Medical Waste Management Regulations Reference

Chapter I General Provisions

Article I

In order to strengthen the safe management of medical waste, prevent the spread of disease, protect the environment and safeguard human health, according to the "Prevention and Control of Infectious Diseases of the People's Republic of China and the State" and the "Prevention and Control of Environmental Pollution of the People's Republic of China and the State Solid Waste Prevention and Control of Environmental Pollution Law", 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 treatment, prevention, health care and other related activities generated by the direct or indirect infectious, toxic and other hazardous waste.

Classification of medical waste 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 abandoned narcotic, psychiatric, radioactive, toxic and other drugs and their related waste management, in accordance with relevant laws, administrative regulations and relevant state regulations and standards.

Article IV

The State promotes the centralized harmless disposal of medical waste, and encourages research and development of safe disposal technology for medical waste.

Local governments at or above the county level is 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 competent health administrative department of the government at or above the county level, the medical waste collection, transportation, storage, disposal activities in the implementation of the unified supervision and management of disease prevention and control; the competent administrative department of environmental protection, the collection, transportation, storage, disposal activities in the prevention and control of environmental pollution in the implementation of the unified supervision and management of medical waste.

Other relevant departments of the government at or above the county level 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 to report violations, complaints, denunciations and accusations.

Chapter II General Provisions of Medical Waste Management

Article 7

Medical and health institutions and medical waste disposal units, should establish and improve the responsibility system for the management of medical waste, the legal representative of 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. Accidents.

Article VIII

Medical and health institutions and centralized disposal of medical waste units, shall formulate 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 protection, as well as emergency treatment and other knowledge training.

Article 10

Medical and health institutions and centralized disposal of medical waste 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 the personnel to prevent damage to their health.

Article 11

Medical and health institutions and medical waste centralized disposal unit, shall, in accordance with the "Chinese People's *** and the State Law on Prevention and Control of Environmental Pollution by Solid Wastes", the implementation of the hazardous waste transfer joint bill management system.

Article 12

Medical and health institutions and medical waste centralized disposal unit, 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, as well as the signature of the person in charge of such items. Registration information is kept for at least three years.

Article 13

Medical and health institutions and medical waste disposal units, should take effective measures to prevent the loss, leakage, spread of medical waste.

In the event of medical waste loss, leakage, proliferation, health care institutions and centralized disposal of medical waste units should take emergency measures to reduce the harm caused by people to provide medical care and on-site rescue; at the same time to the local county government 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

It is prohibited for any unit or individual to transfer, buy or sell 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

It is prohibited to send medical waste by post.

It is prohibited to transport medical waste by rail or air.

There is a land passage, the transportation of medical waste by water is prohibited; there is no land passage must be transported by water for the transportation of medical waste, should be approved by the municipal government above the municipal level of environmental protection administrative department, and to take strict environmental protection measures, before being transported by water.

Prohibit the transportation of 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.

Chapter III of the medical and health institutions on the management of medical waste

Article 16

Medical and health institutions should be collected in a timely manner of medical waste generated by the unit, and according to the type of separation placed in the leakage-proof, anti-sharpness 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 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 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

Medical and health institutions should use leak-proof, anti-leakage, anti-spill special delivery tools, in accordance with the unit to determine the internal delivery time of medical waste, routes, medical waste will be collected, transported to the temporary storage site.

Transportation tools should be used in the health care institution after the designated location in a timely manner to disinfect and clean.

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.

Medical waste of pathogens in the culture medium, specimens and strains of bacteria, viruses and other high-risk waste preservation fluid, in the centralized disposal of medical waste should be sterilized before disposal unit in situ.

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, health care institutions shall, in accordance with the requirements of the competent administrative department of health of the county government, the competent administrative department of environmental protection, their own local disposal of medical waste. Disposal of medical waste, should meet the following basic requirements:

(a) the use of disposable medical equipment and easy to cause injury to the medical waste, should be disinfected and disfigured;

(b) can be incinerated, it should be incinerated in a timely manner;

Chapter IV Centralized Disposal of Medical Waste

Article 22

Units engaged in the centralized disposal of medical waste, shall apply to the competent administrative department of environmental protection of the government at or above the county level to obtain a business license; units not obtaining a business license shall not be engaged in the activities related to the centralized disposal of medical waste.

Article 23

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 technical workers;

(c) with a responsible for the medical waste disposal (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

The storage and disposal facilities of the centralized disposal unit of medical waste shall be far away from residential (village) 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

The centralized disposal of medical waste unit should be at least every 2 days to the medical and health institutions to collect and transport a medical waste, and is responsible for the storage and disposal of medical waste.

Article 26

Centralized 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

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

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 normal operation.

Article 29

Centralized medical waste disposal units dispose of medical waste, shall comply with state regulations on environmental protection, health standards, norms.

Article 30

Centralized 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. Testing, evaluation results are deposited in the centralized disposal of medical waste unit files, every six months to the local administrative department of environmental protection and the competent administrative department of health report.

Article 31

Centralized disposal of medical waste disposal unit 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 fees, can be included in the cost of medical care.

