672 “Industrial hygienist” means a person who has met the educational requirements of an industrial hygiene certification organization, as defined in subdivision…
- § 117675 “Infectious agent” means a type of microorganism, bacteria, mold, parasite, or virus, including, but not limited to, organisms managed as Biosafety Level II,…
- § 117680 “Large quantity generator” means a medical waste generator, other than a trauma scene waste management practitioner, that generates 200 or more pounds of…
- § 117685 “Local agency” means the local health department, as defined in Section 101185, or the local comprehensive environmental agency established in accordance with…
- § 117690 (a) “Medical waste” means any biohazardous, pathology, pharmaceutical, or trace chemotherapy waste not regulated by the federal Resource Conservation and…
- § 117695 Medical waste that has been treated in accordance with the provisions of the Medical Waste Management Act, Chapter 8 (commencing with Section 118215), and that…
- § 117700 Medical waste does not include any of the following: (a) Waste generated in food processing or biotechnology that does not contain an infectious agent, as…
- § 117705 “Medical waste generator” means any person whose act or process produces medical waste and includes, but is not limited to, a provider of health care, as…
- § 117710 “Medical waste management plan” means a document that is completed by generators of medical waste that describes how the medical waste generated at their…
- § 117715 “Medical waste permit” means a permit issued by the enforcement agency to a medical waste treatment facility.
- § 117720 “Medical waste registration” means a registration issued by the enforcement agency to a medical waste generator.
- § 117725 (a) “Medical waste treatment facility” means all land and structures, and other appurtenances or improvements on the land under the control of the treatment…
- § 117730 “Mixed waste” means mixtures of medical and nonmedical waste. Mixed waste is medical waste, except for all of the following: (a) Medical waste and hazardous…
- § 117735 “Offsite” means any location that is not onsite.
- § 117740 (a) “Onsite” means a medical waste treatment facility, or common storage facility on the same or adjacent property as the generator of the medical waste being…
- § 117742 “Parent organization” means an organization that employs or contracts with health care professionals who provide health care services at a location other than…
- § 117745 “Person” means an individual, trust, firm, joint stock company, business concern, partnership, association, limited liability company, and corporation,…
- § 117747 (a) “Pharmaceutical” means a prescription or over-the-counter human or veterinary drug, including, but not limited to, a drug as defined in Section 109925 of…
- § 117750 (a) “Sharps container” means a rigid puncture-resistant container used in patient care or research activities meeting the standards of, and receiving approval…
- § 117760 “Small quantity generator” means a medical waste generator, other than a trauma scene waste management practitioner, that generates less than 200 pounds per…
- § 117765 “Storage” means the holding of medical wastes, in compliance with the Medical Waste Management Act, including Chapter 9 (commencing with Section 118275), at a…
- § 117770 “Tracking document” means the medical waste tracking document specified in Section 118040.
- § 117771 “Shipping document” means the medical waste shipping document required by the United States Department of Transportation pursuant to Section 172.200 et seq. of…
- § 117775 (a) “Transfer station” means an offsite location permitted by the department where medical waste is loaded, unloaded, stored, or consolidated by a registered…
- § 117776 (a) “Trauma scene” means a location soiled by, or contaminated with, human blood, human body fluids, or other residues from the scene of a serious human…
- § 117778 “Trauma scene waste management practitioner” means a person who undertakes as a commercial activity the removal of human blood, human body fluids, and other…
- § 117780 “Treatment” means any method, technique, or process designed to change or destroy the biological character or composition of any medical waste so as to…
CHAPTER 3. Powers and Duties §§ 117800–117910 · 25 sections
- § 117800 A local agency may implement a medical waste management program by the adoption of an ordinance or resolution by the local governing body, in accordance with…
- § 117805 A local agency that elects to implement a medical waste management program shall notify the department of its intent to do so.
- § 117810 (a) If a local agency does not elect to implement a medical waste management program, the local agency may elect to contract with another local agency to…
- § 117815 Any local agency that has elected to implement a medical waste management program shall maintain a program that is consistent with Section 117820 and the…
- § 117820 A medical waste management program shall include, but not be limited to, all of the following: (a) Issuing medical waste registrations and permits pursuant to…
- § 117825 Each local enforcement agency that elects to implement the medical waste management program may prescribe, by resolution or ordinance, the registration and…
- § 117830 (a) A local agency electing to implement a medical waste management program is the enforcement agency for the jurisdiction where it is located and so…
- § 117835 The department shall establish and maintain a database of persons registered as small quantity generators and as large quantity generators for whom the…
- § 117840 It is the intent of the Legislature that the program carried out pursuant to this part be fully supported from the fees received pursuant to this part.
- § 117845 The department shall implement this part so as to maximize the funds that may be received from the federal government.
- § 117850 Information may be shared between the department and the Environmental Protection Agency.
