This part shall be known and may be cited as the Medical Waste Management Act.
Medical WasteGeneral Provisions
Section § 117600
This section announces the official name of a law dealing with how medical waste is handled, which is called the Medical Waste Management Act.
Medical Waste Management medical waste waste handling
Section § 117605
This law outlines how medical waste should be managed and tracked at the places where it's created, during transportation, and at facilities that process it. It aligns with federal standards for transporting medical waste on public roads and through the mail. The law required a report to be submitted to the Legislature by January 1, 2016, detailing how federal and state laws interact regarding medical waste transport. The law also allows the department to update transportation standards without going through formal procedures if they match federal standards. If there's a conflict between state and federal rules, the state may temporarily follow federal regulations until the issue is resolved. Local regulations on infectious waste, existing before 1990, are not overridden by this law, and can be updated as needed in line with state rules.
(a)CA Health & Safety Code § 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 governs the tracking of medical waste beyond what is required in federal shipping documents and regulates aspects of the transport of regulated medical waste.
(b)CA Health & Safety Code § 117605(b) Sections 173.196 and 173.197 of Title 49 of the Code of Federal Regulations impose standards for the transportation of medical waste on public roads and highways while in transport, unless an affected person applies to, and receives a determination of any perceived conflict from, the United States Secretary of Transportation. Domestic Mail Manual 601.10.17.5
(Mailability: Hazardous Materials: Sharps and Other Mailable Regulated Medical Waste) imposes standards for the transportation of medical waste through the mail and approves medical waste mail back systems.
(c)CA Health & Safety Code § 117605(c) The department shall submit to the Legislature by no later than January 1, 2016, a report describing the interaction of federal and state law for the transport of regulated medical waste. The department shall convene a stakeholder group that includes, but is not limited to, small and large quantity generators, haulers, transfer station operators, treatment facility operators, local enforcement agencies, retailers, and other affected entities for this purpose. The reporting requirement imposed by this subdivision shall expire as of January 1, 2016, or when the report is submitted to the Legislature. The report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(d)CA Health & Safety Code § 117605(d) The department may, in its discretion, update standards related to the transportation of medical waste during transit through a guidance document provided to regulated entities and posted on the department’s Internet Web site. This guidance document shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to the extent that the department finds that the updated standards are consistent with the standards of the United States Department of Transportation.
(e)CA Health & Safety Code § 117605(e) If an affected person, including the department, seeks a preemption determination pursuant to Section 5125 of Title 49 of the United States Code or by a court of competent jurisdiction, the department may, in its discretion, temporarily waive the state transportation requirements under this part until that determination is
made and shall provide notice of the waiver on its Internet Web site.
(f)CA Health & Safety Code § 117605(f) During the period of temporary waiver described in subdivision (e), or if preemption is found, the federal requirements shall be deemed to be the law of this state and enforceable by the department. The department may enforce these federal requirements by providing an updated guidance document to interested parties and posting the updated guidance document on the department’s Internet Web site.
(g)CA Health & Safety Code § 117605(g) The Medical Waste Management Act does not preempt any local ordinance regulating infectious waste, as that term was defined by Section 25117.5 as it read on December 31, 1990, if the ordinance was in effect on January 1, 1990, and regulated both large and small quantity generators. Any ordinance may be amended in a manner that is consistent with this part.
medical waste management tracking medical waste waste transportation standards
Section § 117610
This law requires a department to create rules that set consistent statewide standards for how this part is applied and managed. The goal is to promote reducing waste and minimizing its sources.
The department shall adopt regulations that will establish and ensure statewide standards for uniformity in the implementation and administration of this part and that will promote waste minimization and source reduction.
regulations statewide standards uniformity
Section § 117615
This law section allows for local governments in California to enforce stricter health regulations than the state law requires, but only if they get approval from the director and it's deemed in the interest of public health. These tougher rules can be in place for a specific amount of time.
Notwithstanding Section 117605, with the approval of the director, and in the interest of public health, a local ordinance providing more stringent requirements than specified in this part may be implemented for a specified time period.
local ordinance stricter health regulations public health
