Chapter I General Provisions
Article 1
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 "Chinese People's *** and the State of the Prevention and Control of Infectious Diseases Act" and "Chinese People's *** and the State of 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 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 department of health administration of the people's governments 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 department of environmental protection administration, the medical waste collection, transportation, storage, disposal activities in the prevention and control of environmental pollution in the implementation of the 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 medical and health institutions, medical waste disposal units and supervision and management departments and their staff for violations of the law to report, complaints, denunciations and accusations.
Chapter II General Provisions on Medical Waste Management
Article 7
Medical and health institutions and centralized medical waste disposal units, shall establish and improve the responsibility system for the management of medical waste, and its legal representative shall be the first person responsible for the effective performance of their duties, to prevent the spread of infectious diseases and environmental pollution caused by medical waste.
Article 8
Medical health institutions and centralized medical waste disposal unit, shall formulate rules and regulations relating 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, and to prevent violations of these regulations.
Article IX
Medical institutions and centralized medical waste disposal 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 health institutions and centralized medical waste disposal 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 unit, 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.
The occurrence of medical waste loss, leakage, proliferation, health care institutions and centralized medical waste disposal unit 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 places or to mix medical wastes with other wastes and domestic garbage.
Article 15
It is prohibited to mail medical waste.
It is prohibited to transport medical waste by rail or air.
There is a land passage, prohibit the transportation of medical waste by water; there is no land passage must be transported by water medical waste, should be approved by the municipal people's government above the municipal level of environmental protection administrative department, 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 the water bodies in the drinking water source protection zone.
Chapter III of the medical and health institutions on the management of medical waste
Article 16
Medical and health institutions shall promptly collect the medical waste generated by the unit, and according to the category of the separation of leakage-proof, anti-sharpness penetration of the special packaging or airtight containers.
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 waste, shall not be open storage of medical waste; temporary storage of medical waste shall not exceed two days.
Temporary storage facilities for medical waste, equipment, should be far away from the medical area, food processing areas and personnel activities, as well as living garbage storage, and set up obvious warning signs and leakage, rodent, mosquito and fly, cockroach, anti-theft, and prevention of children in contact with other 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 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, health care institutions shall, in accordance with the requirements of the competent administrative department of health of the people's government at the county level, the competent administrative department of environmental protection, their own local disposal of medical waste. Self-disposal of medical waste, 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;
(c) can not be incinerated, disinfected and centralized landfill.
Chapter IV of the centralized disposal of medical waste
Article 22
Units engaged in the centralized disposal of medical waste, shall apply to the people's governments at or above the county level of the administrative department of environmental protection to obtain a business license; without obtaining a permit for the operation of the unit, shall not be engaged in the activities related to the centralized disposal of medical waste.
Article 23
Centralized disposal of medical waste unit, 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 a responsible for the medical waste disposal Effectiveness of 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 areas and traffic arteries, and factories, enterprises and other workplaces 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 medical waste in the process of transporting medical waste, shall not be discarded, spilled 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 and 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
No centralized disposal facilities or disposal capacity is insufficient in the city, from the date of implementation of these regulations, the municipal level of the city shall be built within one year of the centralized disposal of medical waste; county-level cities shall 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 and municipalities directly under the Central People's Government.
In yet to be built during the centralized disposal of medical waste facilities, the relevant local people's government shall 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 and disposal of waste disposal unit.
Chapter V Supervision and Administration
Article 34
Local people's governments at or above the county level of 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 the centralized disposal of medical waste unit.
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 diseases, as well as 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 random inspection of 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 carry out supervision and inspection duties, have the right to take the following measures:
(a) on-site inspection of the relevant units, 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 waste, 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 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 waste, or when there is evidence that an accident of infectious disease transmission or environmental pollution is likely to occur, the competent administrative department of health and the competent administrative department of environmental protection shall take temporary control measures, evacuate the personnel, control the scene, and order the suspension of the activities which have caused or are likely to cause the accident, if necessary. The spread of infectious diseases or environmental pollution accident operations.
Article 41
Medical and health institutions and units for centralized disposal of medical wastes shall cooperate with the inspection, monitoring, investigation and evidence collection of the relevant departments, and shall not refuse or obstruct them, and shall not provide false materials
Chapter VI Legal Liability
Article 42
Local people's governments at or above the county level have failed to, in accordance with the provisions of the present Regulations Organize the construction of centralized medical waste disposal facilities or organization to develop a transitional disposal program for medical waste, by the people's government at a higher level to notify the criticism, and ordered to complete the centralized disposal facilities for medical waste or organization to develop a transitional disposal program for medical waste; and may be the main leaders of the government, the responsible persons in charge, and be given administrative sanctions in accordance with the law.
