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 13805, 13807, 13809, 13810, 13811, 13813,
13817, 13819, 13821, 13823, 13825, 13827, 13829, 13830, and 13831
(MCL 333.13805, 333.13807, 333.13809, 333.13810, 333.13811,
333.13813, 333.13817, 333.13819, 333.13821, 333.13823, 333.13825,
333.13827, 333.13829, 333.13830, and 333.13831), sections 13805,
13807, 13809, 13810, and 13811 as added by 1990 PA 21, sections
13813, 13817, 13819, 13823, 13825, 13827, 13829, 13830, and 13831
as added by 1990 PA 18, and section 13821 as amended by 1996 PA 67,
and by adding sections 13812, 13820, 13832, and 13833.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
13805. (1) "Advisory council" means the interdepartmental
medical
waste advisory council created in section 13827.
(1) "Alternative treatment technology" means a method for the
decontamination of medical waste other than incineration.
(2)
"Autoclave" means to sterilize using a vessel used to
decontaminate medical waste by superheated steam under pressure.
(3) "Biohazard symbol" means the symbol depicted in 29 CFR
1910.1030.
(4) "Body art facility" means a facility that practices
physical human body adornment by an operator utilizing body
piercing, branding, tattooing, or permanent cosmetics. As used in
this subsection:
(a) "Body piercing" means the perforation of human tissue,
other than an ear, for a nonmedical purpose.
(b) "Branding" means making a permanent mark on human tissue
by burning with a hot iron or other instrument.
(c) "Tattooing" means 1 or more of the following:
(i) Making an indelible mark upon the human body by the
insertion of a pigment under the skin.
(ii) Making an indelible mark upon the human body by production
of scars other than by branding.
(5)
(3) "Decontamination" means rendering the process of
reducing potential infectious agents in medical waste to render it
safe for routine handling as solid waste.
(6) "Department" means the department of environmental quality
or its authorized representative.
(7) (4)
"Fund" means the medical
waste emergency response fund
created in section 13829.
(8) (5)
"Health facility or
agency" means that term as defined
in section 20106.
(9) (6)
"Household" means a
single detached dwelling unit or a
single unit of a multiple dwelling.
(10) (7)
"Infectious agent" means
a pathogen that is
sufficiently
virulent so that if a susceptible host is exposed to
the
pathogen in an adequate concentration and through a portal of
entry,
the result could be transmission of disease to a human can
cause disease in humans.
(11) "Laboratory" means any of the following that generates
medical waste:
(a) A research facility.
(b) An analytical facility.
(c) A clinical facility that performs analysis or research.
(12) "Landfill" means a municipal solid waste landfill as that
term is defined in R 299.4104 of the Michigan administrative code.
(13) (8)
"Medical waste" means any
of the following: that are
not
generated from a household, a farm operation or other
agricultural
business, a home for the aged, or a home health care
agency:
(a) Cultures and stocks of infectious agents and associated
biologicals
toxins, including,
but not limited to, laboratory
waste, biological production wastes, discarded live and attenuated
vaccines, culture dishes, and related devices.
(b) Liquid human and animal waste, including blood and blood
products and body fluids, but not including urine or materials
stained with blood or body fluids.
(c) Pathological waste.
(d) Sharps.
(e)
Contaminated wastes Wastes
from animals used in research
that
have been exposed to agents an
infectious to humans agent,
these
being primarily research animals including,
but not limited
to, carcasses, body parts, blood, body fluids, or other material
contaminated with the infectious agent.
(f) Trauma scene waste.
Sec.
13807. (1) "Pathogen" means a microorganism that produces
disease.
(1) (2)
"Pathological waste"
means trauma scene waste or human
organs, tissues, body parts other than teeth, products of
conception,
and fluids that are removed by trauma or during
surgery, or
autopsy, or other medical procedure, and that are not
fixed in formaldehyde or other fixative agent. A specific organ,
body part, or tissue removed by trauma or during surgery, autopsy,
or other medical procedure that is not known to be or is not highly
likely to be contaminated with an infectious agent and that is
requested by an individual to be returned for religious, ethnic, or
personal reasons is not pathological waste.
(2) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(3) "Point of generation" means the point at which medical
waste leaves the producing facility site.
