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2020

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Q&A on issues related to medical waste management and legal liability

During the epidemic of pneumonia infected by novel coronavirus, while doing well in epidemic prevention and control, how to collect and dispose medical waste safely, safely and efficiently to prevent secondary infection is the top priority to effectively promote epidemic prevention.


Q&A on issues related to medical waste management and legal liability

 

 

Authors: Lawyers Yang Ruihua and Sun Yabo

Unit: Guangdong Legal Shengbang Law Firm

 

During the epidemic of pneumonia infected by novel coronavirus, while doing well in epidemic prevention and control, how to collect and dispose medical waste safely, safely and efficiently to prevent secondary infection is the top priority to effectively promote epidemic prevention. In accordance with the Regulations on the Management of Medical Wastes (Order No. 588 of the State Council), the Measures for the Management of Medical Wastes in Medical and Health Institutions (Order No. 36 of the Ministry of Health), the Notice of the General Office of the National Health Commission on the Management of Medical Wastes in Medical Institutions during the Pneumonia Epidemic Caused by novel coronavirus (Guo Wei Ban Yi Han [2020] No. 81) and other relevant laws and regulations, The issues of medical waste management and legal responsibility have been summarized and organized. In order to facilitate learning and communication, questions and answers or tables have been adopted for easy reference.

1、 The management responsibilities of medical and health institutions for medical waste

1. Question: Who is the responsible party for medical waste management in medical institutions?

A: In general, the legal representative of a medical institution is the first person responsible for medical waste management. During the pneumonia epidemic caused by novel coronavirus, the specific department and operators that generate medical waste are the direct responsible persons.

(1) Article 7 of the Regulations on the Management of Medical Waste (Order No. 588 of the State Council) states: "Medical and health institutions and centralized disposal units of medical waste shall establish and improve a responsibility system for medical waste management, with their legal representatives as the first responsible person to effectively fulfill their duties and prevent the spread of infectious diseases and environmental pollution accidents caused by medical waste.

(2) Article 4 of the "Measures for the Management of Medical Waste in Medical and Health Institutions" (Order No. 36 of the Ministry of Health) states: "Medical and health institutions shall establish and improve a responsibility system for medical waste management, with their legal representative or main person in charge as the first responsible person to effectively fulfill their responsibilities and ensure the safe management of medical waste.

(3) Article 1 of the Notice of the General Office of the National Health Commission on Medical Waste Management in Medical Institutions during the Pneumonia Epidemic Caused by novel coronavirus (GBYH [2020] No. 81): "Medical institutions should attach great importance to the management of medical waste during the novel coronavirus infected pneumonia epidemic, and earnestly implement the main responsibility. Its legal representative is the first responsible person for medical waste management, and the specific departments and operators that generate medical waste are the direct responsible person. Medical institutions that implement the socialization of logistics services should strengthen the management of logistics service providers and personnel, organize training, and urge them to master medical waste The basic requirements of management are to fulfill responsibilities effectively. Intensify efforts to improve environmental hygiene, promptly dispose of medical waste generated, avoid the accumulation of various waste, and strive to create a healthy and hygienic environment.

2. Question: What are the management responsibilities of medical and health institutions for medical waste?

Answer: Medical and health institutions should formulate and implement rules and regulations, workflow and requirements for medical waste management, job responsibilities of relevant personnel, and emergency plans for the loss, leakage, diffusion, and accidents of medical waste logistics within medical and health institutions in accordance with relevant national laws, administrative regulations, departmental rules, and normative documents. The content includes:

(1) The classification and collection methods and work requirements for medical waste at various locations within medical and health institutions;

(2) The work system for the generation location and temporary storage location of medical waste in medical and health institutions, as well as the work requirements for transportation from the generation location to the temporary storage location;

(3) Regulations on the transfer and registration of medical waste within medical and health institutions and the handing over of medical waste to medical waste disposal units;

(4) Special operating procedures in the process of medical waste management and emergency response measures for medical waste loss, leakage, diffusion, and accidents;

(5) Occupational health and safety protection for personnel involved in the classification, collection, transportation, and temporary storage of medical waste.

 

3.Question: What is the reporting system and process for medical waste management in healthcare institutions?

Answer: In the process of managing medical waste, medical and health institutions should report to each level any incidents such as loss, leakage, diffusion, major accidents caused by improper management of medical waste, or the spread of infectious diseases caused by medical waste.

