Ariz. Admin. Code § 18-13-1403

Current through Register Vol. 30, No. 50, December 13, 2024

Section R18-13-1403 - Exemptions; Partial Exemptions

A. The following persons are exempt from the requirements of this Article:

1. Law enforcement personnel handling biohazardous medical waste for law enforcement purposes.

2. A person in possession of medical waste that is regulated by a state or federal agency due to its radioactive nature.

3. A person who returns unused medical sharps to the manufacturer.

4. A household generator residing in a private, public, or semi-public residence who generates biohazardous medical waste in the administration of self care or the agent of the household generator who administers the medical care. This exemption does not apply to the facility in which the person resides if that facility is licensed by the Arizona Department of Health Services.

5. A generator that separates medical devices from the medical waste stream that are sent out for re-processing and returned to the generator.

6. A person in possession of human bodies regulated by A.R.S. Title 36.

B. The following are conditionally exempt from the requirements of this Article:

1. A person who prepares human corpses, remains, and anatomical parts that are intended for interment or cremation. However, medical sharps must be disposed of as prescribed by this Article.

2. A person who operates an emergency rescue vehicle, an ambulance, or a blood service collection vehicle in the course of providing medical services if the biohazardous medical waste is returned to the home facility for disposal. This facility is considered to be the point of generation for packaging, treatment, and disposal.

3. A person who discharges liquid and semi-liquid biohazardous medical wastes, excluding cultures and stocks, to the sanitary sewer system if the operator of the wastewater sewer system and treatment facility allows, permits, authorizes, or otherwise approves of the discharges.

4. Hazardous waste regulated by A.R.S. Title 49, Chapter 5.

5. A health care worker who uses a multi-purpose vehicle in the conduct of routine health care business other than transporting waste is exempt from the requirements of R18-13-1409 if the health care worker complies with all of the following:

a. Packages the biohazardous medical waste according to R18-13-1407.

b. Secures the packaged biohazardous medical waste within the vehicle so as to minimize spills.

c. Transports the biohazardous medical waste to the place of business or to a medical waste treatment or disposal facility.

d. Cleans the vehicle when it shows visible signs of contamination.

e. Secures the vehicle to prevent unauthorized contact with the biohazardous medical waste.

6. A person who transports biohazardous medical waste between multiple properties separated by a public thoroughfare and which is owned or operated by the same owner or governmental entity is exempt from the requirements of R18-13-1409 if the person complies with R18-13-1403(B)(5)(a) through (e).

7. A hospital that chooses to accept medical sharps from staff physicians who generate medical sharps in a private practice is exempt from the requirement to obtain facility plan approval as long as the hospital collects medical sharps for off-site treatment or disposal.

C. The following are exempt from some of the requirements of this Article:

1. A generator who treats biohazardous medical waste on site and who accepts for treatment medical waste described in R18-13-1403(A)(4) is exempt from the requirement to obtain solid waste facility plan approval prescribed in R18-13-1410.

2. A generator who self-hauls biohazardous medical waste to a Department-approved medical waste treatment, storage, transfer, or disposal facility is exempt from the requirements of R18-13-1409 if the generator complies with R18-13-1403(B)(5)(a) through (e).

Ariz. Admin. Code § R18-13-1403

New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.