(4) "Producing facility", subject to subsection (5), means a
facility that generates, stores, removes, decontaminates, or
incinerates
transports medical waste, . including, but not limited
to, all of the following:
(a) A transfer station where medical waste is stored.
(b) A trauma scene waste management practitioner.
(5) "Producing facility" does not include the following:
(a) A funeral home that does not practice embalming and does
not generate medical waste.
(b) A home heath care agency.
(c) A residence.
(d) A farm operation or other agricultural business.
(e) A facility licensed by the department of human services
that provides residential care services, such as adult and child
foster family and group homes, child day care centers, child care
institutions, child or adult foster care camps, and homes for the
aged.
(6) "Public sharps collection program" means a program
operated by a public authority or nonprofit organization designed
to assist a person who uses sharps in his or her home to safely
dispose of discarded sharps only.
(7) (5)
"Release" means any
spilling, leaking, pumping,
pouring, emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing of medical waste into the
environment in violation of this part.
(8) (6)
"Response activity" means
an activity necessary to
protect
the public health, safety, or welfare
, and or the
environment, and includes, but is not limited to, evaluation,
cleanup, removal, containment, isolation, treatment, monitoring,
maintenance, replacement of water supplies, and temporary
relocation of people.
(9) (7)
"Sharps" means needles,
syringes, scalpels, and
intravenous
tubing with needles attached any
object generated as
waste at a producing facility that is designed for, capable of, or
intended to cut or penetrate the skin. This includes, but is not
limited to, a needle, syringe with an attached needle, scalpel,
lancet, broken vaccine vial, culture slide or dish, capillary tube,
and intravenous tubing with a needle attached.
(10) (8)
"Storage" means the
containment of medical waste in a
manner that does not constitute disposal of the medical waste.
(11) (9)
"Transport" means the
movement of medical waste from
the point of generation or from a trauma scene to any intermediate
point and finally to the point of treatment or disposal. Transport
does not include the movement of medical waste from a health
facility or agency to another health facility or agency for the
purposes of testing and research.
(12) "Trauma scene" means a premises or vehicle contaminated
with medical waste due to, but not limited to, human injury,
trauma, or death.
(13) "Trauma scene waste" means medical waste generated at a
trauma scene.
(14) "Trauma scene waste management practitioner" means a
person who undertakes as a commercial activity the cleanup,
removal, transport, or disposal of trauma scene waste from a trauma
scene.
(15) "USDOT" means the United States department of
transportation.
Sec.
13809. A producing facility that does not incinerate
decontaminate
medical waste on site shall do ensure that all of the
following requirements are met to contain medical waste:
(a)
Package, contain, and locate medical Medical waste is
packaged, contained, and located in a manner that protects and
prevents the medical waste from release at the producing facility
or at any time before ultimate disposal.
(b)
Separate the categories of At
the point of origin, medical
waste
at the point of origin is
sorted and separated by type as
listed
in section 13805(13) into appropriate
containers. that are
labelled
as required under subdivision (c).
(c)
Label the containers Containers
required under subdivision
(b)
with a biohazard symbol or the words "medical waste" or
"pathological
waste" in letters not less than 1 inch high are
labeled or marked before transport in accordance with USDOT
regulations as specified in 49 CFR part 172, subparts D and E.
(d)
Not compact or mix medical waste with other waste
materials
before decontamination, incineration, and disposal.
(e)
If decontaminated medical waste is mixed with other solid
waste,
clearly label the container to indicate that it contains
decontaminated
medical waste.
(d) Medical waste that is being packaged for final
decontamination or disposal is segregated from other waste
materials.
(e) (f)
Store medical Medical waste is
stored in such a manner
that prevents putrefaction and also prevents infectious agents from
coming in contact with the air or with individuals.
(f) (g)
If medical waste is stored outside
of the producing
facility,
store the medical waste is
stored in a secured area or
locked
in a container that weighs more than 500 pounds, and prevent
access to the area or container by vermin or unauthorized
individuals is prevented.
(g) (h)
Not store medical Medical waste is
not stored on the
premises of the producing facility for more than 90 days. The
storage period begins when the use of the storage container is
initiated. However, if a producing facility generates only sharps
as medical waste and generates 1 liter or less of sharps waste in a
90-day period, the 90-day storage period begins when the sharps
container becomes full, except that a partially full sharps
container shall be disposed of within 1 year after sharps are first
placed in the container.
