yī liáo fèi wù guǎn lǐ tiáo lì
Adopted at the 10th executive meeting of the State Council on June 4, 2003, the Regulations on the Management of Medical Waste (hereinafter referred to as the "Regulations") are a comprehensive set of rules and regulations on medical waste management. Adopted at the tenth executive meeting of the State Council on June 4, 2003
Issued on June 16, 2003, and shall come into force on the date of its publication.
2 Chapter I General ProvisionsArticle 1 In order to strengthen the safe management of medical waste, to prevent the spread of disease, to protect the environment, to protect human health, according to the "People's Republic of China *** and the Prevention and Control of Infectious Diseases Act" and "People's Republic of China *** and the Prevention and Control of Environmental Pollution by Solid Wastes Act", the formulation of these regulations.
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 with direct or indirect infectious, toxic and other hazardous waste.
Medical waste classification catalog, by the State Council administrative department of health and the administrative department of environmental protection **** with the development and publication.
Article 3 These Regulations shall apply to the collection, transportation, storage, disposal and supervision and management of medical waste and other activities.
Medical and health institutions to treat patients with infectious diseases or suspected infectious diseases patients generated by the domestic waste, in accordance with the management and disposal of medical waste.
Medical and health institutions waste of anesthesia, mental, radioactive, toxic and other drugs and their related waste management, in accordance with relevant laws, administrative regulations and the relevant provisions of the State, the implementation of standards.
Article IV of the State to promote the centralized harmless disposal of medical waste, encourage research and development of safe disposal of medical waste technology.
Local people above the county level *** responsible for organizing the construction of centralized medical waste disposal facilities.
The state on the construction of remote and poor areas of medical waste centralized disposal facilities to give appropriate support.
Article 5 The people at or above the county level *** administrative department of health, medical waste collection, transportation, storage, disposal activities in the implementation of unified supervision and management of disease prevention and control; administrative department of environmental protection, medical waste collection, transportation, storage, disposal activities in the prevention and control of environmental pollution in the implementation of unified supervision and management.
People at or above the county level *** other relevant departments in their respective areas of responsibility for the supervision and management of medical waste disposal.
Article 6 Any unit or individual has the right to medical and health institutions, medical waste disposal units and supervision and management departments and their staff for violations of the law to report, complaints, whistleblowing and accusations.
3 Chapter II General Provisions of Medical Waste ManagementArticle 7 medical and health institutions and medical waste disposal units, should establish and improve the responsibility system for medical waste management, its legal representative is the first person responsible for the effective fulfillment of their duties to prevent the spread of infectious diseases and environmental pollution caused by medical waste.
Article VIII of medical and health institutions and centralized medical waste disposal unit, shall develop rules and regulations related to the safe disposal of medical waste and emergency response in the event of an accident; set up monitoring department or full-time (part-time) staff responsible for checking, supervising and implementing the management of the unit's medical waste, to prevent violations of these regulations.
Article IX medical and health institutions and centralized disposal of medical waste units, should be engaged in the unit of medical waste collection, transportation, storage, disposal and other work of personnel and management personnel, relevant laws and professional skills, safety and security, 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, engaged in the collection of medical waste, transportation, storage, disposal and other work of personnel and management personnel, equipped with the necessary protective equipment, regular health checks; when necessary, immunization of personnel to prevent damage to their health.
Article 11 of the medical and health institutions and medical waste disposal units, should be in accordance with the "Chinese People's *** and the State Solid Waste Pollution Prevention and Control Law", the implementation of hazardous waste transfer joint management system.
Article XII of the medical and health institutions and medical waste disposal units, should be registered for medical waste, the registration content should include the source of medical waste, type, weight or quantity, handover time, disposal methods, the final destination and the signature of the person in charge of such items. Registration information is kept for at least three years.
Article XIII of medical and health institutions and medical waste disposal units, should take effective measures to prevent the loss of medical waste, leakage, proliferation.
In the event of medical waste loss, leakage, proliferation, health care institutions and medical waste centralized disposal unit shall take emergency measures to reduce the harm, the sick people to provide medical care and on-site rescue; at the same time to the local county-level people *** administrative department of health, the competent administrative department of environmental protection report, and may be jeopardized by the unit and the residents of the notification.