- § 117855 If the department finds that a local enforcement agency is not consistently fulfilling its responsibilities, the department shall notify the agency of the…
- § 117860 If the department withdraws its designation of a local enforcement agency, the department shall become the enforcement agency within the jurisdiction of the…
- § 117870 If the department identifies significant violations of minimum requirements that were not identified and resolved through previous inspections by the local…
- § 117875 The department shall withdraw a local enforcement agency’s designation pursuant to Section 117860 if it determines that the enforcement agency has failed to…
- § 117880 If the department becomes the enforcement agency, it may charge the fees specified in this part.
- § 117885 (a) There is in the State Treasury the Medical Waste Management Fund, that shall be administered by the director. Money deposited in the fund shall be…
- § 117890 (a) No large quantity generator shall generate medical waste unless the large quantity generator is registered with the enforcement agency pursuant to this…
- § 117895 Registration pursuant to this part shall allow a small quantity generator to generate medical waste at temporary events, including, but not limited to, health…
- § 117900 No person shall haul medical waste unless the person is one of the following: (a) A registered hazardous waste hauler pursuant to the requirements of Chapter…
- § 117903 No person shall treat medical waste unless the person is permitted by the enforcement agency as required by this part or unless the treatment is performed by a…
- § 117904 (a) In addition to the consolidation points authorized pursuant to Section 118147, the enforcement agency may approve a location as a point of consolidation…
- § 117905 The department is the enforcement agency for offsite treatment facilities.
- § 117908 The accumulated medical waste of more than one medical waste generator shall not be stored in a common storage facility unless that facility is registered with…
- § 117910 The department shall provide ongoing technical assistance and guidance to local enforcement agencies to assist them in their decisionmaking processes. This…
CHAPTER 4. Small Quantity Generator Requirements §§ 117915–117946 · 14 sections
- § 117915 Containment and storage of medical waste shall be in accordance with Chapter 9 (commencing with Section 118275).
- § 117918 Medical waste shall be treated using treatment technologies in accordance with Chapter 8 (commencing with Section 118215).
- § 117920 The fee schedule specified in Section 117923 shall be for the issuance of medical waste registrations and for conducting inspections pursuant to this chapter…
- § 117923 (a) The registration and inspection fee for small quantity generators using onsite treatment, including an autoclave, incinerator, or microwave technology, to…
- § 117924 (a) When the department is the enforcement agency, the department shall impose and cause the collection of an annual medical waste generator fee in an amount…
- § 117925 (a) Each small quantity generator using onsite steam sterilization, incineration, or microwave technology to treat medical waste shall register with the…
- § 117928 (a) Any common storage facility for the collection of medical waste produced by small quantity generators operating independently, but sharing common storage…
- § 117930 Small quantity generators that treat waste onsite, pursuant to subdivision (a) of Section 117925, shall register with the enforcement agency prior to the…
- § 117935 A small quantity generator required to register with the enforcement agency pursuant to Section 117930 shall file with the enforcement agency a medical waste…
- § 117938 (a) Small quantity generators using onsite steam sterilization, incineration, or microwave technology to treat medical waste are subject to biennial inspection…
- § 117940 (a) Each enforcement agency shall follow procedures consistent with this chapter in registering medical waste generators. (b) Each medical waste generator…
- § 117943 (a) A medical waste generator required to register pursuant to this chapter shall maintain for a minimum of three years individual treatment operating records,…
- § 117945 (a) A small quantity generator who is not required to register pursuant to this chapter shall maintain on file in its office all of the following: (1) An…
- § 117946 (a) A small quantity medical waste generator or parent organization that employs health care professionals who generate medical waste may transport medical…
CHAPTER 5. Large Quantity Generator Requirements §§ 117950–117995 · 12 sections
- § 117950 (a) Each large quantity generator, except as specified in subdivisions (b) and (c), shall register with the enforcement agency prior to commencement of the…
- § 117960 A large quantity generator required to register with the enforcement agency shall file with the enforcement agency a medical waste management plan, on forms…
- § 117965 Large quantity generators shall be subject to at least annual inspection by the enforcement agency.
- § 117967 (a) Large quantity generators that treat medical waste onsite using steam sterilization, incineration, microwave technology, or other department approved…
- § 117970 (a) Each enforcement agency shall follow procedures consistent with this chapter in registering medical waste generators. (b) Each medical waste registration…
- § 117971 In addition to the fees collected pursuant to Section 117995, the department, in the implementation of this part, shall recover its actual costs for services…
- § 117975 (a) A large quantity medical waste generator required to register pursuant to this chapter shall maintain for a minimum of two years individual treatment…
- § 117976 (a) A large quantity medical waste generator or parent organization that employs health care professionals who generate medical waste may transport medical…
- § 117980 Containment and storage of medical waste shall be in accordance with Chapter 9 (commencing with Section 118275).