(h) Transfer station storage containers are not stored for
more than 7 days without the approval of the department.
(i) Trauma scene waste being transported in a trauma scene
vehicle is stored so that it is physically separated by partition
or compartments and does not present a cross-contamination hazard
to the decontamination equipment and supplies stored and
transported in the same vehicle.
(j) Medical waste is packaged and transported in accordance
with applicable USDOT hazardous material regulations under 49 CFR
parts 171 to 180.
(k) USDOT medical waste shipping paper records are retained in
accordance with applicable USDOT hazardous material regulations
under 49 CFR parts 171 to 180.
Sec.
13810. A producing facility that incinerates
decontaminates
medical waste on site shall do ensure that all of
the following requirements are met to contain medical waste:
(a)
Package, contain, and locate medical Medical waste is
packaged,
contained, and located in a matter manner that
protects
and prevents the medical waste from release at the producing
facility or at any time before ultimate disposal.
(b)
Separate and dispose of sharps in the manner described in
section
13811(d).
(b) Medical waste is sorted and separated by type as listed in
section 13805(13) into appropriate containers.
(c)
Label the containers Containers
required under subdivision
(a)
(b) are labeled with a biohazard symbol or the words "medical
waste" or "pathological waste" in letters not less than 1 inch
high.
(d)
Not store medical Medical waste is
not stored on premises
of the producing facility for more than 90 days.
(e) Sharps are separated and disposed of in the manner
described in section 13811(1)(d).
Sec.
13811. (1) A producing facility shall store,
decontaminate,
and dispose of ensure that medical waste is
decontaminated and disposed of pursuant to all of the following
requirements:
(a) Cultures and stocks of material contaminated with an
infectious
agent shall be are stored in closed, puncture-resistant
containers,
decontaminated by autoclaving or incineration use of an
autoclave
or incinerator, and disposed of in a sanitary
landfill,
or are subjected to a decontamination and disposal process approved
by the department.
(b)
Blood, and blood products, and
body fluids shall be are
disposed of by 1 or more of the following methods:
(i) Flushing down a sanitary sewer.
(ii) Decontaminating by autoclaving or incineration.
(iii) Solidifying.
(iv) If not in liquid form, transferring to a sanitary
landfill.
(ii) Decontamination, by use of an autoclave or incinerator,
and disposal in a landfill.
(iii) Solidification then decontamination, by use of an
autoclave or incinerator, and disposal in a landfill.
(iv) (v) A decontamination and disposal process approved by the
department.
(c)
Pathological waste shall be is
disposed of by 1 or more of
the following methods:
(i) Incineration or cremation.
(i) Incineration and disposal in a landfill.
(ii) Cremation.
(iii) (ii) Grinding
and flushing into a sanitary sewer.
(iv) (iii) Burial
in a cemetery , if packaged and transported in
leakproof
containers of sufficient integrity to prevent rupture
accordance with USDOT requirements.
(iv) Grinding until rendered unrecognizable, stored in
closed,
puncture-resistant,
properly labeled containers, and, if not in
liquid
form, disposed of in a sanitary landfill.
(v) A decontamination and disposal process approved by the
department.
(d)
Sharps shall be are disposed of by 1 of the following
methods:
(i) Placement in rigid, puncture-resistant containers
that are
appropriately
labeled and transported to a sanitary landfill in a
manner
that retains the integrity of the container.
(ii) Incineration or decontamination and grinding that
renders
the
objects unrecognizable. Ground sharps shall be placed in a
sealed,
rupture-resistant container and transported to a sanitary
landfill.
(i) Disposal in a landfill if packaged and transported in
accordance with USDOT requirements.
(ii) Decontamination, by use of an autoclave or incinerator,
and disposal in a landfill.
(iii) A decontamination and disposal process approved by the
department.
(e)
Animal waste contaminated with organisms infectious to
humans
shall be an infectious agent is
disposed of by incineration
or
by burial in a sanitary landfill in properly labeled, double
containers
that are leakproof and puncture-resistant and are
tightly
sealed to prevent escape of fluids or material.
