Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
Unless the context requires otherwise, the definitions in this article govern the construction of this part.
California Health and Safety Code — §§ 117625-117780
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
Unless the context requires otherwise, the definitions in this article govern the construction of this part.
Amended by Stats. 2015, Ch. 352, Sec. 1. (SB 225) Effective September 28, 2015.
were published on January 1, 2014. The film bag shall meet an impact resistance of 165 grams and a tearing resistance of 480 grams in both parallel and perpendicular planes with respect to the length of the bag.
Added by Stats. 2014, Ch. 564, Sec. 6. (AB 333) Effective January 1, 2015.
“Chemotherapeutic agent” means an agent that kills or prevents the reproduction of malignant cells. Chemotherapeutic agent excludes anti-inflammatory and antibiotic medications used to treat malignant cells in the practice of veterinary medicine.
Added by Stats. 2012, Ch. 689, Sec. 1. (AB 1442) Effective January 1, 2013.
“Common carrier” means either of the following:
permit issued by the Department of Motor Vehicles pursuant to the Motor Carriers of Property Permit Act (Division 14.85 (commencing with Section 34600) of the Vehicle Code) and, if applicable, a carrier identification number issued by the Department of the California Highway Patrol pursuant to Section 34507.5 of the Vehicle Code.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Common storage facility” means any designated accumulation area that is onsite and is used by small quantity generators otherwise operating independently for the storage of medical waste for collection by a registered hazardous waste hauler.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Container” means the rigid container in which the medical waste is placed prior to transporting for purposes of storage or treatment.
Added by Stats. 2014, Ch. 564, Sec. 7. (AB 333) Effective January 1, 2015.
“Empty” means a condition achieved when tubing, a container, or inner liner removed from a container that previously contained liquid or solid material, including, but not limited to, a chemotherapeutic agent, is considered empty. The tubing, container, or inner liner removed from the container shall be considered empty if it has been emptied so that the following conditions are met:
container or inner liner held is not pourable, no material or waste remains in the container or inner liner that can feasibly be removed by scraping.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Enforcement agency” means the department or the local agency administering this part.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Enforcement officer” means the director, or agents or registered environmental health specialists appointed by the director, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees, or the designees of the director, local health officers, or the directors of environmental health.
Added by Stats. 1996, Ch. 1023, Sec. 347. Effective September 29, 1996.
“Fund” means the Medical Waste Management Fund created pursuant to Section 117885.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Hazardous waste hauler” means a person registered as a hazardous waste hauler pursuant to Article 6 (commencing with Section 25160) and Article 6.5 (commencing with Section 25167.1) of Chapter 6.5 of Division 20 and Chapter 30 (commencing with Section 66001) of Division 4 of Title 22 of the California Code of Regulations.
Added by renumbering Section 25021.9 by Stats. 1996, Ch. 536, Sec. 2. Effective January 1, 1997.
“Health care professional” means any person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code; any person licensed pursuant to the Osteopathic Initiative Act, as set forth in Chapter 8 (commencing with Section 3600) of Division 2 of the Business and Professions Code, or pursuant to the Chiropractic Initiative Act, as set forth in Chapter 2 (commencing with Section 1000) of Division 2 of the Business and Professions Code; and any person certified pursuant to Division 2.5
(commencing with Section 1797).
Amended by Stats. 2014, Ch. 564, Sec. 8. (AB 333) Effective January 1, 2015.
“Highly communicable diseases” means diseases, such as those caused by organisms classified by the federal Centers for Disease Control and Prevention as risk group 3 organisms or higher.
Amended by Stats. 1997, Ch. 732, Sec. 1.5. Effective January 1, 1998.
“Household waste” means any material, including garbage, trash, and sanitary wastes in septic tanks and medical waste, that is derived from households, farms, or ranches. Household waste does not include trauma scene waste.
Added by Stats. 2006, Ch. 64, Sec. 2. Effective January 1, 2007.
“Home-generated sharps waste” means hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications derived from a household, including a multifamily residence or household.
Added by Stats. 1997, Ch. 732, Sec. 2. Effective January 1, 1998.
“Industrial hygienist” means a person who has met the educational requirements of an industrial hygiene certification organization, as defined in subdivision (c) of Section 20700 of the Business and Professions Code, and who has had at least one year in the comprehensive practice of industrial hygiene, as defined in subdivision (a) of Section 20700 of the Business and Professions Code.
Amended by Stats. 2006, Ch. 166, Sec. 1. Effective January 1, 2007.
“Infectious agent” means a type of microorganism, bacteria, mold, parasite, or virus, including, but not limited to, organisms managed as Biosafety Level II, III, or IV by the federal Centers for Disease Control and Prevention, that normally causes, or significantly contributes to the cause of, increased morbidity or mortality of human beings.
Amended by Stats. 1997, Ch. 732, Sec. 3. Effective January 1, 1998.
“Large quantity generator” means a medical waste generator, other than a trauma scene waste management practitioner, that generates 200 or more pounds of medical waste in any month of a 12-month period.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Local agency” means the local health department, as defined in Section 101185, or the local comprehensive environmental agency established in accordance with Section 101275, of a county that has elected to adopt a local ordinance to administer and enforce this part, pursuant to Chapter 3 (commencing with Section 117800).
Repealed and added by Stats. 2014, Ch. 564, Sec. 10. (AB 333) Effective January 1, 2015.
farming operations; waste generated from the consolidation of home-generated sharps; and waste generated in the cleanup of trauma scenes. Biohazardous, pathology, pharmaceutical, sharps, and trace chemotherapy wastes that meet the conditions of this section are not subject to any of the hazardous waste requirements found in Chapter 6.5 (commencing with Section 25100) of Division 20.
diagnosis and immunization; or from biomedical research, which includes the production and testing of biological products.
