Texas Administrative Code › Title 30 - ENVIRONMENTAL QUALITY › Part 1 - TEXAS COMMISSION ON ENVIRONMENTAL QUALITY › Chapter 335 - INDUSTRIAL SOLID WASTE AND MUNICIPAL HAZARDOUS WASTE › Subchapter W - MANAGEMENT STANDARDS FOR HAZARDOUS WASTE PHARMACEUTICALS › Section 335.751 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following definitions apply to this subchapter:
(1) Evaluated hazardous waste
				  pharmaceutical--A prescription hazardous waste pharmaceutical that has been
				  evaluated by a reverse distributor in accordance with § 335.771(a)(3) of
				  this title (relating to Standards for the Management of Potentially Creditable
				  Hazardous Waste Pharmaceuticals and Evaluated Hazardous Waste Pharmaceuticals
				  by Reverse Distributors) and will not be sent to another reverse distributor
				  for further evaluation or verification of manufacture credit.
(2) Hazardous waste pharmaceutical--A
				  pharmaceutical that is a solid waste, as defined in §
										335.1 of
				  this title (relating to Definitions), and exhibits one or more characteristics
				  identified in 40 Code of Federal Regulations (CFR) Part 261, Subpart C, or is
				  listed in 40 CFR Part 261, Subpart D as these subparts are adopted by reference
				  under §
										335.504
				  of this title (relating to Hazardous Waste Determination). A pharmaceutical is
				  not a solid waste, as defined in §
										335.1 of
				  this title, and therefore not a hazardous waste pharmaceutical, if it is
				  legitimately used/reused (e.g., lawfully donated for its intended purpose) or
				  reclaimed. An over-the-counter pharmaceutical, dietary supplement, or
				  homeopathic drug is not a solid waste, as defined in §
										335.1 of
				  this title, and therefore not a hazardous waste pharmaceutical, if it has a
				  reasonable expectation of being legitimately used/reused (e.g., lawfully
				  redistributed for its intended purpose) or reclaimed.
(3) Healthcare facility--Any person that is
				  lawfully authorized to:
(A) provide
				  preventative, diagnostic, therapeutic, rehabilitative, maintenance or
				  palliative care, and counseling, service, assessment or procedure for the
				  physical or mental condition, or functional status, of a human or animal or
				  that affects the structure or function of the human or animal body;
				  or
(B) distribute, sell, or
				  dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary
				  supplements, homeopathic drugs, or prescription pharmaceuticals. This
				  definition includes, but is not limited to, wholesale distributors, third-party
				  logistics providers that serve as forward distributors, military medical
				  logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical
				  centers, health clinics, physicians' offices, optical and dental providers,
				  chiropractors, long-term care facilities, ambulance services, pharmacies,
				  long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals,
				  veterinary clinics, and veterinary hospitals. This definition does not include
				  pharmaceutical manufacturers, reverse distributors, or reverse logistics
				  centers.