Contaminated
animal organs disposed of separately shall be rendered
unrecognizable.
1 of the following methods:
(i) Decontamination, by use of an autoclave or incinerator, and
disposal in a landfill.
(ii) Disposal in a landfill if packaged and transported in
accordance with USDOT requirements.
(iii) A decontamination and disposal process approved by the
department.
(2) A medical waste treatment technology used by a producing
facility to meet the requirements of subsection (1) shall attain a
minimum level of decontamination to protect public health, safety,
and welfare and the environment as established by rules promulgated
by the department.
Sec. 13812. (1) A medical waste treatment technology shall not
be installed or used unless the technology has been reviewed and
approved by the department. The department shall review the
technology for compliance with this part and rules promulgated
under this part.
(2) The department shall provide an application form for
evaluation and review of the medical waste treatment technology to
the manufacturer upon request. This application shall be completed
and submitted to the department with supportive documentation as
part of the request for review and approval. The department shall
review the application and supportive documentation. The department
shall approve the application if the technology complies with this
act and rules promulgated under this act. Otherwise, the department
shall deny the application. If the application is denied, the
department shall specify the reasons for the denial and what
additional information is needed to approve the application.
(3) The manufacturer shall provide to the department the name
and address of each producing facility where the approved medical
waste treatment technology will be installed. The equipment shall
not be used until on-site efficacy and validation testing are
successfully completed. Approval of a treatment technology by the
department under this part is for the use of the technology as a
medical waste treatment method only. The producing facility is
responsible for securing any other permits or required approvals
needed for the technology from other agencies or department
programs.
Sec.
13813. (1) Each A producing facility shall register with
the
department on a form prescribed by the department. A producing
facility
shall have a written medical waste management plan that
contains
information required in section 13817 on file on the
premises
within 90 days after registration.
(2) A producing facility shall submit the following
registration fee with the registration form:
(a)
For a producing facility that is a private practice office
with fewer than 4 licensees or registrants under article 15 who are
physicians, physician assistants, dentists, podiatrists, certified
nurse practitioners, certified nurse midwives, acupuncturists, or
veterinarians employed by, under contract to, or working at the
producing facility, a registration fee of $50.00.
(b) For a producing facility that is a private practice office
with 4 or more licensees or registrants under article 15 who are
physicians, physician assistants, dentists, podiatrists, certified
nurse practitioners, certified nurse midwives, acupuncturists, or
veterinarians employed by, under contract to, or working at the
producing
facility, a registration fee of $20.00 for each licensee,
up
to a maximum total registration fee
of $80.00.
(c) Except as provided in subdivision (d), for a producing
facility that is a health facility or agency, a registration fee of
$75.00.
(d) For a producing facility that is a hospital with 150 or
more licensed beds or a clinical laboratory, a registration fee of
$150.00.
(e) For a producing facility that is not a health facility or
agency, including, but not limited to, a body art facility, medical
waste treatment facility, medical waste collection and transport
company, blood draw station, blood or blood product collection
facility, funeral home, animal control shelter, pharmacy, school
district, or ambulance operation, a registration fee of $75.00.
(3) A mobile health care unit, such as a bloodmobile, that is
owned and operated by a registered producing facility in a fixed
location is considered to be included under the registration of the
registered facility.
(4) (3)
Upon receipt of a complete
registration form and
registration
fee under this section, or section 13815, the
department shall issue a certificate of registration to the
producing facility unless the department determines that the
producing facility is not in compliance with this part or rules
promulgated under this part. A certificate of registration issued
under this section is valid for 3 years from its date of issuance.
The
department shall investigate each complaint received and may
inspect
a producing facility registered under this section pursuant
to
the receipt of a complaint.
(5) (4)
Registration fees collected
pursuant to this section
and
section 13815 shall be forwarded to
the state treasury
treasurer
and deposited pursuant to section
13829 in the fund.
(6) A public sharps collection program shall register as a
medical waste producing facility but is exempt from payment of any
registration fee under this section.