Article 14 prohibits any unit or individual transfer, trade in medical waste.
It is prohibited to discard medical wastes during transportation; it is prohibited to dump or pile up medical wastes in non-storage places or mix medical wastes with other wastes and domestic garbage.
Article 15 prohibits the mailing of medical waste.
It is prohibited to transport medical waste by rail or air.
There are land access, prohibit the transportation of medical waste by water; there is no land access must be transported by water for medical waste, should be approved by the people above the municipal level of the district *** administrative department of environmental protection, and to take strict environmental protection measures, before being transported by water.
It is prohibited to carry medical waste and passengers on the same means of transportation.
It is prohibited to transport medical wastes on water bodies in drinking water source protection zones.
4 Chapter III of the medical and health institutions on the management of medical wasteArticle 16 of the medical and health institutions should be timely collection of medical waste generated by the unit, and in accordance with the category of separation placed in leakage-proof, anti-sharp penetration of the special packaging or airtight containers.
Medical waste special packaging, containers, there should be obvious warning signs and warning instructions.
Medical waste special packaging, containers, standards and warning signs of the provisions of the State Council administrative department of health and the administrative department of environmental protection **** with the development.
Article XVII of medical and health institutions shall establish temporary storage facilities for medical waste, equipment, not open storage of medical waste; temporary storage of medical waste shall not exceed 2 days.
Medical waste temporary storage facilities, equipment, should be far away from the medical area, food processing areas and personnel activities, as well as living garbage storage places, and set up obvious warning signs and leakage, rodent, mosquito and fly prevention, cockroach, anti-theft, and prevention of children in contact with other safety measures.
Medical waste temporary storage facilities, equipment should be regularly disinfected and clean.
Article 18 of the health care institutions should use leak-proof, anti-spill special delivery tools, in accordance with the unit to determine the internal delivery time of medical waste, route, medical waste will be collected, transported to the temporary storage site.
Transportation tools should be used in health care institutions after the designated location in a timely manner to disinfect and clean.
Article 19 of the health care 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.
Medical waste of pathogens in the culture medium, specimens and strains of bacteria, viruses, preservation of high-risk wastes, such as viruses, should be sterilized in situ before handing over to the centralized disposal of medical waste disposal unit.
Article 20 The sewage generated by medical and health institutions, patients with infectious diseases or suspected infectious disease patient excreta, shall be strictly disinfected in accordance with national regulations; to meet the national emission standards before being discharged into the sewage treatment system.
Article 21 does not have the conditions of centralized disposal of medical waste in rural areas, health care institutions shall, in accordance with the county-level people *** administrative department of health, the requirements of the administrative department of environmental protection, their own local disposal of medical waste. Self-disposal of medical waste, should meet the following basic requirements:
(a) after the use of disposable medical equipment and medical waste that can easily cause injury, should be disinfected and disfigured;
(b) can be incinerated, it should be incinerated in a timely manner;
(c) can not be incinerated, disinfected and centralized landfill.
5 Chapter IV Centralized Disposal of Medical WasteArticle 22 The unit engaged in the centralized disposal of medical waste activities, shall apply to the people above the county level *** administrative department of environmental protection to obtain a business license; without obtaining a business license for the unit, shall not engage in activities related to the centralized disposal of medical waste.
Article 23 of the centralized disposal of medical waste units, shall meet the following conditions:
(a) with environmental protection and health requirements of medical waste storage, disposal facilities or equipment;
(b) with trained technicians and the corresponding skilled workers;
(c) with the medical waste disposal effect of the test, evaluation (C) has a responsible for medical waste disposal testing, evaluation of the institutions and personnel;
(D) has to ensure the safe disposal of medical waste rules and regulations.
Article 24 of the centralized disposal of medical waste storage, disposal facilities, should be far away from residential ( village ) residential areas, water protection zones and traffic arteries, and factories, enterprises and other workplaces have appropriate safety protection distance, and in line with the provisions of the State Council administrative department of environmental protection.
Article 25 of the centralized disposal of medical waste units should be at least every 2 days to the health care institutions to collect and transport a 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, should comply with national regulations on the management of transportation of dangerous goods, the use of special vehicles with obvious medical waste identification. Specialized vehicles for medical waste should meet the leakage prevention, anti-spill and other environmental protection and health requirements.