 

 

Occurrence situation

Report subject and process

Medical and health institutions

Health administrative department of county-level people's government

Health Administrative Department of Provincial People's Government

The loss, leakage, and diffusion of medical waste occur

Within 48 hours, a report should be submitted to the health administrative department and environmental protection administrative department of the county-level people's government in the location. After the investigation and handling work is completed, the medical and health institution should report the investigation and handling results to the health administrative department and environmental protection administrative department of the county-level people's government in the location

 

Report to the local provincial government's health administrative department level by level every month

 

Summarize and report to the Ministry of Health every six months

 

Major accidents in medical and health institutions where one or more people die or three or more people suffer health damage due to improper management of medical waste, requiring medical and on-site rescue for the sick

Report to the health administrative department and environmental protection administrative department of the county-level people's government within 24 hours, and take corresponding emergency measures in accordance with the provisions of the Medical Waste Management Regulations.

 

After receiving the report, it shall be reported to the health administrative department of the provincial people's government level by level within 12 hours.

 

After receiving the report, it should be reported to the Ministry of Health within 12 hours.

 

Accidents where medical waste causes the spread of infectious diseases or there is evidence to prove that the spread of infectious diseases is likely to occur

Reports should be made in accordance with the Infectious Disease Prevention and Control Law and relevant regulations, and corresponding measures should be taken.

 

The relevant provisions of the Infectious Disease Prevention and Control Law on the reporting system are as follows:

Article 30: When disease prevention and control institutions, medical institutions, blood collection and supply institutions, and their personnel carrying out their duties discover the epidemic situation of infectious diseases as stipulated in this Law, or discover other infectious diseases that have erupted, spread, or suddenly cause unknown infectious diseases, they shall follow the principles of local management of epidemic reporting, and report in accordance with the content, procedures, methods, and time limits stipulated by the State Council or the health administrative department of the State Council.

When military medical institutions provide medical services to the public and discover the epidemic of infectious diseases specified in the preceding paragraph, they shall report in accordance with the regulations of the health administrative department of the State Council.

 

Article 31: When any unit or individual discovers infectious disease patients or suspected infectious disease patients, they shall promptly report to nearby disease prevention and control institutions or medical institutions.

 

Article 32: When disease prevention and control institutions at ports, airports, railways, and border health and quarantine organs discover patients with Class A infectious diseases, pathogen carriers, or suspected infectious disease patients, they shall immediately report to the disease prevention and control institutions at the location of the border port or the health administrative departments of the local people's governments at or above the county level in accordance with relevant national regulations and notify each other.

 

Article 33: Disease prevention and control institutions shall actively collect, analyze, investigate, and verify information on the epidemic situation of infectious diseases. When receiving reports of Class A or Class B infectious diseases or discovering outbreaks or epidemics of infectious diseases, the local health administrative department shall immediately report to the local people's government, and at the same time report to the higher-level health administrative department and the State Council health administrative department.

Disease prevention and control institutions shall establish or designate specialized departments and personnel responsible for the management of infectious disease epidemic information, and promptly verify and analyze epidemic reports.

 

Article 34: The health administrative departments of local people's governments at or above the county level shall promptly report the epidemic situation of infectious diseases, as well as relevant information on monitoring and early warning to disease prevention and control institutions and medical institutions within their respective administrative regions. Disease prevention and control institutions and medical institutions that receive notifications shall promptly inform relevant personnel of their respective units.

 

Article 35: The health administrative department of the State Council shall promptly notify other relevant departments of the State Council and the health administrative departments of the people's governments of various provinces, autonomous regions, and municipalities directly under the Central Government of the relevant information on the national infectious disease epidemic, monitoring, and early warning.

The health administrative departments of adjacent and relevant local people's governments shall promptly notify each other of the epidemic situation of infectious diseases in their respective administrative regions, as well as relevant information on monitoring and early warning.

When relevant departments of the people's government at or above the county level discover an epidemic of infectious diseases, they shall promptly report to the health administrative department of the same level people's government.

When the competent health department of the Chinese People's Liberation Army discovers an epidemic of infectious diseases, it shall notify the health administrative department of the State Council.

 

 

2、Qualification of medical waste centralized disposal units and requirements for disposal of medical waste

1.Q: What conditions should medical waste centralized disposal units meet?