Sec. 13817. (1) A producing facility shall have a written
medical waste management plan on file on the premises within 90
days after registration as a producing facility. The medical waste
management
plan required in section 13813 shall contain information
relating to the handling of all medical waste generated, stored, or
decontaminated ,
or incinerated at each the producing
facility or
transported from the producing facility for handling by another
facility
for storage , or
decontamination ,
incineration, or for
disposal
in a sanitary landfill, cemetery, or other disposal site.
A
professional corporation person
may identify and prepare a
common
medical waste management plan for all producing facilities owned
and
operated by the corporation person. A
copy of the common
medical waste management plan shall be kept available at each
producing facility site for inspection by the department.
(2)
The A medical
waste management plan shall comply
with this
part and rules promulgated under this part and describe each of the
following, to the extent the information is applicable to the
producing facility:
(a) The types of medical waste handled.
(b) The segregation, packaging, labeling, and collection
procedures used.
(c) The use and methods of on-site or off-site storage.
(d) The use and methods of on-site or off-site
decontamination.
(e) The use of on-site or off-site incineration.
(f) The corporate or other legally recognized business name,
of
solid waste haulers who transport address,
and telephone number
of medical waste disposal service companies that transport or treat
medical waste for the producing facility.
(g)
The use name and address of sanitary landfills,
cemeteries, and other disposal sites to which medical waste is
directly taken by the producing facility.
(h) The measures to minimize exposure of the producing
facility's employees to infectious agents throughout the process of
handling
and disposing of the medical waste, including, where if
applicable, the use of protocols, procedures and training, personal
protective devices and clothing, physical containment or isolation
devices or systems, and prevention or control of aerosols.
(i) The name of the individual responsible for the management
of the medical waste.
(j) Cleanup methods and procedures to be used in response to
spills of medical waste.
(2)
A medical waste management plan shall comply with the
requirements
of this act.
(3)
A producing facility shall update a its medical waste
management
plan each time there is every
3 years or within 30 days
of
a change in either any of
the following: , within 30 days after
the
change occurs:
(a) A person or site named in the plan.
(b) The types of medical waste handled or the methods of
handling medical waste at the facility.
(4) Upon request, a producing facility shall make its medical
waste management plan available to the department pursuant to a
routine or unannounced inspection or the investigation of a
complaint.
(5) Upon receipt of 24 hours' advance notice, a producing
facility shall make its medical waste management plan available to
an employee of the producing facility for inspection on the
premises or provide a copy of the medical waste management plan to
the employee.
(6) A producing facility shall comply with its medical waste
management plan.
Sec.
13819. (1) Upon review of a medical waste management plan
under
section 13817(4), the The department may require a producing
facility
to modify the its medical waste management plan under
section 13817 at any time the department determines that the plan
is not adequate to protect the public health, safety, and welfare
and the environment or is inconsistent with state or federal law.
Upon
determining that the plan is inadequate or inconsistent under
this
section making such a
determination, the department shall
notify
the producing facility in writing of its the determination
and the specific modifications necessary for compliance. The
producing
facility shall modify the plan accordingly
within 10 days
after
receipt of the notice from the
time period specified by the
department in its notice.
(2)
The department may issue a warning to a producing facility
that
fails to modify a plan within the 10-day period.
Sec. 13820. The department may enter at any reasonable time
upon private or public property upon which medical waste is
reasonably believed to be located to determine compliance with this
part or a rule promulgated under this part.
Sec.
13821. A producing facility that transports medical waste
off
the premises of the producing facility shall package the
medical
waste in the following manner:
(a)
Sharps that are not ground or incinerated as described in
section
13811(d) shall be contained for disposal in individual
leakproof,
rigid, puncture-resistant containers that are secured to
preclude
loss of the contents. In addition, a container used to
store
or transport a number of individual sharps containers shall
be
leakproof. These containers shall be conspicuously labeled with
the
word "sharps". Sharps that are contained pursuant to this
subdivision
may be disposed of as solid waste pursuant to part 115
(solid
waste management) of the natural resources and environmental
protection
act, Act No. 451 of the Public Acts of 1994, being
sections
324.11501 to 324.11549 of the Michigan Compiled Laws.
However,
sharps shall not be compacted or handled during transport
in
a manner that will result in breakage of a sharps container.
(b)
Medical waste other than sharps shall be contained in bags
other
than body pouches or other containers that are impervious to
moisture
and have a strength sufficient to resist ripping, tearing,
breaking,
or bursting under normal conditions of usage or handling.
