Article 1
In order to strengthen the safe management of medical waste, prevent the spread of disease, protect the environment and safeguard human health, these regulations are formulated in accordance with the Law of the People's Republic of China 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.
Article 2
The medical waste referred to in these regulations refers to the wastes with direct or indirect infectiousness, toxicity and other hazards generated by medical and health institutions in the course of medical treatment, prevention, health care and other related activities.
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.
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.
Management of narcotic, psychotropic, radioactive and toxic drugs and their related wastes discarded by medical and health institutions shall be carried out in accordance with the relevant laws, administrative regulations and relevant national regulations and standards.
Article 4
The state promotes the centralized harmless disposal of medical waste, and encourages the research and development of technologies relating to the safe disposal of medical waste.
Local people's governments at or above the county level are responsible for organizing the construction of centralized medical waste disposal facilities.
The state on the construction of centralized medical waste disposal facilities in remote and poor areas to give appropriate support.
Article 5
The competent administrative department of health of the people's governments at or above the county level, the collection, transportation, storage and disposal of medical waste activities in the prevention and control of disease implementation of unified supervision and management; the competent administrative department of environmental protection, the collection, transportation, storage and disposal of medical waste activities in the prevention and control of environmental pollution implementation of unified supervision and management.
People's governments 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 report, complain, denounce and accuse the illegal acts of the medical and health institutions, the centralized medical waste disposal units and the supervision and management departments and their staff.
Edited Chapter II General Provisions on Medical Waste Management
Article 7
Medical and health institutions and centralized disposal units of medical waste shall establish and improve the responsibility system for the management of medical waste, and their legal representatives shall be the first person responsible for the effective fulfillment of their duties, and to prevent the spread of infectious diseases and accidents of 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 checking, 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 of medical waste and management 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 for personnel engaged in the collection of medical waste, transportation, storage, disposal and other personnel and management personnel, equipped with the necessary protective equipment, regular health checks; if necessary, immunization of the personnel concerned, to prevent damage to their health.
Article 11
Medical and health institutions and medical waste centralized disposal units, shall, in accordance with the provisions of the "Chinese People's Republic of China *** and the State Law on the Prevention and Control of Environmental Pollution by Solid Wastes", the implementation of the hazardous wastes transfer joint bill management system.
Article 12
Medical health institutions and medical waste centralized disposal unit, shall register medical waste, the registration shall include the source, type, weight or quantity of medical waste, the handover time, disposal methods, 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.
In the event of medical waste loss, leakage, proliferation, medical and health institutions and medical waste disposal units shall take emergency measures to reduce the harm, to provide medical care and on-site rescue of patients; at the same time, to the local people's government at the county level, the competent 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 from transferring, buying or selling medical waste.
It is prohibited to discard medical wastes during transportation; it is prohibited to dump or pile up medical wastes in non-storage locations or to 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.
Where there is a land route, it is prohibited to transport medical waste by water; where there is no land route and medical waste must be transported by water, it shall be approved by the administrative department for environmental protection of the people's government at or above the municipal level of the district and strict environmental protection measures shall be taken before it is 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.
Edited Chapter III Management of Medical Waste by Medical and Healthcare Institutions
Article 16
Medical and healthcare institutions shall collect medical waste generated by the organization in a timely manner and place it in leakage-proof, sharps-penetration-proof special packages or airtight containers according to categories.
Specialized packaging for medical waste, containers, there should be obvious warning signs and warning instructions.
Specialized packaging for medical waste, containers, standards and warning signs of the provisions of the State Council, the competent administrative department of health and the competent administrative department of environmental protection **** with the development.
Article 17
Medical and health institutions shall establish temporary storage facilities and equipment for medical wastes, and shall not store medical wastes in the open air; the time of temporary storage of medical wastes shall not exceed two days.
Temporary storage facilities for medical waste, equipment, should be far from the medical area, food processing areas and personnel activities, as well as living garbage storage place, and set up obvious warning signs and leakage, rodent, mosquito and fly prevention, cockroach, anti-theft, and prevention of children's access to such safety measures.
