Medical WasteDefinitions
Section § 117625
This law section states that the definitions provided in this article should be used to understand and interpret this part of the law, unless the situation clearly requires a different interpretation.
Section § 117630
This California law defines what a biohazard bag is and sets rules for their use in handling medical waste. A biohazard bag is a disposable bag designed to contain medical waste. When these bags are used with USDOT-approved containers for transport, they must pass specific tests for tear and impact resistance, as outlined by ASTM standards. The bags used inside facilities must pass at least the ASTM dart drop test, and those used for transport must meet more stringent standards. Additionally, these bags generally need to be red, but yellow bags are for chemotherapy waste and white bags for pathology waste. The bags must also feature a biohazard symbol and can have additional USDOT-required labels.
Section § 117636
This section defines a 'chemotherapeutic agent' as a substance that can destroy or stop the growth of cancer cells. It specifically excludes anti-inflammatory and antibiotic medications, which are used in veterinary medicine to treat cancer cells.
Section § 117637
Section § 117640
A "common storage facility" is a specific area located on the premises where small businesses or entities store medical waste temporarily. This area is meant for waste that will later be picked up by a licensed hazardous waste company.
Section § 117645
Section § 117647
This section defines what it means for a container or tubing, especially ones that held liquid or solid materials like chemotherapeutic agents, to be considered 'empty'.
For containers that held pourable materials, they are empty when no more liquid can be poured out, even if the container is tilted or turned upside down.
For containers that held non-pourable materials, they're empty if no material is left that can reasonably be scraped out.
Section § 117650
This section clarifies that an "enforcement agency" refers to either the department or a local agency that oversees and manages this particular part of the law.
Section § 117655
This law section defines who is considered an "enforcement officer" in the context of environmental health. It includes the director and various health officers, as well as registered specialists and trainees working under them or their appointed representatives.
Section § 117657
In this law, "Fund" refers to the Medical Waste Management Fund that is established under a different section, specifically Section 117885.
Section § 117660
This law defines a "hazardous waste hauler" as a person who is officially registered to transport hazardous waste following specific California regulations and statutes.
Section § 117662
This section defines a 'health care professional' as anyone who is licensed or certified under certain divisions of the Business and Professions Code, including those practicing osteopathy and chiropractic.
Section § 117665
This section defines 'highly communicable diseases' as those diseases caused by organisms categorized as risk group 3 or higher by the CDC. This classification indicates these diseases are highly contagious and potentially dangerous.
Section § 117670
Household waste refers to materials like garbage, trash, and sanitary wastes from septic tanks and medical waste that come from homes, farms, or ranches. However, it does not include waste from trauma scenes.
Section § 117671
The term 'home-generated sharps waste' refers to items like needles and lancets that households use to deliver medications by piercing the skin. This includes needles from single-family or multifamily residences.
Section § 117672
An "industrial hygienist" is someone who meets the specific educational criteria set by an industrial hygiene certification group and has at least one year of experience practicing industrial hygiene, as defined by other parts of the Business and Professions Code.
Section § 117675
This section defines an 'infectious agent' as a microorganism like bacteria, mold, parasites, or viruses. It's specifically about those that usually cause higher illness or death rates in humans. This includes organisms classified under Biosafety Levels II, III, or IV by the CDC.
Section § 117680
This law defines a 'large quantity generator' as a medical waste generator, excluding trauma scene waste management practitioners, that produces 200 or more pounds of medical waste in a single month at any point during a year.
Section § 117685
This law defines a "local agency" as either the local health department or the local comprehensive environmental agency within a county. It specifies that these agencies must be in a county that has chosen to adopt local rules to manage and enforce the respective regulations.
Section § 117690
This section defines what qualifies as 'medical waste' not covered by federal hazardous waste laws. Medical waste includes things like biohazardous waste, pathology waste, pharmaceutical waste, sharps waste (like needles), and trace chemotherapy waste. It's created in healthcare settings during diagnosis and treatment, or when preparing bodies for burial. Other sources include research labs, autopsies, or trauma scenes. The law explains specific categories of waste such as biohazardous (which includes infectious waste from treatment or research), pathology (like human or animal body parts), and sharps (objects that can pierce the skin). Trace chemotherapy waste is contaminated items associated with cancer treatment. Certain wastes, such as pharmaceuticals involved in reverse distribution, are excluded from this definition.
Section § 117695
If medical waste is treated following the rules of the Medical Waste Management Act and it's not hazardous, it will then be classified as regular solid waste, not medical waste.