Transportation of medical waste after the use of special vehicles, should be in the centralized disposal of medical waste in a timely manner for disinfection and cleaning.
Special vehicles for the transportation of medical waste shall not transport other items.
Article 27 of the centralized disposal of medical waste units in the delivery of medical waste should ensure safety, shall not be discarded, scattered 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 unit of medical waste disposal of medical waste, should be consistent with the national provisions of 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 disposal of medical waste unit files, every six months to the location of the administrative department of environmental protection and the competent administrative department of health report.
Article 31 of the centralized disposal of medical waste disposal units to dispose of medical waste, in accordance with the relevant provisions of the state medical waste disposal fees charged to health care institutions.
Medical and health care institutions in accordance with the provisions of the medical waste disposal costs, can be included in the cost of medical care.
Article 32 The regions shall utilize and renovate existing solid waste disposal facilities and other facilities, centralized disposal of medical waste, and meet the 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 should be built within one year of the centralized disposal of medical waste facilities; county-level cities should be built within two years of the centralized disposal of medical waste facilities. County (flag) the construction of centralized medical waste disposal facilities, by the provinces, autonomous regions, municipalities directly under the Central People's *** regulations.
During the period of centralized disposal facilities for medical waste has not yet been built, the relevant local people *** should organize the development of transitional disposal of medical waste in line with environmental protection and health requirements, to determine the collection of medical waste, transportation, disposal methods and disposal units.
6 Chapter V Supervision and ManagementArticle 34 The local people above the county level *** 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 centralized disposal of medical waste units for supervision and inspection.
Article 35 The local people's *** administrative department of health at or above the county level, 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 disease, as well as the staff of the sanitary protection of the situation of regular supervision and inspection or occasional spot checks.
Article 36 of the local people above the county level *** administrative department of environmental protection, medical and health institutions and medical waste disposal units engaged 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 checks. 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 received on the health care 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 be verified in a timely manner, and according to the law to deal with, and will be the results of the announcement.
Article 39 The competent administrative department of health, the competent administrative department of environmental protection in the performance of supervision and inspection duties, have the right to take the following measures:
(a) on-site inspection of the unit concerned, to understand the situation, on-site monitoring, investigating and obtaining evidence;
(b) access to or copy of the relevant information on the management of medical wastes, the collection of samples;
(c) Order the units and individuals in violation of the provisions of these Regulations to stop illegal acts;
(D) seizure or temporary detention of suspected violation of the provisions of the 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 of the improper management of medical waste caused by the spread of infectious diseases or environmental pollution accidents, or evidence that the spread of infectious diseases or environmental pollution of the accident is likely to occur, the competent administrative department of health, the competent administrative department of environmental protection shall take temporary control measures, evacuation, control the scene, and order the suspension of the operations that lead to the spread of infectious diseases or environmental pollution, or may lead to the spread of infectious diseases, according to the need. Environmental pollution accident operations.
Article 41 medical and health institutions and medical waste centralized disposal units, the relevant departments of the inspection, monitoring, investigation and evidence collection, shall cooperate, shall not be refused and obstructed, shall not provide false materials.
7 Chapter VI Legal LiabilityArticle 42 The local people at or above the county level *** not in accordance with the provisions of these regulations, the organization of the construction of centralized medical waste disposal facilities or organizations to develop a transitional disposal of medical waste program, by the higher people *** notification of criticism, and ordered to complete the construction of centralized disposal of medical waste facilities or organizations to develop a transitional disposal of medical waste program; and may be the *** main Leaders, responsible supervisors, given administrative sanctions according to law.
Article 43 The people at or above the county level *** administrative department of health, the administrative department of environmental protection or other relevant departments, not in accordance with the provisions of these regulations to carry out supervision and inspection duties, found that medical and health institutions and medical waste centralized disposal unit of illegal acts are not dealt with in a timely manner, the occurrence of infectious disease transmission or environmental pollution is not likely to occur in a timely manner to take measures to reduce the hazards, and other negligence of duty. Measures, as well as other negligence, dereliction of duty, malfeasance, by the people at this level *** or higher people *** the relevant departments shall order correction, notification and criticism; cause the spread of infectious diseases or environmental pollution accidents, the person in charge of the main person in charge of the person in charge of the person in charge of the responsibility and other personnel directly responsible for the law to give the demotion, dismissal, dismissal of the administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.