The
bags or containers shall be secured so as to prevent leakage
during
storage, handling, or transport.
(1) Medical waste that is decontaminated and packaged in
accordance with section 13809 or 13810, as applicable, and section
13811 may be disposed of as solid waste pursuant to part 115 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.11501 to 324.11550.
(2) Hazardous waste, as defined in section 11103 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.11103, shall not be disposed of as medical waste.
Sec.
13823. (1) If A person who
discovers suspected medical
waste
is discovered on any land or water in the this state
and
reported
to the department of natural resources, the department of
public
health, a local health department, the department of state
police,
or any other state or local governmental agency, the agency
or
department receiving the report shall promptly investigate to
confirm
the existence of medical waste. If the existence of medical
waste
is confirmed by a department or agency other than the
department
of natural resources, a report shall be transmitted
immediately
to the department of natural resources. shall report
the
medical waste to the department. The
department of natural
resources
may if appropriate take measures to
contain the medical
waste, to close off the area, to remove the medical waste from the
environment,
and to do all things necessary to otherwise protect
the public health, safety, and welfare and the environment. The
department
of natural resources may if appropriate conduct an
investigation to determine the source of the medical waste.
(2)
The department of natural resources may consult with the
department
of public health, the appropriate local health
department,
the department of state police, and the department of
attorney
general on the actions taken by the department of natural
resources
under this section.
(3)
After the department of natural resources confirms the
existence
of medical waste under this section, the department of
natural
resources shall inform the legislature, the governor, the
advisory
council, and the public on the results of any
investigation
conducted within 30 days after the investigation is
completed.
Sec.
13825. (1) If there is a suspected violation of this part
on
the premises of a health facility or agency or on the premises
of
an incinerator owned and operated by a health facility or agency
If the department suspects that a producing facility has violated
this
part or rules promulgated under this part,
the department of
public
health shall promptly conduct an
investigation to confirm
the
violation. If the suspected violation is reported to the
department
of natural resources, a local health department, the
department
of state police, or any other state or local
governmental
agency, the report immediately shall be transmitted to
the
department of public health. If the
investigation confirms the
existence of a violation of this part or rules promulgated under
this
part, the department of public
health may if appropriate take
measures
to correct the violation and to do all things necessary to
protect the public health, safety, and welfare and the environment.
(2)
The department of public health may consult with the
department
of natural resources, the appropriate local health
department,
the department of state police, and the department of
attorney
general on the actions taken by the department of public
health
under this section. If the suspected violation of this part
is
at an incinerator owned and operated by a health facility or
agency,
the department of public health immediately shall notify
the
department of natural resources and request the assistance of
the
department of natural resources in conducting the
investigation.
(3)
If the department of public health confirms the existence
of
a violation under this section, the department of public health
shall
inform the legislature, the governor, the advisory council,
and
the public on the results of the investigation conducted within
30
days after the investigation is completed.
Sec.
13827. (1) The interdepartmental medical waste advisory
council
is created in the department. The council shall consist of
the
following members appointed as follows:
(a)
One individual appointed by the director of public health
representing
the department.
(b)
One individual appointed by the director of the department
of
natural resources representing the department of natural
resources.
(c)
One individual appointed by the director of the department
of
state police representing the department of state police.
(d)
One individual appointed by the director of commerce
representing
the department of commerce, who has knowledge of
tourism
in the state.
(e)
One individual appointed by the attorney general
representing
the department of the attorney general.
(2)
The representative of the department shall serve as
chairperson.
(3)
The advisory council The
department shall do all of the
following:
(a) Collect data pertaining to medical waste reports and
investigations under this part.
(b)
Annually report to the governor , and
the standing
committees in the senate and house of representatives with
jurisdiction
over public health matters , the department of public
health,
and the department of natural resources on all of the
following:
(i) The number of medical waste reports received and
investigations conducted under this part.
(ii) The implementation and effectiveness of this part.
(iii) Changes in the overall regulatory scheme pertaining to
medical waste, including, but not limited to, the enactment of
pertinent federal law.
(iv) Recommendations, if any, that the advisory
council
department has for changes to this part or any other state statute
or rule that pertains to medical waste.
