Texas Regulated Medical Waste Compliance Standards
In the state of Texas, regulatory authority over medical waste is shared between the Texas Commission on Environmental Quality (TCEQ) and the Texas Department of State Health Services (DSHS). Some aspects of medical waste management are also governed, at the federal level, by the Occupational Safety & Health Administration and Department of Transportation. Together, these entities ensure medical waste is handled safely to protect public health and the environment.
How Texas Defines “Medical Waste”
Medical waste is defined in Title 30 of the Texas Administrative Code, Subsection 326.3(23). It includes treated and untreated special waste from health care-related facilities consisting of:
- animal waste
- bulk blood, bulk human blood and body fluids
- microbiological waste
- pathological waste
- sharps
Also included in Texas’ definition of medical waste, and subject to TECQ’s transportation regulations, is regulated medical waste, as defined in Title 49, Code of Federal Regulations, Part 173, Subsection 173.134(a)(5).
Medical Waste Generators in Texas
Texas defines medical waste generators as “any person, by site or location, that produces medical waste to be shipped to any other person, or whose act or process produces a medical waste, or first causes it to become regulated.” These include:
In Texas, medical waste generators include:
- Healthcare Facilities
- Physician and Dental Offices
- Veterinary Clinics
- Laboratories
- Dialysis Centers
- Blood Banks
- Pharmacies
- Home Healthcare Providers
- Funeral Homes and Mortuaries
- Schools and Research Institutions
- Long-Term Care Facilities
- Ambulance Services
As a rule, anyone conducting medical waste management activities must obtain from TECQ a registration, claim a registration by rule, or submit a notification.
Generators are classified in two groups: Small Quantity Generators (SQGs), generating less than 50 pounds a month, and Large Quantity Generators (LQGs), generating more than 50 pounds a month. Both are allowed to store medical waste on-site, provided the waste “consists only of medical waste generated on-site that is stored securely, and does not create a nuisance”, as set forth in 30 TAC 326.31(a).
Texas allows licensed hospitals to function as medical waste transfer facilities for SQGs, provided they meet certain location requirements. Such hospitals must provide written notification in the form of a letter to TCEQ addressing all relevant requirements for such a facility as set forth in 30 TAC 326.43.
Transportation Regulations
Texas distinguishes between treated medical waste and untreated medical waste in its regulations. Treated medical waste may be managed and disposed of as routine municipal solid waste, provided that all applicable treatment, labeling, and other requirements are met. These requirements are set forth in Title 30, Texas Administrative Code, Subsections 326.39(a), 326.41(a), and 326.71(j); with detailed packaging, labeling and shipping requirements set forth in 30 TAC Chapter 326, Subchapter B, 30 TAC 326.23(e), 326.39(c), 326.41(c), and 326.75(r).
Untreated medical waste can be transported by the medical waste generator or its authorized transporter, but may only be stored, processed or deposited at facilities that have been authorized to accept untreated medical waste. Those medical waste generators producing more than 50 pounds of untreated medical waste per month must obtain a registration by rule under 30 TAC 326.53. Those seeking to transport waste that neither originates nor terminates in Texas are exempt from the medical waste rules in 30 TAC Chapter 326, except for the rules on transportation units used to collect or transport untreated medical waste that are specified in 30 TAC 326.53(b)(6).
Treatment and Storage Regulations
Medical waste generators wishing to treat waste onsite must submit a notification to the TCEQ. Medical waste generators wishing to ship their waste off-site for treatment are required to package and label it properly as specified in 30 TAC 326.17, 326.19, and 326.21 before its transportation off-site. Off-site treatment must be conducted at a facility authorized to accept untreated medical waste. Collected waste stored for more than 72 hours must be maintained at a temperature of 45 degrees Fahrenheit or lower.
Entities receiving medical waste from off-site sources must obtain a registration from TCEQ by completing and submitting the following forms:
Disposal Regulations
Treated medical waste may often be managed as routine municipal solid waste and disposed of in a municipal solid waste (MSW) landfill. However, if this shipment includes sharps or residuals of sharps originating from health care-related facilities, a written statement to the solid waste landfill must be included indicating that the shipment has been treated by a method specified in 25 TAC 1.136 and 30 TAC 326.23(e). Untreated medical waste may only be accepted for disposal at a landfill in the event of a natural or man-made disaster. Permission to do this can only be authorized by a written correspondence from the TCEQ Executive Director.
All medical waste generators in Texas are responsible for maintaining compliance with local, state, and federal regulations governing the management, storage, treatment, and disposal of medical waste. This content is provided for general informational purposes only and is intended as a high-level overview. For the most current and detailed requirements, please refer to the applicable regulatory authority in your jurisdiction.