Article 32

Each region shall utilize and renovate the existing solid waste disposal facilities and other facilities for the 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 provincial, autonomous regions and municipalities directly under the Central Government regulations.

In the centralized disposal of medical waste has not been built during the period, the relevant local governments should organize the development of environmental protection and health requirements of the transitional disposal of medical waste program, to determine the collection of medical waste, transportation, disposal methods and disposal units.

Chapter V Supervision and Management

Article 34

Local governments above the county level, the competent administrative department of health, the competent administrative department of environmental protection, shall, in accordance with the provisions of these regulations, in accordance with the division of responsibilities, the supervision and inspection of medical and health care institutions and centralized disposal of medical waste units.

Article 35

Local governments at or above the county level, the competent administrative department of health, 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 disease, as well as the staff of the sanitary protection of the situation of regular supervision and inspection or unscheduled spot checks.

Article 36

Local governments at or above the county level, the 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 to carry out regular 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 spot 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 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 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 to carry out supervision and inspection duties, the right to take the following measures:

(a) on-site inspection of the relevant units, to understand the situation, on-site monitoring, investigation and collection of evidence;

(b) access to or copy of the relevant information on the management of medical waste, the collection of samples;

(D) seizure or temporary detention of suspected violation of the provisions of these Regulations of the premises, equipment, means of transportation and goods;

(E) investigation of violations of the provisions of these Regulations.

Article 40

In the event of the spread of infectious diseases or environmental pollution due to improper management of medical waste, or there is evidence to prove 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, evacuate the people, control the scene, and order the suspension of the cause of the incident that leads to, or is likely to lead to, the spread of infectious diseases or environmental pollution, and the administrative department of environmental protection shall take temporary control measures. The spread of infectious diseases or 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, and shall not be refused and obstructed, and shall not provide false materials

Chapter VI Legal Liability

Article 42

County-level

The local government above the county level fails to comply with these Regulations. Above the local government in accordance with the provisions of these regulations, the organization of the construction of centralized medical waste disposal facilities or organization of the development of transitional disposal of medical waste program, by the higher level of government notification of criticism, and ordered to complete the centralized disposal of medical waste facilities or organization of the development of transitional disposal of medical waste program within a specified time limit; and may be the main leaders of the government, responsible for the competent personnel, given administrative sanctions in accordance with the law.

Article 43

The government at or above the county level, the competent department of health administration, the competent department of environmental protection administration, or other relevant departments, not in accordance with the provisions of these regulations to perform supervision and inspection duties, found that the health care institutions and medical waste centralized disposal unit of the violation of the law is not dealt with in a timely manner, the occurrence of infectious disease transmission or environmental pollution accidents occurring or likely to occur when the failure to take timely measures to reduce hazards, as well as other play a role of the medical waste disposal unit. Hazard reduction measures, as well as other negligence, dereliction of duty, malfeasance, by the government at this level or the relevant departments of the higher level of government shall order correction, and notification of criticism; cause the spread of infectious diseases or environmental pollution accidents, the main person in charge, responsible for the supervisory personnel and other directly responsible personnel shall be given a demotion, dismissal, dismissal of the administrative sanctions; constitutes a crime, shall be investigated for criminal responsibility.

Article 44

The competent administrative department of environmental protection of the government at or above the county level, in violation of the provisions of these Regulations issued a medical waste centralized disposal unit business license, by the government at this level or the competent administrative department of environmental protection of the higher level of government notification of criticism, and ordered to withdraw the certificate issued in violation of the law; and may be the main person in charge, the competent person in charge of the responsibility, and other directly responsible personnel Administrative sanctions shall be imposed according to law.

Article 45

If a medical and health care institution or a centralized medical waste disposal unit violates the provisions of these Regulations in any of the following cases, it shall be ordered by the competent administrative department for health or the competent administrative department for environmental protection of the local government at or above the county level to make corrections within a certain period of time in accordance with their respective duties and shall be given a warning; and if it fails to make corrections after the expiration of this period, it shall be sentenced to a fine of not less than 2,000 yuan and not more than 5,000 yuan:

(a) failed to establish and improve the medical waste management system, or failed to set up a monitoring department or full-time (part-time) personnel;

(b) failed to train the personnel concerned in the relevant laws and professional skills, safety and protection, as well as emergency treatment and other knowledge;

(c) failed to take occupational health precautions for personnel engaged in the collection, transportation, storage, disposal and other work of medical wastes, as well as for management personnel;

(c) failed to take occupational health precautions for personnel and managers engaged in the collection, transportation, storage, disposal and other work of medical wastes;

(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;

(VII) failure to regularly collect medical waste, medical waste disposal facilities, environmental pollution prevention and sanitation, and health and safety measures. Disposal facilities for the prevention of environmental pollution and hygienic effects of testing, evaluation, or failure to test, evaluation of the effect of archiving, reporting.