(v) Coordinate reports and investigations under this
part
between
the department of public health and the department of
natural
resources.
Sec. 13829. (1) The medical waste emergency response fund is
created in the state treasury.
(2) The state treasurer shall deposit in the fund all of the
following:
(a) All money received pursuant to this act and all part,
except for civil fines, costs, and damages under section 13831 and
penal fines under section 13833.
(b)
All money received by designated for the fund as otherwise
provided by law.
(3) The state treasurer shall direct the investment of the
fund. Interest and earnings of the fund shall be credited to the
fund. Money in the fund at the close of the fiscal year shall
remain in the fund and shall not revert to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) (4)
Not The department shall
expend money from the fund,
upon appropriation, only for the following purposes:
(a)
Not more than 80% of the total amount
in the fund shall be
used
by the department of public health for administrative for
expenses
related to the implementation administration
and
enforcement
of this part. ,
and the balance may be used by the
department
of natural resources for
(b)
For response activities necessitated
by addressing the
release of medical waste into the environment.
(c) For programs relating to medical waste reduction,
management, and education.
Sec.
13830. (1) The department shall may promulgate rules to
prescribe
training standards for both medical and nonmedical
personnel
who handle medical waste in producing facilities
implement this part.
(2)
Each producing facility shall train its personnel who
handle
medical waste pursuant to the rules promulgated under
subsection
(1).
Sec.
13831. (1) Except as provided in subsection (2), a person
who
violates this part or a rule promulgated under this part is
subject
to an administrative fine of not more than $2,500.00 for
each
violation and an additional fine of not more than $1,000.00
for
each day during which the violation continues. For a first
offense,
the department of public health or the department of
natural
resources may postpone the levying of a fine under this
subsection
for not more than 45 days or until the violation is
corrected,
whichever occurs first.
(2)
A person who fails to register with the department or have
a
medical waste management plan available for inspection in
compliance
with sections 13813 and 13817 is subject to an
administrative
fine of $500.00.
(3)
A person who violates this act may be enjoined by a court
of
competent jurisdiction from continuing the violation.
(1) The department may request that the attorney general bring
an action in the name of the people of this state for any
appropriate relief, including injunctive relief, for a violation of
this part or rules promulgated under this part.
(2) In addition to any other relief provided under this
section, the court may impose on any person in violation of this
part or rules promulgated under this part a civil fine as follows:
(a) Except as provided in subdivision (b), a civil fine of not
more than $2,500.00 for each violation and an additional civil fine
of not more than $1,000.00 for each day during which the violation
continues.
(b) A civil fine of $500.00 for failure to register with the
department under section 13813 or 13815 or to make a medical waste
management plan under section 13817 or a trauma scene waste
management plan under section 13815 available to the department as
required under those sections, respectively.
(3) In addition to any other relief provided by this section,
the court may order a person who violates this part or rules
promulgated under this part to pay an amount equal to all of the
following:
(a) Costs to contain or remove medical waste or take action
necessary to protect public health, safety, or welfare or the
environment incurred by this state or a local unit of government as
a result of the violation.
(b) Costs of surveillance or enforcement incurred by this
state or a local unit of government as a result of the violation.
(c) The full value of damage done to the natural resources of
this state.
(4) Money collected under subsection (2) shall be deposited in
the state general fund. Money collected under subsection (3) shall
be deposited in the fund. However, if a local unit of government
incurred costs described in subsection (3)(a) or (b), the court may
order that money collected under subsection (3)(a) or (b),
respectively, in an amount not exceeding the costs incurred by the
local unit of government under subsection (3)(a) or (b),
respectively, instead be forwarded to that local unit of
government.
Sec. 13832. The department may issue a cease and desist order
to correct a violation of this part or a rule promulgated under
this part if the violation is causing an imminent public health
hazard or threat to the environment.
Sec. 13833. A person who violates this part, a rule
promulgated under this part, or a final order pursuant to this part
is guilty of a misdemeanor punishable by imprisonment for not more
than 6 months or a fine of not more than $1,000.00, or both, plus
any payment ordered under section 13831(3). Each day upon which a
violation described in this section occurs is a separate offense.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4458(request no.
01500'09) of the 95th Legislature is enacted into law.