- § 117985 Medical waste shall be treated using treatment technologies approved in accordance with Chapter 8 (commencing with Section 118215).
- § 117990 The fee schedule specified in Section 117995 shall be for the issuance of medical waste registrations and onsite medical waste treatment facility permits when…
- § 117995 The registration and annual permit fee for large quantity generators shall be set in following amounts: (a) (1) A general acute care hospital, as defined in…
CHAPTER 6. Medical Waste Haulers §§ 118000–118045 · 9 sections
- § 118000 (a) Medical waste shall only be transported to a permitted medical waste treatment facility, or to a transfer station or another registered generator for the…
- § 118025 All medical waste shall be hauled by a registered hazardous waste hauler, the United States Postal Service, or by a person with an exception granted pursuant…
- § 118027 A person who is authorized to collect solid waste, as defined in Section 40191 of the Public Resources Code, who unknowingly transports medical waste to a…
- § 118029 (a) Haulers of medical waste in California, with the exception of those using a materials of trade exception as specified in Sections 117946 and 117976, and…
- § 118032 A pharmaceutical waste generator or parent organization that employs health care professionals who generate pharmaceutical waste is exempt from the…
- § 118033 The pharmaceutical waste that is separated from medical waste by the generator shall be maintained in a manner to secure the pharmaceutical waste contents from…
- § 118035 For the purpose of transferring medical waste prior to reaching a permitted medical waste treatment facility, medical waste shall not be unloaded, reloaded, or…
- § 118040 (a) Except with regard to sharps waste consolidated by a home-generated sharps consolidation point approved pursuant to Section 117904, a hazardous waste…
- § 118045 (a) The department shall charge an application fee for a permit for a transfer station equal to one hundred dollars ($100) for each hour which the department…
CHAPTER 7. Medical Waste Treatment Facility Permits §§ 118130–118210 · 18 sections
- § 118130 All offsite medical waste treatment facilities and transfer stations shall be permitted and inspected by the department. All onsite medical waste treatment…
- § 118135 Each person operating an offsite medical waste treatment facility shall obtain a permit pursuant to this chapter from the department prior to commencement of…
- § 118140 A health care facility accepting medical waste for treatment from the physicians and surgeons who are on the staff of the facility and who are small quantity…
- § 118145 A health care facility accepting medical waste for treatment from small quantity generators that are adjacent to the facility shall be classified as an onsite…
- § 118147 Notwithstanding any other provision of this chapter, a registered medical waste generator, which is a facility specified in subdivisions (a) and (b) of Section…
- § 118150 Each enforcement agency shall follow procedures that are consistent with the Medical Waste Management Act and the regulations adopted pursuant to this chapter,…
- § 118155 A person required to obtain an offsite medical waste treatment facility permit pursuant to this part shall file with the enforcement agency an application…
- § 118160 (a) Prior to issuing or renewing a permit for an offsite medical waste treatment facility, the department shall review the compliance history of the applicant,…
- § 118165 On and after April 1, 1991, all persons operating a medical waste treatment facility shall maintain individual records for a period of three years and shall…
- § 118170 (a) A medical waste permit issued by the enforcement agency to a medical waste treatment facility shall be valid for five years. (b) An application for renewal…
- § 118175 (a) A medical waste permit may be renewed if the enforcement agency finds the permittee has been in substantial compliance with this part and the regulations…
- § 118180 A person required to obtain a medical waste permit shall, at all times, possess a valid permit for each facility in operation. A medical waste permit shall…
- § 118185 The enforcement agency shall issue a medical waste permit upon evaluation, inspection, or records review of the applicant if the applicant is in substantial…
- § 118190 When issuing, renewing, or revising any treatment facility permit, the enforcement agency may prohibit or condition the handling or treatment of medical waste…
- § 118195 An enforcement agency shall inform an applicant for a medical waste permit, in writing, upon the denial of any application for the permit. Within 20 days after…
- § 118200 The enforcement agency shall evaluate, inspect, and review the records of medical waste treatment facilities for compliance with this part.
- § 118205 The fee schedule specified in Section 118210 shall cover the issuance of medical waste treatment facility permits and an inspection program, when the…
- § 118210 (a) The department shall charge an annual permit fee for an offsite medical waste treatment facility equal to either one hundred twenty-seven ten thousandths…
CHAPTER 8. Treatment §§ 118215–118245 · 8 sections
- § 118215 (a) Except as provided in subdivisions (b) and (c), a person generating or treating medical waste shall ensure that the medical waste is treated by one of the…
- § 118220 Pathology waste of a human nature, as defined in subparagraph (A) of paragraph (2) of subdivision (b) of Section 117690, shall be disposed of by interment,…
- § 118222 (a) Pathology waste that meets the conditions of paragraph (2) of subdivision (b) of Section 117690 and trace chemotherapy waste that meets the conditions of…
- § 118225 (a) Sharps waste shall be rendered noninfectious prior to disposal by one of the following methods: (1) Incineration. (2) Steam sterilization. (3) Disinfection…
- § 118230 An operator of a hazardous waste incinerator permitted pursuant to Section 25200 may also accept medical waste for incineration.
