Regulations on the Management of Medical Waste
State Council Decree No. 380
Enactment Date: 20030616
Implementation Date: 20030616
Enacting Authority: the State Council Article 1, in order to strengthen the safe management of medical waste, prevent the spread of disease, protect the environment, and safeguard human health, and to formulate these regulations in accordance with the "Chinese People's * ** and the State Law on Prevention and Control of Infectious Diseases and the Law of the People's Republic of China on Prevention and Control of Environmental Pollution by Solid Wastes, these regulations are formulated.
Article 2, the medical waste referred to in these regulations refers to the medical and health institutions in the medical, preventive, health care and other related activities generated by the direct or indirect infectious, toxic and other hazardous waste.
Article 3, these regulations shall apply to the collection, transportation, storage, disposal and supervision and management of medical waste.
Article 4, the state to promote the centralized harmless disposal of medical waste, encourage research and development of safe disposal of medical waste technology.
Article 5, the people's governments at or above the county level, the competent administrative department of health, medical waste collection, transportation, storage, disposal activities in the prevention and control of disease Article 6, any unit or individual has the right to medical and health institutions, centralized disposal of medical waste and supervision and management of the unit and its staff violations of the law to report, complaints, denunciations and accusations. Article VII, medical and health institutions and medical waste disposal units, should establish and improve the medical waste management responsibility system, its legal representative is the first responsible person, and effectively fulfill their responsibilities to prevent the spread of infectious diseases and environmental pollution caused by medical waste.
Article 8, medical and health institutions and centralized medical waste disposal units, shall formulate rules and regulations related to the safe disposal of medical waste and emergency response plan in the event of an accident; set up monitoring department or full-time (part-time) personnel, responsible for inspecting, supervising and implementing the management of medical waste, to prevent violations of these regulations.
Article IX, medical and health institutions and centralized disposal of medical waste unit, shall be engaged in the collection of medical waste, transportation, storage, disposal and other work of the unit's personnel and management personnel, relevant laws and professional skills, safety and protection, as well as emergency treatment and other knowledge training.
Article 10, medical and health institutions and medical waste disposal units, shall take effective occupational health protection measures for medical waste collection, transportation, storage, disposal and other work of personnel and management personnel, equipped with the necessary protective equipment, regular health checks; when necessary, immunization of the relevant personnel to prevent damage to their health.
Article 11, medical and health institutions and medical waste centralized disposal unit, shall, in accordance with the provisions of the "Chinese people's *** and the State Solid Waste Pollution Prevention and Control Law", the implementation of the hazardous waste transfer joint bill management system.
Article 12, medical and health institutions and medical waste centralized disposal unit, shall register medical waste, the registration shall include the source of medical waste, type, weight or quantity, the handover time, disposal method, the final destination, as well as the signature of the person in charge of the project. Registration information to be kept for at least three years.
Article 13, medical and health institutions and centralized medical waste disposal units, shall take effective measures to prevent the loss, leakage and spread of medical waste.
Article 14, any unit or individual is prohibited from transferring, trading medical waste.
Article 15 prohibits the mailing of medical waste. Article XVI, medical and health institutions should be timely collection of medical waste generated by the unit, and in accordance with the categories placed in leak-proof, anti-sharp penetration of special packaging or closed containers.
Article 17, medical and health institutions shall establish temporary storage facilities for medical waste, equipment, shall not be open storage of medical waste; temporary storage of medical waste shall not exceed two days.
Article 18, medical and health institutions shall use anti-leakage, anti-spill special delivery tools, in accordance with the unit to determine the internal medical waste delivery time, route, will be collected, transported to the temporary storage of medical waste.
Article 19, medical and health institutions should be based on the principle of centralized disposal of medical waste in a timely manner to the centralized disposal of medical waste disposal unit.
Article 20, medical and health institutions produce sewage, infectious disease patients or suspected infectious disease patient excreta, shall be strictly disinfected in accordance with state regulations; to meet the national emission standards before discharging into the sewage treatment system.
Article 21, does not have the conditions of centralized disposal of medical waste in rural areas, medical and health institutions shall, in accordance with the requirements of the competent administrative department of health of the people's government at the county level, the competent administrative department of environmental protection, their own local disposal of medical waste. Self-disposal of medical waste, shall meet the following basic requirements:
(a) after the use of disposable medical instruments and easily damaged medical waste, should be disinfected and disfigured;
(b) can be incinerated, it should be burned in a timely manner;
(c) can not be incinerated, disinfected and centralized landfill. Article 22, engaged in the activities of centralized disposal of medical waste, shall apply to the people's governments at or above the county level of the administrative department of environmental protection to obtain a business license; without obtaining a business license, shall not be engaged in activities related to the centralized disposal of medical waste.