The temporary storage facilities and equipment for medical waste should be sterilized and cleaned regularly.
Article 18
Medical and health institutions shall use anti-leakage, anti-spill special delivery tools, in accordance with the unit to determine the time and route of the internal medical waste delivery, medical waste will be collected, transported to the temporary storage site.
Transportation tools should be used in health care institutions after the use of a designated location in a timely manner to disinfect and clean.
Article 19
Medical 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, poisonous species preservation fluid and other high-risk wastes, should be sterilized in situ before handing over to the centralized disposal of medical waste disposal unit.
Article 20
The sewage produced by medical and health institutions, patients with infectious diseases 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
No centralized disposal of medical waste conditions 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, on their own in situ disposal of medical waste generated. Self-disposal of medical waste, should meet the following basic requirements:
(a) after the use of disposable medical equipment and easily damaged medical waste, 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.
Edited Chapter IV Centralized Disposal of Medical Waste
Article 22
Units engaged in the activities of centralized disposal of medical waste shall apply to the competent administrative department of environmental protection of the people's governments at or above the county level for an operating license; units not obtaining an operating license shall not be engaged in the activities relating to the centralized disposal of medical waste.
Article 23
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 a responsible for the medical waste disposal Effectiveness 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 (village) areas, water protection zones and main traffic arteries, and workplaces such as factories and enterprises with appropriate safety protection distance, and in accordance with the provisions of the State Council administrative department of environmental protection.
Article 25
Centralized disposal units of medical waste shall collect and transport medical waste to medical and health institutions at least once every two days, and is responsible for the storage and disposal of medical waste.
Article 26
Centralized medical waste disposal unit to transport medical waste, shall 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 shall meet the leakage prevention, anti-spill and other environmental protection and health requirements.
Special vehicles for the transport of medical waste should be used after the centralized disposal of medical waste should be disinfected and cleaned in a timely manner.
Special vehicles for the transportation of medical waste shall not transport other items.
Article 27
Centralized medical waste disposal unit shall ensure the safety of the transportation of medical waste in the process, shall not be discarded, scattered medical waste.
Article 28
Centralized medical waste disposal unit shall install 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 institutions in accordance with the provisions of the medical waste disposal fees, can be included in medical costs.
Article 32
Regions shall utilize and renovate existing solid waste disposal facilities and other facilities to centralize the disposal of medical waste and to meet basic environmental protection and health requirements.
Article 33
Cities that do not yet have centralized disposal facilities or disposal capacity is insufficient, from the date of implementation of these regulations, cities above the municipal level in the districts should be built within one year of the centralized disposal of medical waste; 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 people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
In yet to be built during the centralized medical waste disposal facilities, the relevant local people's government shall organize the development of environmental protection and health requirements in line with the transitional disposal of medical waste program, to determine the medical waste collection, transportation, disposal methods and disposal units.
Edit Chapter V Supervision and Management
Article 34
The competent administrative department of health and the competent administrative department of environmental protection of the local people's governments at or above the county level shall, in accordance with the provisions of these regulations and in accordance with the division of responsibilities, supervise and inspect medical and health care institutions and centralized medical waste disposal units.
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 unscheduled random inspection of medical and health institutions and medical waste centralized disposal units engaged in the collection, transportation, storage and disposal of medical waste in the prevention and control of disease, and the staff's sanitary protection.
Article 36
The competent administrative department of environmental protection of the local people's government at or above the county level shall carry out regular supervision and inspection or unscheduled spot checks on medical and health institutions and medical waste disposal units engaged in the collection, transportation, storage and disposal of medical waste in the prevention and control of environmental pollution.
Article 37
The competent administrative department of health and the competent administrative department of environmental protection shall regularly exchange the results of supervision and inspection and spot check. 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 reports, complaints, whistleblowing and accusations against medical and health institutions, centralized medical waste disposal units and supervisory and management departments and their staff of violations of these regulations, shall promptly verify and deal with them in accordance with the law, and publish the results of the dealings.
