Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 20 - VIRGINIA WASTE MANAGEMENT BOARD › Chapter 121 - REGULATED MEDICAL WASTE MANAGEMENT REGULATIONS › Part II - General Information › Section 9VAC20-121-90 - Identification of regulated medical waste

Current through Register Vol. 40, No. 24, July 15, 2024
A. A solid
				  waste is a regulated medical waste subject to this chapter if it meets the
				  criteria under subsection B of this section, unless specifically excluded or
				  exempted by subsection C or D of this section. Claims that materials are not
				  regulated medical wastes or are conditionally exempt from regulation shall
				  demonstrate that the material meets the terms of an exemption. In doing so,
				  appropriate documentation shall be provided to demonstrate that the material is
				  not a regulated medical waste or is exempt from regulation.
B. A solid waste is a regulated medical waste
				  if it meets either of the two criteria of this subsection:
1. The solid waste is suspected by the health
				  care professional in charge of being capable of producing an infectious disease
				  in humans. A solid waste shall be considered to be capable of producing an
				  infectious disease if it has been or is likely to have been contaminated by an
				  organism likely to be pathogenic to healthy humans, such organism is not
				  routinely and freely available in the community, and if such organism has a
				  significant probability of being present in sufficient quantities and with
				  sufficient virulence to transmit disease. If the exact cause of a patient's
				  illness is unknown, but the health care professional in charge suspects a
				  contagious disease is the cause, the likelihood of pathogen transmission shall
				  be assessed based on the pathogen suspected of being the cause of the
				  illness.
2. The solid waste or
				  solid waste stream is identified in the following list:
a. Discarded cultures, stocks, specimens,
				  vaccines, and associated items likely to have been contaminated by them are
				  regulated medical wastes if they are likely to contain organisms likely to be
				  pathogenic to healthy humans. Wastes from the production of biologicals and
				  antibiotics likely to have been contaminated by organisms likely to be
				  pathogenic to healthy humans are regulated medical wastes;
b. Wastes consisting of human blood or body
				  fluids, containers of human blood or body fluids, and items contaminated with
				  human blood or body fluids are regulated medical waste. Human blood and body
				  fluids solidified by absorbent gel, powder, or similar means are also regulated
				  medical waste.
c. Human
				  pathological and anatomical waste, including tissues, organs, body parts, and
				  other pathological or anatomical wastes;
d. Sharps likely to be contaminated with a
				  pathogen or that may become contaminated with a pathogen through handling or
				  during transportation and also capable of cutting or penetrating skin or a
				  packaging material. This also includes sharps generated through veterinary
				  practice, acupuncture needles, and household sharps collected in a sharps drop
				  box;
e. When animals are
				  intentionally infected with organisms likely to be pathogenic to healthy humans
				  for the purposes of research, in vivo testing, production of biological
				  materials, or any other reason, the animal carcasses, body parts, bedding
				  material, and all other wastes likely to have been contaminated are regulated
				  medical wastes when discarded, disposed of, or placed in storage;
f. Wastes that are contaminated with a
				  Category A infectious substance are regulated medical waste that shall be
				  managed in accordance with
				  9VAC20-121-160;
g. Any residue or contaminated soil, water,
				  or other debris resulting from the cleanup of a spill of any regulated medical
				  waste; and
h. Any solid waste
				  contaminated by or mixed with regulated medical waste, including solid wastes
				  that are packaged as regulated medical wastes.