Article 23, the centralized disposal of medical waste unit, shall meet the following conditions:
(1) with environmental protection and health requirements of medical waste storage, disposal facilities or equipment;
(2) with trained technicians and the corresponding skilled workers;
(3) with the responsible for the effect of medical waste disposal testing, Evaluation of institutions and personnel;
(D) have to ensure the safe disposal of medical waste regulations.
Article 24, the storage and disposal facilities of the centralized medical waste disposal unit shall be far away from residential areas, water protection zones and traffic arteries, and factories, enterprises and other workplaces with appropriate safety protection distance, and in line with the provisions of the State Council administrative department of environmental protection.
Article 25, the centralized disposal unit of medical waste should be at least every two days to medical and health institutions to collect and transport medical waste, and is responsible for the storage and disposal of medical waste.
Article 26, the centralized disposal of medical waste disposal unit to transport medical waste, shall comply with national regulations on the management of transportation of dangerous goods, the use of clear Article 27, the centralized disposal of medical waste disposal unit in the process of transporting medical waste should ensure the safety of medical waste, shall not be discarded, spilled medical waste.
Article 28, the centralized disposal of medical waste units should be installed online monitoring devices for pollutant emissions, and to ensure that the monitoring device is often in a normal operating state.
Article 29, the centralized disposal of medical waste disposal unit of medical waste, shall comply with state environmental protection, health standards, norms.
Article 30, the centralized disposal of medical waste disposal unit shall, in accordance with the provisions of the competent administrative department of environmental protection and the competent administrative department of health, the medical waste disposal facilities on a regular basis, environmental pollution prevention and control and hygienic effect of testing, evaluation. Detection, evaluation results are deposited in the centralized medical waste disposal unit file, every six months to the local administrative department of environmental protection and health administrative department report.
Article 31, the centralized disposal of medical waste disposal unit to dispose of medical waste, in accordance with the relevant provisions of the state medical waste disposal fees charged to health care institutions.
Article 32, each region shall utilize and renovate existing solid waste disposal facilities and other facilities for the centralized disposal of medical waste, and to meet basic environmental protection and health requirements.
Article 33, there is no centralized disposal facilities or disposal capacity is insufficient in the city, from the date of implementation of these regulations, the city above the municipal level of the district shall Article 34, the local people's government at or above the county level of the administrative department of health, the administrative department of environmental protection, shall, in accordance with the provisions of these regulations, in accordance with the division of responsibilities, the medical and health institutions and the centralized disposal units of medical wastes to carry out supervision and inspection. Inspection.
Article 35, the competent department of health administration of the local people's government at or above the county level, shall carry out regular supervision and inspection or irregular spot checks on medical and health institutions and medical waste centralized disposal units engaged in the collection, transportation, storage and disposal of medical wastes in the prevention and control of diseases, as well as the staff's sanitary protection and other circumstances.
Article 36, the local people's government at or above the county level, the competent administrative department of environmental protection, shall be engaged in medical and health institutions and medical waste disposal units in the collection, transportation, storage, disposal of medical waste in the prevention and control of environmental pollution on a regular basis supervision and inspection or unscheduled spot checks.
Article 37, the competent administrative department of health, the competent administrative department of environmental protection shall regularly exchange the results of supervision and inspection and random inspection. In the supervision and inspection or random inspection of medical and health institutions and medical waste centralized disposal units found to exist hidden dangers, shall order the immediate elimination of hidden dangers.
Article 38, the competent administrative department of health, the competent administrative department of environmental protection, upon receipt of the medical and health institutions, medical waste disposal units and supervision and management departments and their staff in violation of these regulations of the report, complaints, whistleblowing and accusations, shall promptly verify, and in accordance with the law to deal with, and will be the results of the dealings to be published.
Article 39, the competent administrative department of health and the competent administrative department of environmental protection, in performing their duties of supervision and inspection, shall have the right to take the following measures:
(1) conduct on-site inspections of the relevant units to learn about the situation, conduct on-site monitoring, and investigate and collect evidence;
(2) inspect or copy the relevant information on the management of medical wastes and collect samples;
(3) order the relevant units to violate the provisions of this Regulation; and ) Order the units and individuals in violation of the provisions of these Regulations to stop illegal acts;
(D) Seize or suspend the suspected violation of the provisions of these Regulations of the premises, equipment, means of transportation and goods;
(E) the violation of the provisions of these Regulations to investigate and deal with the act.
Article 40, in the event of an accident of infectious disease transmission or environmental pollution due to improper management of medical waste, or when there is evidence that an accident of infectious disease transmission or environmental pollution is likely to occur, the competent administrative department of health and the competent administrative department of environmental protection shall take temporary control measures, evacuate the personnel, control the scene, and order the suspension of operations that cause or may cause the spread of infectious diseases or environmental pollution as needed. or environmental pollution accident operations.
Article 41, medical and health institutions and medical waste centralized disposal units, the inspection, monitoring, investigation and evidence collection of the relevant departments shall cooperate, shall not be refused and obstructed, and shall not provide false materials.