Article 44 The people *** above the county level of the administrative department of environmental protection, in violation of the provisions of these regulations issued by the centralized disposal of medical waste unit business license, by the people at this level *** or higher people *** the administrative department of environmental protection notification and criticism, and ordered to withdraw the certificate issued in violation of the law; and may be the principal person in charge of the person in charge of the person in charge of the person in charge of the person in charge of the person in charge of the person in charge of the person in charge of the person in charge of the person in charge of the person in charge of the person in charge of the person in charge and other directly responsible persons shall be given administrative sanctions. Responsible persons and other directly responsible persons shall be given administrative sanctions.
Article 45 medical and health institutions, centralized medical waste disposal units in violation of the provisions of these Regulations, one of the following circumstances, by the local people above the county level *** administrative department of health or the competent department of environmental protection in accordance with their respective responsibilities ordered to make corrections within a certain period of time, and shall be given a warning; failure to make corrections, shall be sentenced to pay a fine of more than 2,000 yuan to less than 5,000 yuan:
(A) did not establish and improve the medical waste management system, or did not set up a monitoring department or full-time (part-time) personnel;
(B) did not train the relevant personnel in relevant laws and professional skills, safety and protection, as well as emergency treatment and other knowledge;
(C) did not engage in the collection of medical waste, transportation, storage, disposal of personnel and management personnel to take occupational (D) failure to register medical waste or failure to save the registration information;
(E) after the use of medical waste delivery tools or delivery vehicles are not in the designated location in a timely manner for disinfection and cleaning;
(F) failure to collect and transport medical waste in a timely manner;
(G) not regularly on the disposal of medical waste Facilities for environmental pollution prevention and control and hygienic effect of testing, evaluation, or failure to test, evaluate the effect of archiving, reporting.
Article 46 health care institutions, centralized disposal of medical waste unit in violation of the provisions of these Regulations, one of the following circumstances, by the local people above the county level *** administrative department of health or administrative department of environmental protection in accordance with their respective responsibilities ordered to make corrections within a certain period of time, and give a warning, and may also be imposed on a fine of less than 5,000 yuan; failure to make corrections, shall be imposed on a fine of 5,000 yuan or more than 30,000 yuan. Fines of less than:
(a) storage facilities or equipment do not meet environmental protection, health requirements;
(b) medical waste according to the category is not placed in special packaging or containers;
(c) does not meet the standards of the use of special vehicles for the transportation of medical waste or the use of medical waste transport vehicles to transport other items;
(d) failure to install online monitoring devices for the discharge of pollutants. (D) failure to install online monitoring devices for pollutant emissions or monitoring devices are not always in normal operation.
Article 47 The medical and health institutions, medical waste centralized disposal unit of one of the following circumstances, by the local people at or above the county level *** administrative department of health or administrative department of environmental protection in accordance with their respective responsibilities ordered to make corrections within a certain period of time, give a warning, and impose a fine of 5,000 yuan or more than 10,000 yuan; overdue corrections, the penalty shall be a fine of 10,000 yuan or more than 30,000 yuan; Causing the spread of infectious diseases or environmental pollution accidents, by the original licensing department to suspend or revoke the license to practice or business license; constitutes a crime, be held criminally responsible:
(a) in the process of delivery of medical waste, dumping, piling up of medical waste in a non-storage site or medical waste mixed with other wastes and domestic garbage;
(b) failure to implement the Hazardous waste transfer joint management system;
(C) the medical waste to the unit or individual who has not obtained a business license to collect, transport, storage, disposal;
(D) the disposal of medical waste does not comply with the national provisions of environmental protection, hygiene standards, norms;
(E) not in accordance with the provisions of the Regulations of the sewage, patients with infectious diseases or patients with suspected infectious diseases, excretion of medical waste. (E) not in accordance with the provisions of these Regulations on sewage, patients with infectious diseases or suspected infectious disease patient excreta, strict disinfection, or does not meet the national emission standards, discharged into the sewage treatment system;
(F) the admission of infectious diseases or suspected infectious disease patients generated by the domestic waste, not in accordance with the management and disposal of medical waste.