(ii) Regulated medical waste or clinical waste or biomedical waste suspected of containing a highly communicable disease.
wastes.
cutting or piercing, including, but not limited to, hypodermic needles, hypodermic needles with syringes, blades, needles with attached tubing, acupuncture needles, root canal files, broken glass items used in health care such as Pasteur pipettes and blood vials contaminated with biohazardous waste, and any item capable of cutting or piercing from trauma scene waste.
defined in Section 5193 of Title 8 of the California Code of Regulations, and that has been removed, is to be removed, or is in the process of being removed, from a trauma scene by a trauma scene waste management practitioner.
Amended by Stats. 2014, Ch. 564, Sec. 11. (AB 333) Effective January 1, 2015.
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 is not otherwise hazardous, shall thereafter be considered solid waste as defined in Section 40191 of the Public Resources Code and not medical waste.
Amended by Stats. 2014, Ch. 564, Sec. 12. (AB 333) Effective January 1, 2015.
Medical waste does not include any of the following:
sweat, tears, or vomitus, unless it contains visible or recognizable fluid blood, as provided in subparagraph (C) of paragraph (1) of subdivision (b) of Section 117690.
Amended by Stats. 2013, Ch. 444, Sec. 12. (SB 138) Effective January 1, 2014.
“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 defined in Section 56.05 of the Civil Code. All of the following are examples of businesses that generate medical waste:
research laboratories, unlicensed health facilities, those facilities required to be licensed pursuant to Division 2 (commencing with Section 1200), chronic dialysis clinics, as regulated pursuant to Division 2 (commencing with Section 1200), and education and research facilities.
Amended by Stats. 2014, Ch. 564, Sec. 13. (AB 333) Effective January 1, 2015.
“Medical waste management plan” means a document that is completed by generators of medical waste that describes how the medical waste generated at their facility shall be segregated, handled, stored, packaged, treated, or shipped for treatment, as applicable, pursuant to Section 117935 for small quantity generators and Section 117960 for large quantity generators, on forms prepared by the enforcement agency, if those forms are provided by the enforcement agency.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Medical waste permit” means a permit issued by the enforcement agency to a medical waste treatment facility.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Medical waste registration” means a registration issued by the enforcement agency to a medical waste generator.
Amended by Stats. 2014, Ch. 564, Sec. 14. (AB 333) Effective January 1, 2015.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Mixed waste” means mixtures of medical and nonmedical waste. Mixed waste is medical waste, except for all of the following:
radioactive waste.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Offsite” means any location that is not onsite.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
Added by renumbering Section 25025.9 by Stats. 1996, Ch. 536, Sec. 7. Effective January 1, 1997.
“Parent organization” means an organization that employs or contracts with health care professionals who provide health care services at a location other than at a health care facility specified in subdivision (a) of Section 117705.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Person” means an individual, trust, firm, joint stock company, business concern, partnership, association, limited liability company, and corporation, including, but not limited to, a government corporation. “Person” also includes any city, county, district, commission, the state or any department, agency, or political subdivision thereof, the Regents of the University of California, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.
Amended by Stats. 2014, Ch. 564, Sec. 15. (AB 333) Effective January 1, 2015.
20.
Repealed and added by Stats. 2014, Ch. 564, Sec. 18. (AB 333) Effective January 1, 2015.
Amended by Stats. 1997, Ch. 732, Sec. 7. Effective January 1, 1998.
“Small quantity generator” means a medical waste generator, other than a trauma scene waste management practitioner, that generates less than 200 pounds per month of medical waste.
Amended by Stats. 2014, Ch. 564, Sec. 20. (AB 333) Effective January 1, 2015.
“Storage” means the holding of medical wastes, in compliance with the Medical Waste Management Act, including Chapter 9 (commencing with Section 118275), at a designated accumulation area, offsite point of consolidation, transfer station, other registered facility, or in a vehicle detached from its means of locomotion.
Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.
“Tracking document” means the medical waste tracking document specified in Section 118040.
Added by Stats. 2014, Ch. 564, Sec. 21. (AB 333) Effective January 1, 2015.
“Shipping document” means the medical waste shipping document required by the United States Department of Transportation pursuant to Section 172.200 et seq. of Title 49 of the Code of Federal Regulations or the document required by the United States Postal Service pursuant to Domestic Mail Manual 601.10.17.5 (Mailability: Hazardous Materials: Sharps and Other Mailable Regulated Medical Waste).
Amended by Stats. 2014, Ch. 564, Sec. 22. (AB 333) Effective January 1, 2015.
Added by Stats. 1997, Ch. 732, Sec. 8. Effective January 1, 1998.
Added by Stats. 1997, Ch. 732, Sec. 10. Effective January 1, 1998.
“Trauma scene waste management practitioner” means a person who undertakes as a commercial activity the removal of human blood, human body fluids, and other associated residues from the scene of a serious human injury, illness, or death, and who is registered with the department pursuant to Chapter 9.5 (commencing with Section 118321).
Amended by Stats. 2014, Ch. 564, Sec. 24. (AB 333) Effective January 1, 2015.
“Treatment” means any method, technique, or process designed to change or destroy the biological character or composition of any medical waste so as to eliminate its potential for causing disease or creating public or environmental harm, as specified in Chapter 8 (commencing with Section 118215).