Article 39
The competent administrative department of health, the competent administrative department of environmental protection to perform supervision and inspection duties, have the right to take the following measures:
(1) on-site inspection of the relevant units, to understand the situation, on-site monitoring, investigating and obtaining evidence;
(2) access to or copy of the relevant information on the management of medical wastes, the collection of samples;
(C) order 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 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 behavior.
Article 40
In the event of an accident of infectious disease transmission or environmental pollution due to improper management of medical wastes, 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 the activities that cause or are likely to cause the accident, as needed. The spread of infectious diseases or environmental pollution accident operations.
Article 41
Medical and health care institutions and centralized medical waste disposal units shall cooperate with the inspection, monitoring, investigation and evidence collection of the relevant departments, and shall not refuse or obstruct them, or provide false materials.
Edited Chapter VI Legal Liability
Article 42
Local people's governments at or above the county level who fail to organize the construction of centralized medical waste disposal facilities or organize the development of transitional disposal programs for medical waste in accordance with the provisions of these Regulations shall be notified of criticism by the people's government at the higher level, and shall be ordered to complete the construction of centralized medical waste disposal facilities or organize the development of transitional disposal programs for medical waste by a specific deadline; and may be liable to the higher level people's government for notification and criticism. Transitional disposal program; and may be the main leaders of the government, responsible persons in charge, shall be given administrative sanctions.
Article 43
The competent administrative department of health, the competent administrative department of environmental protection or other relevant departments of the people's governments at or above the county level, failing to perform their duties of supervision and inspection in accordance with the provisions of these regulations, discovering that medical and health care institutions and centralized disposal of medical wastes do not deal with the violations of law in a timely manner, and failing to take measures to reduce the hazards in a timely manner in the event of the occurrence of, or the possibility of, the spread of infectious diseases or environmental pollution accidents, as well as having other Hazard reduction measures, as well as other negligence, dereliction of duty, malfeasance, by the people's government at this level or the people's government at a higher level of the relevant departments ordered to make corrections, 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 personnel directly responsible for the law to give the demotion, dismissal, expulsion of the administrative sanctions; constitutes a crime, shall be investigated according to law. Criminal responsibility.
Article 44
The competent administrative department for environmental protection of the people's government at or above the county level, if it issues an operating license to a centralized medical waste disposal unit in violation of the provisions of these Regulations, the people's government at the present level or the competent administrative department for environmental protection of the people's government at a higher level shall notify and criticize the person, and order to take back the certificate issued in violation of the law; it may also impose administrative penalties on the principal person-in-charge, competent person in charge of the person who bears responsibility and other directly responsible persons according to law. directly responsible personnel shall be given administrative sanctions in accordance with the law.
Article 45
If a medical and healthcare 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 of health or the competent administrative department of environmental protection of the local people's government at or above the county level to make corrections within a certain period of time in accordance with their respective duties and given a warning; if it fails to make corrections after the expiration of the period of time, it shall be subject to a fine of not less than 2,000 yuan and not more than 5,000 yuan:< /p>
(a) failure to establish and improve the medical waste management system, or failure to set up a monitoring department or full-time (part-time) personnel;
(b) failure to train the personnel concerned in the relevant laws and professional technology, safety and protection, as well as knowledge of emergency treatment;
(c) failure to engage in the collection of medical waste, transportation, storage and disposal of medical waste, and the management of the work of the personnel and management personnel Occupational health protection measures;
(D) failure to register medical waste or failure to save the registration data;
(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 Waste disposal facilities for environmental pollution prevention and sanitation effects of testing, evaluation, or failure to test, evaluation of the effects of archiving, reporting.
Article 46
If a medical and healthcare 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 of health or the competent administrative department of environmental protection of the local people's government at or above the county level in accordance with their respective duties to make corrections within a certain period of time, and be given a warning, or may be fined up to 5,000 yuan; if it fails to make corrections after the expiration of the time limit, it shall be fined 5,000 yuan or more than 30,000 yuan. Yuan or more than 30,000 yuan fine:
(a) storage facilities or equipment does not meet the requirements of environmental protection, health;
(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 transporting medical waste or the use of vehicles transporting medical waste to transport other items;
(d) not installed online monitoring devices for pollutant emissions or monitoring devices are not always in a state of normal operation.