Section § 117700
This law outlines what is NOT considered medical waste in California. It specifies that waste from food processing and biotechnology that doesn't have infectious agents isn't medical waste. Also excluded is biotechnology waste without human or animal blood suspected of infections. Bodily fluids like urine and saliva aren't medical waste unless they contain visible blood. Non-biohazardous materials like paper towels and general medical waste aren't medical waste either. Hazardous, radioactive, or household waste, including needles from homes, aren't considered medical waste. Finally, waste from typical farm and veterinarian practices isn't medical waste unless stated by other laws.
Section § 117705
Section § 117710
This section explains that a "medical waste management plan" is a required document for facilities generating medical waste. It details how the waste will be sorted, handled, stored, packaged, treated, or shipped. The plan must adhere to specific rules based on whether the facility is a small or large quantity generator, and should use forms from the enforcement agency if available.
Section § 117715
A "medical waste permit" is a permit given by a designated enforcement agency to facilities that treat medical waste.
Section § 117720
This section defines 'medical waste registration' as the official approval given by an enforcement agency to facilities or entities that produce medical waste.
Section § 117725
This law defines what a 'medical waste treatment facility' is. It includes all land, buildings, and other related structures used for handling and treating medical waste from outside sources. Additionally, it clarifies that the land is considered under the facility's control if it is owned, rented, or managed through a contract.
Section § 117730
Mixed waste refers to combinations of medical and nonmedical waste, but not all mixed waste is considered only medical waste. If medical waste is combined with hazardous waste, it is treated and regulated as hazardous waste. Similarly, if medical waste is mixed with radioactive waste, it is treated and regulated as radioactive waste. When waste is a combination of medical, hazardous, and radioactive waste, it is managed as both hazardous and radioactive waste under respective regulations.
Section § 117735
This section defines the term "offsite" as any location that is not considered to be onsite. It's simply distinguishing between locations within a particular site and those that are outside of it.
Section § 117740
This section defines some key terms about medical waste facilities. "Onsite" refers to a place where medical waste is treated or stored, and it must be on the same property or nearby the area where the waste is originally generated. "Adjacent" means the nearby property must be within 400 yards of the medical waste facility's boundary.
Section § 117742
This law defines a 'parent organization' as a group that hires or partners with health care professionals to offer medical services at places not listed under certain health care facility rules.
Section § 117745
This section of the law explains that the term "person" is very broad. It doesn't just mean an individual human but also covers things like businesses, partnerships, companies, governments, and even specific institutions and agencies, such as universities and interstate bodies.
Section § 117747
This section defines what counts as a 'pharmaceutical' for specific legal purposes. It includes both prescription and over-the-counter drugs for humans and animals. However, it does not include drugs regulated as hazardous waste under federal laws like the Resource Conservation and Recovery Act or those managed under California's Radiation Control Law.
Section § 117750
This law explains that a 'sharps container' is a strong, puncture-resistant container that is used in healthcare or research to safely dispose of medical needles and other sharp objects. It must meet U.S. FDA standards to be approved as a medical device for this purpose.
Additionally, these containers, even those used for trace amounts of chemotherapy waste, are not allowed to have a plastic bag or inner liner inside them.
Section § 117760
This law defines a 'small quantity generator' as any medical waste generator that produces less than 200 pounds of medical waste each month, excluding those who handle trauma scene waste.
Section § 117765
This law defines 'storage' as the process of holding medical waste in accordance with the Medical Waste Management Act. It includes keeping waste in specific areas like an accumulation area, offsite consolidation point, transfer station, or other registered facilities, as well as in stationary vehicles.
Section § 117770
A "tracking document" is a specific form used to track medical waste as outlined in Section 118040.
Section § 117771
This law defines a "shipping document" specifically for medical waste. It refers to the paperwork needed when transporting medical waste either by road, according to US Department of Transportation rules, or by mail, according to US Postal Service rules, to ensure hazardous materials, like medical sharps, are handled properly.
Section § 117775
This section clarifies what a 'transfer station' is concerning medical waste. It describes a transfer station as an offsite location where medical waste is handled by a registered hazardous waste hauler during transport. This doesn’t include any facilities located on the site where the medical waste was generated, such as storage or treatment facilities used by the medical waste producer.
Section § 117776
This law defines what a “trauma scene” is. A trauma scene is a place that has been contaminated with human blood or body fluids, or contains residues from a serious injury, illness, or death.
This can include any location, even those that are mobile, like trailers, mobile homes, or vehicles.
Section § 117778
A "trauma scene waste management practitioner" is someone who professionally removes human blood, body fluids, and related residues from the location of a serious injury, illness, or death. They must also be registered with the relevant department as required by law.
Section § 117780
This law defines "treatment" as any method used to alter or destroy medical waste to prevent it from spreading disease or harming the environment or public. It refers to specific rules on this process starting in Chapter 8 of the Health and Safety Code.