Answer:

(1) Having medical waste storage and disposal facilities or equipment that meet environmental protection and hygiene requirements;

(2) Having trained technical personnel and corresponding technical workers;

(3) Having institutions and personnel responsible for testing and evaluating the effectiveness of medical waste disposal;

(4) There are rules and regulations to ensure the safe disposal of medical waste.

Meanwhile, units engaged in centralized disposal of medical waste should apply to the environmental protection administrative department of the people's government at or above the county level for a business license; Units that have not obtained a business license shall not engage in activities related to centralized disposal of medical waste.

 

2. Question: What general requirements should medical waste centralized disposal units meet when transporting medical waste?

Answer:

(1) Vehicle requirements

Medical waste centralized disposal units transporting medical waste shall comply with the relevant national regulations on the transportation and management of hazardous goods, and use specialized vehicles with obvious medical waste labels. Medical waste dedicated vehicles should meet the requirements of leakage prevention, spill prevention, and other environmental protection and hygiene. After the use of specialized vehicles for transporting medical waste, they should be disinfected and cleaned in a timely manner in the centralized disposal site of medical waste. Specialized vehicles for transporting medical waste shall not transport other items.

(2) Shipping requirements

Medical waste centralized disposal units shall ensure safety during the transportation of medical waste and shall not discard or scatter medical waste.

(3) Monitoring requirements

Medical waste centralized disposal units should install online monitoring devices for pollutant emissions and ensure that the monitoring devices are often in normal operation.

 

3、 Supervision and management entities and responsibilities for centralized disposal of medical waste

1. Question: What are the regulatory authorities responsible for the centralized disposal of medical waste?

Answer: According to Article 34 of the Regulations on the Management of Medical Waste (Order No. 588 of the State Council): "The health administrative departments and environmental protection administrative departments of local people's governments at or above the county level shall, in accordance with the provisions of this Regulation and the division of responsibilities, supervise and inspect medical and health institutions and centralized disposal units of medical waste The administrative department in charge of environmental protection is the regulatory body for the centralized disposal of medical waste.

 

2. Question: What are the responsibilities of regulatory entities?

Answer: The health administrative departments of local people's governments at or above the county level shall conduct regular supervision and inspection or irregular spot checks on the disease prevention and control work of medical waste collection, transportation, storage, and disposal units engaged in medical waste collection, transportation, storage, and disposal, as well as the health protection of staff;

(1) The environmental protection administrative department of the local people's government at or above the county level shall conduct regular supervision and inspection or irregular spot checks on the prevention and control of environmental pollution in the collection, transportation, storage, and disposal of medical waste by medical and health institutions and medical waste centralized disposal units;

(2) The health administrative department and the environmental protection administrative department shall regularly exchange the results of supervision, inspection and spot checks. When hidden dangers are found in medical and health institutions and centralized disposal units of medical waste during supervision and inspection or spot checks, they shall be ordered to immediately eliminate the hidden dangers;

(3) After receiving reports, complaints, exposures, and accusations of violations of these regulations by medical and health institutions, centralized disposal units of medical waste, supervision and management departments, and their staff, the health administrative department and environmental protection administrative department shall promptly verify and handle them in accordance with the law, and publish the results of the handling.

 

3. Question: What measures are regulatory authorities authorized to take?

Answer: It is divided into general measures and temporary measures.

3.1 General measures

Article 39 of the Regulations on the Management of Medical Waste (State Council Order No. 588) states: "When the health administrative department and the environmental protection administrative department perform their supervisory and inspection responsibilities, they have the right to take the following measures:

(1) Conduct on-site inspections of relevant units, understand the situation, conduct on-site monitoring, investigate and collect evidence;

(2) Review or copy relevant information on medical waste management, and collect samples;

(3) Order units and individuals who violate the provisions of these regulations to cease their illegal activities;

(4) Seize or temporarily detain premises, equipment, transportation vehicles, and items suspected of violating the provisions of this Regulation;

(5) Conduct investigations and punishments for violations of the provisions of these regulations.

 

3.2 Temporary Measures

Article 40 of the Regulations on the Management of Medical Waste (State Council Order No. 588) When an infectious disease transmission or environmental pollution accident occurs due to improper management of medical waste, or there is evidence to prove that an infectious disease transmission or environmental pollution accident is likely to occur, the health administrative department and the environmental protection administrative department shall take temporary control measures, evacuate personnel, control the scene, and order the suspension of operations that cause or may cause the transmission of infectious diseases or environmental pollution accidents as necessary.

