HB-4458, As Passed House, April 30, 2009
February 24, 2009, Introduced by Rep. Miller and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 1104 and 13815 (MCL 333.1104 and 333.13815),
section 1104 as amended by 1996 PA 307 and section 13815 as added
by 1990 PA 21.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1104. (1) "Acknowledgment of parentage" means an
acknowledgment executed as provided in the acknowledgment of
parentage act.
(2)
"Administrative procedures act of 1969" means Act No. 306
of
the Public Acts of 1969, being sections 24.201 to 24.328 of the
Michigan Compiled Laws, or a successor act 1969 PA 306, MCL 24.201
to 24.328.
(3) "Adult" means an individual 18 years of age or older.
(4)
"Code" means the public health code this act.
(5) "Department", except as provided in section 13815 and
article
15, means the state department of community health.
(6) "Director", except as provided in article 15, means the
state
director of the department of community health.
(7) "Governmental entity" means a government, governmental
subdivision or agency, or public corporation.
Sec.
13815. A producing facility shall submit the following
registration
fee with the registration form required under section
13813:
(a)
For a producing facility that is a health facility or
agency
other than a hospital described in subdivision (b) and for a
producing
facility that is not a health facility or agency, a
registration
fee of $75.00.
(b)
For a producing facility that is a health facility or
agency
that is a hospital with 150 or more licensed beds or a
clinical
laboratory, a registration fee of $150.00.
(1) Except as provided under subsection (2), a person shall
not operate as a trauma scene waste management practitioner unless
the person is registered under this section.
(2) A person operating as a trauma scene waste management
practitioner immediately before the effective date of the
amendatory act that added this subsection may continue to operate
as a trauma scene waste management practitioner, subject to all of
the following:
(a) Within 30 days after the effective date of the amendatory
act that added this subsection, the person shall notify the
department that the person is operating and intends to continue to
operate as a trauma scene waste management practitioner.
(b) By the date prescribed by the department, the person shall
submit to the department an application for registration. Upon
receipt of the application, the department shall proceed in the
manner prescribed in subsection (4).
(c) The person shall immediately cease operation as a trauma
scene waste management practitioner upon receipt of a notice that
its application for registration under subdivision (b) has been
denied. A person who receives a notice that its application for
registration has been denied may reapply, and the department shall
proceed in the manner prescribed in subsection (4).
(3) A person shall apply or reapply for registration under
this section, including registration renewal under subsection (5),
on a form and in the manner prescribed by the department. The
person shall submit all of the following with the application:
(a) A registration fee of $75.00.
(b) A written trauma scene waste management plan that meets
the requirements of subsection (8).
(c) Proof of financial responsibility for bodily injury,
property damage, or environmental damage to third parties caused by
accidental occurrences arising from the trauma scene waste cleanup
and transport activities of the trauma scene waste management
practitioner.
(d) A fee prescribed by the department to cover the expense of
a background check if required under subsection (4).
(4) Upon receipt of a complete application for registration
under this section and the applicable fee or fees, the department
shall cause to be conducted a background check of all individuals
listed in the application as being the owners, officers, directors,
partners, or other key employees of the trauma scene waste
management practitioner. The department shall determine whether any
information received as a result of the background check makes the
trauma scene waste management practitioner ineligible to be
registered under this section and, if so, shall not register the
person. The department shall notify the person that its application
for registration has been denied under this section and include the
reasons for the denial. A person who receives a notice that its
application for registration has been denied under this subsection
may reapply under subsection (3), and the department shall proceed
in the manner prescribed in this subsection on the application as
if it were a new application. If the department determines that the
applicant is able to engage in the cleanup, handling, and transport
of trauma scene waste in a manner that will protect the public
health, safety, and welfare and the environment, the department
shall issue a certification of registration to the applicant under
this section.
(5) A certificate of registration issued under this section is
valid for 3 years from the date of issuance. A trauma scene waste
management practitioner shall comply with any rules promulgated by
the department to obtain a renewal registration under this section.
The department shall act on a renewal registration application in
the same manner as a new application under subsection (4).
(6) Fees collected pursuant to this section shall be forwarded
to the state treasurer and deposited in the fund.
(7) Within 90 days after the effective date of the amendatory
act that added this subsection and on a continuing basis, the
department, in consultation with the trauma scene waste management
industry and the health care industry, shall establish the
following standards:
(a) Documentation of personal protection required to be
provided for and used by employees of trauma scene waste management
practitioners to minimize exposure to infectious agents throughout
the process of handling and transporting trauma scene waste.
(b) Technologies, chemicals, and procedures appropriate for
cleaning and disinfecting a trauma scene.
(c) Procedures and equipment appropriate for removing,
storing, transporting, and disposing of trauma scene waste.
(d) Other standards as necessary.
(8) A trauma scene waste management practitioner shall develop
a trauma scene waste management plan. The trauma scene waste
management plan shall specifically describe how each of the
standards under subsection (7) will be implemented by the trauma
scene waste management practitioner.
(9) A trauma scene waste management practitioner shall update
its trauma scene waste management plan every year or within 30 days
of a change in any of the following:
(a) A person or site named in the plan.
(b) The types of trauma scene waste handled or the methods of
handling trauma scene waste.
(10) A trauma scene waste management practitioner shall comply
with its trauma scene waste management plan and shall transport
trauma scene waste to a producing facility that decontaminates or
incinerates medical waste for treatment or disposal. A trauma scene
waste management practitioner shall not store trauma scene waste on
its premises for more than 7 days. A trauma scene waste management
practitioner shall package medical waste in the manner described in
section 13821 and as otherwise prescribed by the department.
(11) The department may inspect a trauma scene waste
management practitioner in either a routine or unannounced manner
in order to determine whether the trauma scene waste management
practitioner should be registered or to investigate a complaint.
The department may deny, suspend, or revoke registration if the
department determines that the trauma scene waste management
practitioner is not able to engage in the cleanup, handling, and
transport of trauma scene waste in a manner that will protect the
public health, safety, and welfare and the environment. The
department shall provide notice under section 92 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.292, and
an opportunity for a contested case hearing under chapter 4 of the
administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to
24.287, before suspending or revoking a registration under this
subsection.
(12) Sections 13813 and 13817 do not apply to a trauma scene
waste management practitioner. However, a trauma scene waste
management practitioner shall make its trauma scene waste
management plan available to the department in the same manner as
required for a medical waste management plan under section 13817(4)
and (5).
(13) The department shall post and maintain on its website a
current list of registered trauma scene waste management
practitioners. Upon request, the department shall provide a person
with a current list of registered trauma scene waste management
practitioners.
(14) As used in this section, "department" means the
department of energy, labor, and economic growth.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4459(request no.
01061'09) of the 95th Legislature is enacted into law.