S-1731

AN ACT Relating to microbial inactivation of biomedical waste; amending RCW 70.95K.010; adding a new section to chapter 70.95K RCW; creating a new section; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that laboratory-generated cultures and stocks are the most dangerous portion of the biomedical waste stream. It is the purpose of this act to require the microbial inactivation of cultures and stocks.

Sec. 2. RCW 70.95K.010 and 1994 c 165 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Biomedical waste" means, and is limited to, the following types of waste:

(a) "Animal waste" is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans.

(b) (("Biosafety level 4 disease waste" is waste contaminated with blood, excretions, exudates, or secretions from humans or animals who are isolated to protect others from highly communicable infectious diseases that are identified as pathogenic organisms assigned to biosafety level 4 by the centers for disease control, national institutes of health, biosafety in microbiological and biomedical laboratories, current edition.

~~(c)~~)) "Cultures and stocks" are wastes infectious to humans ((and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and mix cultures)) requiring biosafety level 3 or biosafety level 4 practices.

((~~(d)~~)) (c) "Human blood and blood products" is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products.

((~~(e)~~)) (d) "Pathological waste" is waste human source biopsy materials, tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation.

((~~(f)~~)) (e) "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package.

(2) "Biosafety level 3 practices" means practices identified in the centers for disease control and prevention publication, "Biosafety in Microbial and Biomedical Laboratories," third edition, May 1993, as necessary to handle indigenous or exotic agents properly, which agents may be aerosol-transmitted and may cause serious and potentially lethal infection.

(3) "Biosafety level 4 practices" means practices identified in the centers for disease control and prevention publication, "Biosafety in Microbial and Biomedical Laboratories," third edition, May 1993, as necessary to handle dangerous and exotic agents properly, which agents pose a high risk of life-threatening disease, may be aerosol-transmitted, and for which there is no available vaccine or therapy.

(4) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.

(5) "Local government" means city, town, or county.

((~~(3) "Local health department" means the city, county, city-county, or district public health department.~~

~~(4)~~)) (6) "Local health jurisdiction" means the county, city-county or multicounty public health department or district.

(7) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.

(8) "Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, state government agency, or local government.

(((5) "Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease.

~~(6)~~)) (9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities and transportation commission.

(10) "Residential sharps waste" has the same meaning as "sharps waste" in subsection (1) of this section except that the sharps waste is generated and prepared for disposal at a residence, apartment, dwelling, or other noncommercial habitat.

((~~(7)~~)) (11) "Sharps waste container" means a leak-proof, rigid, puncture-resistant red container that is taped closed or tightly lidded to prevent the loss of the residential sharps waste.

(((8) "Mail programs" means those programs that provide sharps users with a multiple barrier protection kit for the placement of a sharps container and subsequent mailing of the wastes to an approved disposal facility.

(9) "Pharmacy return programs" means those programs where sharps containers are returned by the user to designated return sites located at a pharmacy to be transported by a biomedical or solid waste collection company approved by the utilities and transportation commission.

~~(10) "Drop-off programs" means those program sites designated by the solid waste planning jurisdiction where sharps users may dispose of their sharps containers.~~

~~(11)~~)) (12) "Source separation" has the same meaning as in RCW 70.95.030.

(13) "Treatment" means incineration, sterilization, or other method, technique, or process that changes the character or composition of a biomedical waste so as to minimize the risk of transmitting an infectious disease.

((~~(12)~~)) (14) "Unprotected sharps" means residential sharps waste that are not disposed of in a sharps waste container.

NEW SECTION. Sec. 3. A new section is added to chapter 70.95K RCW to read as follows:

Generators of cultures and stocks shall treat those cultures and stocks before final disposal in either of the following ways: (1) The generators may treat the cultures and stocks before transport from the facility; or (2) segregate the cultures and stocks from other biomedical waste and transport them to a treatment facility. A commercial biomedical waste treatment facility must be authorized by the local health jurisdiction to treat cultures and stocks through the facility's process. A decision by a local health jurisdiction regarding the treatment of cultures and stocks is subject to review and approval or disapproval by the department of health and the department of labor and industries.

NEW SECTION. Sec. 4. Section 3 of this act takes effect January 1, 2001.