4、 Management Regulations on Emergency Disposal of Medical Wastes from Pneumonia Infected by novel coronavirus

Q: What are the main regulations on the management of emergency disposal of medical waste in the case of pneumonia caused by novel coronavirus?

Answer:

1. Classification and diversion management

During the emergency response period, it is recommended to classify and separate the infectious medical waste generated during the prevention and control of the pneumonia epidemic from other medical waste. Medical waste centralized disposal facilities and mobile medical waste disposal facilities should be prioritized for the disposal of infectious medical waste generated during the prevention and control of the pneumonia epidemic. Other medical waste can be diverted to other emergency disposal facilities for disposal.

2.Strengthen the classification and collection of medical waste

 

Clarify the scope of classification and collection

Waste generated by medical institutions in clinics and wards (wards) for diagnosis and treatment of novel coronavirus infected pneumonia patients and suspected patients with fever, including medical waste and domestic garbage, shall be collected by classification according to medical waste.

Standardize packaging containers

The outer surface of specialized packaging bags and tool boxes for medical waste should have warning signs. Before containing medical waste, careful inspection should be carried out to ensure that it is not damaged or leaking. The medical waste collection bucket should be foot operated and equipped with a cover. When medical waste reaches 3/4 of the packaging bag or tool box, it should be effectively sealed to ensure a tight seal. Double layer packaging bags should be used to contain medical waste, with goose neck tie sealing and layered sealing

Do a good job of safety collection

Classify and collect medical waste according to its category in a timely manner to ensure personnel safety and control infection risks. When the outer surface of packaging bags and tool boxes containing medical waste is contaminated by infectious waste, an additional layer of packaging bag should be added. When sorting and collecting disposable isolation clothing, protective clothing, and other items after use, squeezing is strictly prohibited. Each packaging bag and tool box should be labeled or pasted with a Chinese label, which includes: medical waste generating unit, generating department, generation date, and category,And indicate in the special instructions“Pneumonia infected by novel coronavirus”Or abbreviated as“novel coronavirus”

Partition domain processing

The medical waste generated in the potentially polluted areas and contaminated areas of the outpatient clinic and ward (room) of the novel coronavirus infected pneumonia patients and suspected patients with fever should be sprayed with 1000mg/L chlorine containing disinfectant on the surface of the packaging bag before leaving the contaminated area (pay attention to the uniform spraying) or a layer of medical waste packaging bag should be added outside it; The medical waste generated in the clean area is disposed of according to conventional medical waste.

Properly handle pathogenic specimens

High risk waste such as specimens and related storage solutions containing pathogens in medical waste should be subjected to pressure steam sterilization or chemical disinfection treatment at the production site, and then collected and treated as infectious waste.

 

3. Strengthen the transportation and storage of medical waste

 

(1)

Safe transportation management

Before transporting medical waste

The identification, labeling, and sealing of packaging bags or tool boxes should be checked for compliance with requirements

When transporting medical waste

It is necessary to prevent damage to specialized packaging bags and tool boxes for medical waste, prevent direct contact with the body, and avoid leakage and diffusion of medical waste

After delivery

Clean and disinfect the transportation tools daily, with a chlorine containing disinfectant concentration of 1000mg/L; When the transportation tool is contaminated with infectious medical waste, it should be disinfected and treated in a timely manner

(2)

 

Standardize storage handover

The temporary storage area for medical waste should have strict sealing measures and be managed by staff to prevent non staff from coming into contact with medical waste. Medical waste should be stored in a separate area in the temporary storage area and handed over to the medical waste disposal unit for disposal as soon as possible. Disinfect the ground of the temporary storage area for medical waste with 1000mg/L chlorine containing disinfectant twice a day. The medical waste generation department, transportation personnel, temporary storage staff and transfer personnel of the medical waste disposal unit should register and hand over layer by layer, and explain that they come from pneumonia patients or suspected patients infected with novel coronavirus

(3)

Complete transfer registration

Strictly implement the management of hazardous waste transfer documents and register medical waste. The registration content includes the source, type, weight or quantity, handover time, final destination, and signature of the handler of medical waste, with special indication“Pneumonia infected by novel coronavirus”perhaps“novel coronavirus”Keep the registration information for 3 years.

