Act No. 105

Public Acts of 2024

Approved by the Governor

July 23, 2024

Filed with the Secretary of State

July 23, 2024

EFFECTIVE DATE:  July 23, 2024

state of michigan

102nd Legislature

Regular session of 2024

Introduced by Senator McDonald Rivet

ENROLLED SENATE BILL No. 482

AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 13809 and 13810 (MCL 333.13809 and 333.13810), as added by 1990 PA 21.

The People of the State of Michigan enact:

Sec. 13809. A producing facility that does not incinerate medical waste on site shall do all of the following to contain medical waste:

(a) Package, contain, and locate medical waste in a manner that protects and prevents the medical waste from release at the producing facility or at any time before ultimate disposal.

(b) Separate the categories of medical waste at the point of origin into appropriate containers that are labelled as required under subdivision (c).

(c) Label the containers required under subdivision (b) with a biohazard symbol or the words “medical waste” or “pathological waste” in letters not less than 1 inch high.

(d) Not compact or mix medical waste with other waste materials before decontamination, incineration, and disposal.

(e) If decontaminated medical waste is mixed with other solid waste, clearly label the container to indicate that it contains decontaminated medical waste.

(f) Store medical waste in such a manner that prevents putrefaction and also prevents infectious agents from coming in contact with the air or with individuals.

(g) If medical waste is stored outside of the producing facility, store the medical waste in a secured area or locked in a container that weighs more than 500 pounds and prevent access to the area or container by vermin or unauthorized individuals.

(h) Except as provided under subdivision (i), not store medical waste on the premises of the producing facility for more than 90 days.

(i) Store sharps contained in a sharps container on the premises of the producing facility until the sharps container is filled to no more than 3/4 capacity but for no more than 18 months from the date the first sharps is deposited into the container.

 

Sec. 13810. A producing facility that incinerates medical waste on site shall do all of the following to contain medical waste:

(a) Package, contain, and locate medical waste in a manner that protects and prevents the medical waste from release at the producing facility or at any time before ultimate disposal.

(b) Separate and dispose of sharps in the manner described in section 13811(d).

(c) Label the containers required under subdivision (a) with a biohazard symbol or the words “medical waste” or “pathological waste” in letters not less than 1 inch high.

(d) Except as provided under subdivision (e), not store medical waste on the premises of the producing facility for more than 90 days.

(e) Store sharps contained in a sharps container on the premises of the producing facility until the sharps container is filled to no more than 3/4 capacity but for no more than 18 months from the date the first sharps is deposited into the container.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved___________________________________________

____________________________________________________

Governor