Article 46

Medical and health institutions, centralized medical waste disposal unit in violation of the provisions of these Regulations, one of the following circumstances, a warning may be imposed and a fine of 5,000 yuan; failure to rectify, a fine of 5,000 yuan or more than 30,000 yuan:

(a) storage facilities or equipment do not meet the environmental protection and hygiene requirements;

(b) (ii) storage facilities or equipment do not meet the environmental protection and hygiene requirements;

(B) medical waste in accordance with the category is not placed in special packaging or containers;

(C) does not meet the standards for the use of special vehicles to transport medical waste or the use of vehicles transporting medical waste to transport other items;

(D) not installed online monitoring devices for pollutant discharges or monitoring devices are not always in a normal operating state.

Article 47

Medical and health institutions, medical waste centralized disposal unit has one of the following circumstances. License; constitutes a crime, shall be investigated for criminal responsibility:

(a) in the process of transporting medical waste, dumping, piling up of medical waste in a non-storage site, or mixing medical waste with other wastes and domestic garbage;

(b) failure to implement the management system of the transfer of hazardous wastes;

(c) hand over medical waste to units or individuals who have not obtained the license to collect, transport, operate, and manage medical waste;

(c) the medical waste to units or individuals who have not obtained the license to collect, transport, and manage medical waste. (C) the medical waste to the unit or individual without a business license to collect, transport, storage, disposal;

(D) the disposal of medical waste does not comply with the national provisions of environmental protection, health standards, norms;

(E) not in accordance with the provisions of these Regulations on sewage, infectious disease patients or suspected infectious disease patient excreta, strict disinfection, or does not meet the national discharge standards, discharged into the sewage treatment

(F) the admission of patients with infectious diseases or suspected infectious diseases patients generated by the domestic waste, not in accordance with the management and disposal of medical waste.

Article 48

Where a medical and health institution violates the provisions of these Regulations by discharging sewage, excreta of patients with infectious diseases or patients with suspected infectious diseases that do not meet the national standards into the urban drainage network, the competent department of construction administration of the local government at or above the county level shall order rectification within a certain period of time, give a warning and impose a fine of 5,000 yuan or more than 10,000 yuan; and if the rectification is not done after the expiration of the period of time, impose a fine of 10,000 yuan or more than 30,000 yuan fine.

Article 49

If a medical and healthcare institution or a centralized medical waste disposal unit fails to take emergency measures in the event of loss, leakage or proliferation of medical waste, or fails to report to the competent administrative department of health and the competent administrative department of environmental protection in a timely manner, it shall be ordered by the competent administrative department of health of the local government at or above the county level or the competent administrative department of environmental protection in accordance with their respective duties to make corrections, give a warning, and impose a fine of more than 10,000 yuan. Correct, give a 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 units, without justifiable reasons, obstruct 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 authorities in the inspection, monitoring, investigation and collection of evidence, by the competent administrative department of health of the local government at or above the county level or the competent administrative department of environmental protection in accordance with their respective responsibilities shall order a fine of up to $50,000. Administrative departments in accordance with their respective responsibilities to order correction, give a warning; refused to correct, by the original licensing department to suspend or revoke the license or business license; violation of the "Chinese People's Republic of China *** and the State Administration of Public Security Punishment Law" constitutes a violation of public security management, by the public security organs shall be punished in accordance with the law; constitutes a crime, shall be investigated for criminal responsibility.

Article 51

Rural areas that do not have the conditions for centralized disposal of medical wastes, medical and health institutions failing to dispose of medical wastes in accordance with the requirements of these Regulations, the competent administrative department of health of the government at the county level or the competent administrative department of environmental protection, in accordance with their respective responsibilities, shall order correction within a specified period of time, and shall be given a warning; if the correction is not made after the expiration of the period of time, the institution shall be sentenced to a fine of 1000 yuan or more than 5000 yuan; 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, be held criminally responsible.

Article 52

If a person fails to obtain a license to engage in the collection, transportation, storage and disposal of medical waste, the competent administrative department for environmental protection of the local government at or above the county level shall order the immediate cessation of the illegal act, confiscate the illegal income, and may impose a fine of not more than one times of the illegal income.

Article 53

Where a person transfers or buys or sells medical wastes, mails or transports medical wastes by rail or by air, or transports medical wastes by waterway in violation of the provisions of these Regulations, the competent administrative department for environmental protection of the local government at or above the county level shall order the transferring or buying or selling party, the maker or shipper of the medical wastes to stop the illegal act immediately, give a warning, and confiscate the illegal income; where the illegal income is more than 5000 yuan, it shall also impose a fine of not more than one times the illegal income. 5000 yuan or more, and impose a fine of not less than two times the illegal income and not more than five times the illegal income; no illegal income or less than 5000 yuan of illegal income, and impose a fine of not less than 5000 yuan and not more than 20,000 yuan.

The carrier knows that the shipper violates the provisions of these Regulations to transport medical waste, but still be transported, or the carrier will be transported on the same vehicle with the passenger medical waste, in accordance with the provisions of the preceding paragraph shall be punished.

Article 54

Medical and health institutions, centralized medical waste disposal units 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.

Chapter VII Supplementary Provisions

Article 55

Family planning technical services, medical research, teaching, post-mortem examination and other related activities generated in the management of directly or indirectly infectious, toxic, and other hazardous wastes, in accordance with the implementation of 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.

Article 57

These Regulations shall come into force on the date of publication.

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