N.Y. Public Health Law § 1389-aa: Definitions

§ 1389-aa. Definitions. 1. "Regulated medical waste" shall mean any

of the following waste which is generated in the diagnosis, treatment or

immunization of human beings or animals, in research pertaining thereto,

or in production and testing of biologicals, provided, however, that

"regulated medical waste" shall not include any hazardous waste

identified or listed pursuant to section 27-0903 of the environmental

conservation law, or any household waste as defined in regulations

promulgated under such section.

(a) Cultures and stocks. This waste shall include cultures and stocks

of agents infectious to humans, and associated biologicals, cultures

from medical or pathological laboratories, cultures and stocks of

infectious agents from research and industrial laboratories, wastes from

the production of biologicals, discarded live or attenuated vaccines, or

culture dishes and devices used to transfer, inoculate or mix cultures.

(b) Human pathological wastes. This waste shall include tissue,

organs, and body parts (except teeth and the contiguous structures of

bone and gum), body fluids that are removed during surgery, autopsy, or

other medical procedures, or specimens of body fluids and their

containers, and discarded material saturated with such body fluids other

than urine, provided that the commissioner, by duly promulgated

regulation, may exclude such discarded material saturated with body

fluids from this definition if the commissioner finds that it does not

pose a significant risk to public health. This waste shall not include

urine or fecal materials submitted for other than diagnosis of

infectious diseases.

(c) Human blood and blood products. This waste shall include: (i)

discarded waste human blood, discarded blood components (e.g. serum and

plasma) containers with free flowing blood or blood components or

discarded saturated material containing free flowing blood or blood

components; and (ii) materials saturated with blood or blood products

provided that the commissioner, by duly promulgated regulation, may

exclude such material saturated with blood or blood products from this

definition if the commissioner finds that it does not pose a significant

risk to public health.

(d) Sharps. This waste shall include but not be limited to discarded

unused sharps and sharps used in animal or human patient care, medical

research, or clinical or pharmaceutical laboratories, hypodermic,

intravenous, or other medical needles, hypodermic or intravenous

syringes to which a needle or other sharp is still attached, Pasteur

pipettes, scalpel blades, or blood vials. This waste shall include, but

not be limited to, other types of broken or unbroken glass (including

slides and cover slips) in contact with infectious agents. This waste

shall not include those parts of syringes from which sharps are

specifically designed to be easily removed and from which sharps have

actually been removed, and which are intended for recycling or other

disposal, so long as such syringes have not come in contact with

infectious agents.

(e) Animal waste. This waste shall mean discarded materials, including

carcasses, body parts, body fluids, blood, or bedding originating from

animals known to be contaminated with infectious agents or from animals

inoculated during research, production of biologicals, or pharmaceutical

testing with infectious agents.

(f) Any other waste material containing infectious agents designated

by the commissioner as regulated medical waste.

2. "Storage" shall mean the containment of regulated medical waste in

such a manner as not to constitute disposal of such waste.

3. "Transport" shall mean the movement of regulated medical waste from

the point of generation to any intermediate points and finally to the

point of ultimate disposal.

4. "Treatment" shall mean any method, technique or process designed to

change the character or composition of any regulated medical waste so as

to either neutralize such waste or to render such waste not infectious

as approved by the commissioner pursuant to section thirteen hundred

eighty-nine-dd of this title.

5. "Infectious agents" shall mean any organisms that cause disease or

an adverse health impact to humans, except that the commissioner may

prescribe by regulation additional infectious agents as may be necessary

to protect human health and the environment.