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 the duties of supervision and inspection in accordance with the provisions of these regulations, and 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. Take measures to reduce the harm, as well as other negligence, dereliction of duty, malpractice, by the people's government at this level or the relevant departments of the people's government at a higher level 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, administrative sanctions; constitutes a crime, shall be investigated according to law. Criminal responsibility.
Article 44
The competent administrative department of environmental protection of the people's government at or above the county level, in violation of the provisions of these regulations issued to the centralized disposal of medical waste unit license, the people's government of the people's government of the current level or the higher people's government of the people's government of the environmental protection department shall notify and criticize, and order to take back the certificate of the illegal issuance; and may be the main person in charge, the competent person in charge of the responsibility and other Directly responsible personnel shall be given administrative sanctions.
Article 45
Medical and health institutions, medical waste centralized disposal unit in violation of the provisions of these Regulations, one of the following circumstances, by the local people's government at or above the county level, the competent administrative department of health or the competent administrative department of environmental protection in accordance with their respective duties ordered to correct within a specified period of time, and shall be given a warning; if the failure to do so is not corrected, shall be sentenced to pay a fine of more than 2,000 yuan to less than 5,000 yuan:< /p>
(a) failed to establish and improve the medical waste management system, or failure to set up monitoring department or full-time (part-time) staff;
(b) failure to train the relevant personnel in relevant laws and professional skills, safety and protection, as well as emergency treatment and other knowledge;
(c) failure to engage in the collection of medical waste, transportation, storage, disposal of personnel and managers Occupational health protection measures;
(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 environmental pollution prevention and control of medical waste disposal facilities. 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
Medical and health institutions, centralized medical waste disposal units in violation of the provisions of these Regulations, one of the following circumstances, a warning may be imposed, and may be subject to a fine of less than 5,000 yuan; the failure to rectify the situation, the penalty shall be 5,000 yuan or more than 30,000 yuan fine:
(a) storage facilities or equipment do not meet the requirements of environmental protection and hygiene;<
(ii) medical waste in accordance with the category is not placed in special packaging or containers;
(c) not use the standardized special vehicles for the transportation of medical waste or the use of vehicles for the transportation of medical waste to transport other items;
(d) failure to install pollutant emissions online monitoring devices or monitoring devices are not always in a normal operating state.
Article 47
Medical and health institutions and centralized disposal units of medical waste in one of the following cases, by the local people's government at or 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 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, the penalty shall be a fine of 10,000 yuan or more than 30,000 yuan. Below the fine; 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, be held criminally responsible:
(a) in the process of transporting medical waste, dumping, piling up of medical waste in the non-storage site or mixing medical waste with other wastes and domestic garbage;
(B) failure to implement the management system of hazardous waste transfer joint bill;
(C) 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 these Regulations, 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 patients with infectious diseases or suspected infectious disease patients generated by the life of the 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 specified period of time, give a warning, and impose a fine of 5,000 yuan or more than 10,000 yuan; overdue corrections , impose a fine of 10,000 yuan or more than 30,000 yuan.
Article 49
If a medical and health care 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 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 duties. Ordered to 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 licenses; constitutes a crime, shall be investigated for criminal responsibility.
Article 50
Medical and health care institutions and centralized disposal units of medical wastes 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 scene, or do not cooperate with the law enforcement authorities in inspection, monitoring, investigation and evidence collection, shall be subject to investigation and prosecution 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 responsibilities. The administrative department of environmental protection in accordance with their respective responsibilities ordered to correct, 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 Public Security Administration Punishment Act" constitutes a violation of public security administration, the public security organs shall be punished according to law; constitutes a crime, shall be investigated for criminal responsibility.
Article 51
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's government at the county level, the competent administrative department of health or the competent 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; overdue corrections, shall be sentenced to more than 1,000 yuan to 5,000 yuan of the following 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 52
If a person fails to obtain a license to engage in the collection, transportation, storage and disposal of medical waste, the administrative department of 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
If 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 people's government at or above the county level shall order the transferring or buying or selling party, or the person who mails or shippers the medical wastes to stop the illegal act immediately, give a warning, and confiscate the illegal proceeds. Income of more than 5,000 yuan, and impose a fine of more than two times the illegal income of less than five times; no illegal income or illegal income of less than 5,000 yuan, and impose a fine of more than 5,000 yuan of less 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
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 the civil liability in accordance with the law.
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 wastes 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.