Article 47
Medical and healthcare institutions and centralized medical waste disposal units in any of the following circumstances, the competent administrative department of health or the competent administrative department of environmental protection of the local people's government at or above the county level shall, in accordance with their respective duties, order correction within a specified period of time, give a warning and impose a fine of 5,000 yuan or more than 10,000 yuan; if the correction is not made after the expiration of the period of time, a fine of 10,000 yuan or more than 30,000 yuan shall be imposed Fines of less 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 held criminally responsible:
(a) in the process of transporting 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 units or individuals who have not obtained a business license to collect, transport, storage, disposal;
(D) the disposal of medical waste does not comply with the national provisions of the environmental protection, health standards, norms;
(E) failure to sewage in accordance with the provisions of the Regulations, Infectious disease patients 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 disease patients or suspected infectious disease patients generated by the living garbage, 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's government at or above the county level of the competent department of construction administration ordered to make corrections within a certain period of time, given a warning, and imposed a fine of 5,000 yuan or more than 10,000 yuan; overdue corrections
Article 49
If a medical and healthcare institution or a centralized medical waste disposal unit fails to take emergency measures in the event of the loss, leakage or spread 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 to make corrections by the competent administrative department of health of the local people's government at or above the county level or by the competent administrative department of environmental protection in accordance with their respective responsibilities, and shall be given a warning. Order correction, 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 healthcare institutions and centralized medical waste disposal units that, without justifiable reasons, obstruct law enforcement officers of the competent administrative department of health or the competent administrative department of environmental protection in the performance of their duties, refuse to allow law enforcement officers to enter the site, or fail to cooperate with the law enforcement authorities in their inspections, monitoring, investigations and collection of evidence shall be subject to a fine of $50,000 by the competent administrative department of health of the local people's government at or above the county level or by the The administrative department of environmental protection in accordance with their respective responsibilities shall order correction and give a warning; refusal to make corrections, the original licensing department shall suspend or revoke the license to practice or business license; violation of the "Chinese People's Republic of China *** and the State Public Security Administration Punishment Law" constitutes a violation of public security administration, the public security organs shall be punished in accordance with the law; constitutes a crime, shall be investigated for criminal responsibility.
Article 51
In rural areas that do not have the conditions for centralized disposal of medical wastes, where medical and health institutions fail to dispose of medical wastes in accordance with the requirements of these Regulations, the competent administrative department of health of the people's government at the county level or the competent administrative department of environmental protection, in accordance with their respective duties, shall order correction within a specified period of time, and shall be given a warning; in the case of failure to do so, a fine of not less than 1,000 yuan and not more than 5,000 yuan shall be imposed ; 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 52
Where a person fails to obtain a business license to engage in the collection, transportation, storage and disposal of medical wastes, the competent administrative department for environmental protection of the local people's 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, or mails or transports medical wastes by rail or air, or transports medical wastes by water in violation of the provisions of these Regulations, the competent administrative department for environmental protection of the local people's government at or above the county level shall order the transferring or buying or selling party, or the person who mails or ships the wastes, to stop the illegal act at once, and shall give a warning, and shall confiscate the illegal proceeds. If the proceeds are more than 5,000 yuan, a fine of not less than two times but not more than five times the illegal proceeds shall be imposed; if there is no illegal proceeds or the illegal proceeds are less than 5,000 yuan, a fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed.
The carrier who 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 medical waste and passengers, shall be punished in accordance with the provisions of the preceding paragraph.
Article 54
Medical and health institutions and centralized medical waste disposal units that violate the provisions of these Regulations, leading to the spread of infectious diseases or environmental pollution accidents, causing damage to others, shall bear civil liability in accordance with the law.
Edited Chapter VII Supplementary Provisions
Article 55
The management of directly or indirectly infectious, toxic, and other hazardous wastes generated from family planning technical services, medical scientific research, teaching, cadaveric examination, and other related activities, shall be carried out in accordance with these Regulations.
Article 56
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.