HB-5574, As Passed House, April 30, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 5574

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 13815 (MCL 333.13815), as added by 1990 PA 21.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 13815. A producing facility shall submit the following

registration fee with the registration form required under section

13813:

     (a) For a producing facility that is a health facility or

agency other than a hospital described in subdivision (b) and for a

producing facility that is not a health facility or agency, a

registration fee of $75.00.

     (b) For a producing facility that is a health facility or

agency that is a hospital with 150 or more licensed beds or a

clinical laboratory, a registration fee of $150.00.

     (1) Subject to subsection (2), a person shall not operate as a

trauma scene waste management practitioner unless the person is

registered under this section. A person shall apply for

registration on forms and in the manner prescribed by the

department.

     (2) A person operating as a trauma scene waste management

practitioner immediately before the effective date of the

amendatory act that added this subsection may continue to operate

as a trauma scene waste management practitioner, subject to the

following:

     (a) Within 30 days after the effective date of the amendatory

act that added this subsection, the person shall notify the

department that the person is operating and intends to continue to

operate as a trauma scene waste management practitioner.

     (b) By the date and in the manner prescribed by the

department, the person shall submit to the department an

application for registration. Upon receipt of the application, the

department shall proceed in the manner prescribed in subsection

(4).

     (c) The person shall immediately cease operation as a trauma

scene waste management practitioner upon receipt of a notice that

its application for registration under subdivision (b) has been

denied. A person who receives a notice that its application for

registration has been denied may reapply, and the department shall

proceed in the manner prescribed in subsection (4).

     (3) A person that applies or reapplies for registration under

this section, including a person that applies for registration

renewal under subsection (5), shall submit all of the following

with the application:

     (a) A registration fee of $75.00.

     (b) A written trauma scene waste management plan that meets

the requirements of subsection (8).

     (c) Proof of financial responsibility for bodily injury,

property damage, or environmental damage to third parties caused by

accidental occurrences arising from the trauma scene waste cleanup

and transport activities of the trauma scene waste management

practitioner.

     (d) Subject to subsection (5), a fee prescribed by the

department to cover the expense of the background check required

under subsection (4).

     (4) Upon receipt of a complete application for registration

under this section and the applicable fee or fees, and subject to

subsection (5), the department shall cause to be conducted a

background check of all individuals listed in the application as

being the owners, officers, directors, partners, or other key

employees of the trauma scene waste management practitioner. The

department shall determine whether any information received as a

result of the background check makes the trauma scene waste

management practitioner ineligible to be registered under this

section and, if so, shall not register the person. The department

shall notify the person that its application for registration has

been denied under this section and include the reasons for the

denial. A person who receives a notice that its application for

registration has been denied under this subsection may reapply in

the manner prescribed in subsection (3), and the department shall

proceed in the manner prescribed in this subsection on the

application as if it were a new application. If the department

determines that the applicant is able to engage in the cleanup,

handling, and transport of trauma scene waste in a manner that will

protect the public health, safety, and welfare and the environment,

the department shall issue a certification of registration to the

applicant under this section.

     (5) A certificate of registration issued under this section is

valid for 3 years from the date of issuance. A trauma scene waste

management practitioner shall comply with subsection (2) and any

rules promulgated by the department to obtain a renewal

registration under this section. The department shall act on a

renewal registration application in the same manner as a new

application under subsection (4). However, the department is not

required to conduct a background check annually, but shall conduct

a background check of a trauma scene waste management practitioner

for a renewal registration application at least once every 3 years.

     (6) Fees collected pursuant to this section shall be forwarded

to the state treasurer and deposited in the fund.

     (7) Within 90 days after the effective date of the amendatory

act that added this subsection and on a continuing basis, the

department, in consultation with the trauma scene waste management

industry and the health care industry, shall establish the

following standards:

     (a) Documentation of personal protection required to be

provided for and used by employees of trauma scene waste management

practitioners.

     (b) Technologies, chemicals, and procedures appropriate for

cleaning and disinfecting a trauma scene.

     (c) Procedures and equipment appropriate for removing,

storing, transporting, and disposing of trauma scene waste.

     (d) Other standards as necessary.

     (8) A trauma scene waste management practitioner shall develop

a trauma scene waste management plan. The trauma scene waste

management plan shall describe all of the following consistent with

the standards under subsection (7):

     (a) The personal protection to be provided to employees of the

trauma scene waste management practitioner to minimize exposure to

infectious agents throughout the process of handling and

transporting trauma scene waste.

     (b) The technologies, chemicals, and procedures to be used for

cleaning and disinfecting the trauma scene.

     (c) Procedures and equipment to be used for removing, storing,

transporting, and disposing of trauma scene waste.

     (d) Any other information that the department determines is

necessary under subsection (7).

     (9) A trauma scene waste management practitioner shall update

its trauma scene waste management plan every year or within 30 days

of a change in any of the following:

     (a) A person or site named in the plan.

     (b) The types of trauma scene waste handled or the methods of

handling trauma scene waste.

     (10) A trauma scene waste management practitioner shall comply

with its trauma scene waste management plan and shall transport

trauma scene waste to a producing facility that decontaminates or

incinerates medical waste for treatment or disposal. A trauma scene

waste management practitioner shall not store trauma scene waste on

its premises for more than 7 days. A trauma scene waste management

practitioner shall package medical waste in the manner prescribed

in section 13821 and as otherwise prescribed by the department.

     (11) The department may inspect a trauma scene waste

management practitioner in either a routine or unannounced manner

in order to determine whether the trauma scene waste management

practitioner should be registered or to investigate a complaint.

The department may deny, suspend, or revoke registration if the

department determines that the trauma scene waste management

practitioner is not able to engage in the cleanup, handling, and

transport of trauma scene waste in a manner that will protect the

public health, safety, and welfare and the environment. The

department shall provide notice under section 92 of the

administrative procedures act of 1969, 1969 PA 306, MCL 24.292, and

an opportunity for a contested case hearing under chapter 4 of the

administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to

24.287, before suspending or revoking a registration under this

subsection.

     (12) Section 13813 and, except as provided in this subsection,

section 13817 do not apply to a trauma scene waste management

practitioner. A trauma scene waste management practitioner shall

make its trauma scene waste management plan available to the

department in the same manner as required for a medical waste

management plan under section 13817(4) and (5).

     (13) The department shall post and maintain on its website a

current list of registered trauma scene waste management

practitioners. Upon request, the department shall submit a current

list of registered trauma scene waste management practitioners to

other public agencies and to the general public.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5575 of the 94th Legislature is enacted into

law.