Article 48 Medical and health institutions in violation of the provisions of these Regulations, will not meet the national standards of sewage, infectious disease patients or suspected infectious disease patients of excreta discharged into the urban drainage network, by the local people at or above the county level *** administrative department of the construction ordered to make corrections within a certain period of time, and give a warning, and impose a fine of 5,000 yuan or more than 10,000 yuan; overdue corrections, impose a 10,000 yuan Above 30,000 yuan fine; cause the spread of infectious diseases or environmental pollution accidents, by the original licensing department to suspend or revoke the license to practice; constitutes a crime, shall be investigated for criminal responsibility.
Article 49 Medical and health institutions, medical waste centralized disposal units in the event of medical waste loss, leakage, proliferation, failure to take emergency measures, or failure to timely report to the competent administrative department of health and the competent administrative department of environmental protection, by the local people above the county level *** the competent administrative department of health or the competent administrative department of environmental protection, in accordance with their respective responsibilities, shall order correction, and impose a warning. Warning, and impose a fine of 10,000 yuan or more than 30,000 yuan; cause the spread of infectious diseases or environmental pollution accidents, by the original licensing department to suspend or revoke the license to practice or business license; constitutes a crime, shall be investigated for criminal responsibility.
Article 50 medical and health institutions, medical waste centralized disposal unit, without justifiable reasons, obstructing the competent administrative department of health or the competent administrative department of environmental protection law enforcement officers in the performance of their duties, refusing to allow law enforcement officers to enter the scene, or do not cooperate with law enforcement departments of the inspection, monitoring, investigation and collection of evidence, by the local people at or above the county level *** the competent administrative department of health or the competent administrative department of environmental protection. The competent authorities in accordance with their respective duties to order correction, give a warning; refused to correct, by the original licensing department to suspend or revoke the license to practice or business license; violation of the "Chinese People's Republic of China *** and the State Administration of Public Security Punishments Ordinance", constitutes a violation of public security management, the public security organs shall be punished according to law; constitutes a crime, shall be investigated for criminal responsibility.
Article 51 does not have the conditions of centralized disposal of medical waste in rural areas, medical and health institutions do not dispose of medical waste in accordance with the requirements of these Regulations, by the people at the county level *** administrative department of health or the administrative department of environmental protection in accordance with their respective responsibilities ordered to make corrections within a specified period of time, and given a warning; failure to make corrections after the expiration of the time limit, shall be imposed on more than 1,000 yuan to 5,000 yuan of the following fine; cause infectious diseases The spread of infectious diseases or environmental pollution accidents, by the original licensing department to suspend or revoke the license to practice; constitutes a crime, shall be investigated for criminal responsibility.
Article 52 does not obtain a license to engage in medical waste collection, transportation, storage, disposal and other activities, by the local people above the county level * * * the competent department for environmental protection administration shall order the immediate cessation of illegal acts, confiscate the illegal income, and may impose a fine of not more than one times the illegal income.
Article 53 The transfer, sale and purchase of medical waste, medical waste by mail or by rail, air transport, or transport of medical waste by waterway in violation of the provisions of these Regulations, by the local people above the county level *** administrative department of environmental protection shall order the transfer, sale and purchase of the parties, the sender, the shipper to immediately stop the illegal act, give a warning, confiscate the illegal income; illegal income of 5000 yuan or more, and impose a fine of not less than two times but not more than five times the illegal income; if there is no illegal income or the illegal income is less than 5,000 yuan, and impose a fine of not less than 5,000 yuan but not more than 20,000 yuan.
The carrier knows that the shipper violates the provisions of these Regulations to transport medical waste, but still to be transported, or the carrier will be transported on the same means of transport of medical waste and passengers, in accordance with the provisions of the preceding paragraph shall be punished.
Article 54 of the medical and health institutions, medical waste centralized disposal unit in violation of the provisions of these Regulations, resulting in the spread of infectious diseases or environmental pollution accidents, causing damage to others, shall bear civil liability.
8 Chapter VII Supplementary ProvisionsArticle 55 The management of family planning services, medical research, teaching, post-mortem examination and other related activities with direct or indirect infectious, toxic and other hazardous wastes, in accordance with these Regulations.
Article 56 The management of medical waste in military medical and health institutions shall be formulated by the competent health department of the Chinese People's Liberation Army with reference to these Regulations.