West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-56 - Infectious Medical Waste › Section 64-56-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Animal
				Carcasses, Body Parts, Bedding and Related Wastes. -- Any animal carcasses,
				body parts, and bedding of animals that are known to have been exposed to
				infectious agents during research, production of biologicals, testing of
				pharmaceuticals, or for any other reason.
3.2. Blood and Blood Products. -- Liquid
				waste human blood and blood products in a free-flowing or unabsorbed
				state.
3.3. Commercial Infectious
				Medical Waste Management Facility. -- Any infectious medical waste management
				facility at which thirty-five per cent (35%) or more by weight of the total
				infectious medical waste stored, treated, or disposed of by said facility in
				any calendar year is generated off-site.
3.4. Cultures and Stocks of Microorganisms
				and Biologicals. -- Discarded cultures, stocks, specimens, vaccines and
				associated items likely to have been contaminated by an infectious agent,
				discarded etiologic agents, and wastes from the production of biologicals and
				antibiotics likely to have been contaminated by an infectious agent.
3.5. Disposal. -- The discharge, deposit,
				injection, dumping, spilling, leaking or placing of any infectious medical
				waste into or on any land or water so that such infectious medical waste, or
				any constituent thereof, maybe emitted into the air, discharged into any
				waters, including groundwater, or otherwise enter into the environment. (See
				Section 5.7 of this rule.)
3.6.
				Generator. -- Any person whose act or process produces infectious medical
				waste.
3.7. Hazardous Waste.--
				Waste as defined in W.Va. Code §
									22-18-3(6)
				and Hazardous Waste Management System Rule (33 CSR 20).
3.8. Hospital. -- An institution which is
				primarily engaged in providing to patients in the institution, by or under the
				supervision of physicians, diagnostic and therapeutic services for medical
				diagnosis, treatment and care of injured, disabled or sick persons or services
				for the rehabilitation of injured, disabled or sick persons. This term also
				includes psychiatric and tuberculosis hospitals.
3.9. Infectious Agent. -- Any organism such
				as a virus or bacteria that is in such quantity that it is capable of being
				communicated by invasion of and multiplication in body tissues and capable of
				causing disease or adverse health impact in humans.
3.10. Infectious Medical Waste. --
3.10.a. Infectious medical waste is medical
				waste which is capable of producing an infectious disease. Medical waste shall
				be considered 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, if such organism is not routinely and freely available in the
				community, and such organism has a significant probability of being present in
				sufficient quantities and with sufficient virulence to transmit
				disease.
3.10.b. For the purposes
				of this rule, infectious medical waste includes the following materials:
3.10.b.1. Cultures and stock of
				microorganisms and biologicals;
3.10.b.2. Blood and blood products;
3.10.b.3. Pathological wastes;
3.10.b.4. Sharps;
3.10.b.5. Animal carcasses, body parts,
				bedding and related wastes;
3.10.b.6. Isolation wastes;
3.10.b.7. Any residue or contaminated soil,
				water, or other debris resulting from the cleanup of a spill of any infectious
				medical waste; and
3.10.b.8. Waste
				contaminated by or mixed with infectious medical waste.
3.10.c. For the purposes of this rule,
				infectious medical waste does not include the following materials:
3.10.c.1. Human remains and body parts being
				used or examined for medical purposes which are under the control of a licensed
				physician or dentist and are not abandoned materials;
3.10.c.2. Human remains lawfully interred in
				a cemetery or in preparation by a licensed mortician for interment or
				cremation;
3.10.c.3. Used personal
				hygiene products, such as diapers, facial tissues and sanitary
				napkins;
3.10.c.4. Gauze and
				dressing material, containing small amounts of blood or other body secretions
				with no free flowing or unabsorbed liquid;
3.10.c.5. Hair, nails, and extracted
				teeth;
3.10.c.6. Waste generated by
				veterinary hospitals, except for waste meeting the criteria found in Sections
				3.10.b.1, 3.10.b.4, or 3.10.b.5 of this rule; and
3.10.c.7. Medical tubing and devices with a
				signed and dated certification by the facility which states: "I hereby certify
				under penalty of law that this waste has not been contaminated with infectious
				medical waste, as defined in Infectious Medical Waste, 64 CSR
				56."
3.10.d. Infectious
				medical waste contaminated with radioactive waste is considered to be
				radioactive waste and is subject to State and federal law and regulation as
				radioactive waste.
3.10.e.
				Infectious medical waste:
3.10.e.1. Which
				demonstrates the characteristics of ignitability, corrosivity, reactivity, or
				toxicity as defined in 40 C.F.R. Part 261, Subpart C, or which is contaminated
				with RCRA hazardous waste listed in 40 CFR Part 261, Subpart D is considered to
				be hazardous waste and is subject to regulation under State and federal
				hazardous waste.
W. Va. Code
§ 22-18-1,
et seq.,
				W.Va.
Code R.
§§
											33-20-1,
et seq.,
and 45-25-1,
et seq.,
and 40
C.F.R.
Parts 260 - 279.
3.10.e.2. Which is contaminated with a
				hazardous waste listed in 40 C.F.R. Part 261, Subpart D that is listed solely
				because it exhibits one or more characteristics of ignitability, corrosivity,
				or reactivity as defined under 40 C.F.R. Part 261 Subpart C, is not a hazardous
				waste if the waste no longer exhibits any characteristic of hazardous waste
				identified in that subpart.