- § 118235 Each medical waste treatment facility issued a medical waste permit shall provide the enforcement agency with an emergency action plan that the facility shall…
- § 118240 Notwithstanding Section 9141 of the Food and Agricultural Code, animals that die from infectious diseases or that are euthanized because they are suspected of…
- § 118245 The department shall charge an application fee for evaluation of an alternative treatment technology of two thousand five hundred dollars ($2,500) and shall…
CHAPTER 9. Containment and Storage §§ 118275–118320 · 12 sections
- § 118275 (a) To containerize or store medical waste, at the point of generation and while collected in that room, a person shall do all of the following: (1) Medical…
- § 118280 To containerize biohazard bags, a person shall do all of the following: (a) The bags shall be tied to prevent leakage or expulsion of contents during all…
- § 118285 To containerize sharps waste, a person shall do all of the following: (a) Place all sharps waste into a sharps container. (b) Tape closed or tightly lid full…
- § 118286 (a) A person shall not knowingly place home-generated sharps waste in any of the following containers: (1) Any container used for the collection of solid…
- § 118290 Any small quantity generator who has properly containerized the medical waste according to the requirements of this article may store the waste in a permitted…
- § 118295 A person shall thoroughly wash and decontaminate reusable rigid containers for medical waste by a method approved by the enforcement agency each time they are…
- § 118300 Any leak or spill of a medical waste by a medical waste generator, hazardous waste hauler, or treatment facility shall be decontaminated by procedures adopted…
- § 118305 A person shall not use reusable pails, drums, dumpsters, or bins used for medical waste for the containment of solid waste, or for other purposes, except after…
- § 118307 Medical waste that is stored in an area prior to transfer to the designated accumulation area, as defined in Section 118310, shall be stored in an area that is…
- § 118310 A designated accumulation area used for the storage of medical waste containers prior to transportation or treatment shall be secured so as to deny access to…
- § 118315 A person shall not use a trash chute to transfer medical waste.
- § 118320 (a) Except as provided in subdivision (b), compactors or grinders shall not be used to process medical waste until after the waste has been treated pursuant to…
CHAPTER 9.5. Trauma Scene Waste Management §§ 118321–118321.6 · 7 sections
- § 118321 (a) This chapter shall be known, and may be cited, as the Trauma Scene Waste Management Act. (b) The Legislature hereby finds and declares that it is in the…
- § 118321.1 (a) A trauma scene waste management practitioner shall register with the department on forms provided by the department. (b) The department shall register a…
- § 118321.2 (a) The department shall maintain an inventory of registered trauma scene waste management practitioners. (b) The department shall submit a list of registered…
- § 118321.3 (a) Notwithstanding Section 117650, the department shall be the sole enforcement agency with regard to the management of trauma scene waste. (b) The…
- § 118321.4 As specified in Section 117705, a trauma scene waste management practitioner who transports trauma scene waste shall be deemed the generator of the trauma…
- § 118321.5 (a) Trauma scene waste shall be removed from the trauma scene immediately upon completion of the removal phase of a trauma scene waste removal operation. (b)…
- § 118321.6 (a) This chapter does not limit or abridge the jurisdiction of the Division of Occupational Safety and Health of the Department of Industrial Relations. (b)…
CHAPTER 10. Enforcement §§ 118325–118345 · 5 sections
- § 118325 (a) (1) An enforcement agency, district attorney, county counsel, city attorney, or city prosecutor may bring an action to enjoin the violation, or threatened…
- § 118330 (a) Whenever the enforcement agency determines that a violation or threatened violation of this part or the regulations adopted pursuant to this part has…
- § 118335 (a) In order to carry out the purpose of this part, any authorized representative of the enforcement agency may do any of the following: (1) Enter and inspect…
- § 118340 (a) No person shall, transport, store, treat, dispose, or cause the treatment or disposal of medical waste in a manner not authorized by his or her permit or…
- § 118345 (a) Any person who intentionally makes any false statement or representation in any application, label, tracking document, record, report, permit,…
CHAPTER 11. Suspension or Revocation §§ 118350–118360 · 3 sections
- § 118350 The enforcement agency may suspend, amend, or revoke any medical waste permit issued by the enforcement agency for any of the following reasons: (a) Violation…
- § 118355 Proceedings conducted by the department for the suspension or revocation of a medical waste permit shall commence with the filing of any accusation and shall…
- § 118360 The enforcement agency may temporarily suspend a medical waste permit prior to any hearing, when it has determined that this action is necessary to protect the…