 

4. What are the special regulations of Guangdong Province on the management of medical waste disposal in the case of pneumonia caused by novel coronavirus?

 

Collection and staging aspects

 

The storage area should be disinfected according to the methods and frequency required by the health department. The temporary storage time of medical waste should not exceed 24 hours, and the flushing liquid of the storage area should be discharged into the medical wastewater disinfection and treatment system of the medical and health institution for treatment

In terms of medical waste transportation

 

Use specialized medical waste transportation vehicles (including vehicles that have been temporarily modified according to the requirements of medical waste transportation vehicles) for transportation, and during the transportation process, electronic transfer vouchers or paper vouchers can be operated according to the local actual situation, and a ledger can be established

Collection and disposal aspects

Medical waste disposal units should prioritize the collection and disposal of infectious medical waste generated during the prevention and control of the pneumonia epidemic, and strive to be readily available. The temporary storage time of medical waste in the disposal unit should not exceed 12 hours. In addition, when carrying out emergency disposal activities for non medical waste professional disposal facilities such as mobile medical waste disposal facilities, hazardous waste incineration facilities, household waste incineration facilities, industrial furnaces, etc., it is necessary to do a good job in hygiene and epidemic prevention

Personnel health protection

 

During the entire process of collecting, storing, transporting, and disposing of medical waste, it is necessary to strengthen personnel hygiene protection. Personnel handling waste in close proximity should also wear goggles and disinfect immediately after each transportation or disposal operation

Areas that do not have the conditions for centralized disposal of medical waste

Medical and health institutions can incinerate and dispose of medical waste on site in accordance with the requirements for infectious disease prevention and control

Municipal Ecological Environment Bureaus at or above the local level

Carry out environmental monitoring of emergency disposal facilities for medical waste caused by the pneumonia epidemic and wastewater treatment facilities in medical institutions, and carry out environmental monitoring work for medical waste disposal and medical wastewater treatment in epidemic areas

 

5、 Legal Liability

1. Question: What are the relevant regulations on the legal responsibilities of regulatory authorities?

Answer:

 

Responsible subject

Violation of laws and regulations

legal consequence

Health administrative departments, environmental protection administrative departments, or other relevant departments of people's governments at or above the county level

(1)Failure to fulfill supervision and inspection responsibilities in accordance with the Regulations on the Management of Medical Waste (State Council Order No. 588)

(II)Discovering illegal behaviors of medical and health institutions and centralized disposal units of medical waste and failing to handle them in a timely manner

(III)Failure to take timely measures to reduce hazards when infectious disease transmission or environmental pollution accidents occur or may occur

(IV)Other dereliction of duty, dereliction of duty, or dereliction of duty

The people's government at the same level or the relevant departments of the higher-level people's government shall order correction and circulate a notice of criticism

If an infectious disease transmission or environmental pollution accident is caused, the main responsible person, responsible supervisors, and other directly responsible personnel shall be subject to administrative sanctions such as demotion, dismissal, or dismissal in accordance with the law

If a crime is constituted, criminal responsibility shall be pursued in accordance with the law

Environmental protection administrative department of the people's government at or above the county level

Issuing a business license for medical waste centralized disposal units in violation of the Regulations on the Management of Medical Waste (State Council Order No. 588)

The environmental protection administrative department of the people's government at the same level or higher level shall circulate a notice of criticism and order the revocation of illegally issued certificates;

And may impose administrative sanctions on the main responsible person, responsible supervisors, and other directly responsible personnel in accordance with the law

 

2. Q: What legal responsibilities should medical and health institutions and medical waste centralized disposal units bear?

Answer:

 

Responsible subject

Violation of laws and regulations

Consequences of Liability

Medical and health institutions, medical waste centralized disposal units

(1) Failure to establish and improve a medical waste management system, or failure to establish monitoring departments or full-time (part-time) personnel;

(2) Failure to provide training on relevant laws, professional skills, safety protection, and emergency handling knowledge to relevant personnel;

(3) Failure to take occupational health protection measures against personnel and management personnel engaged in the collection, transportation, storage, and disposal of medical waste;

(4) Failure to register or preserve registration materials for medical waste;

(5) Failure to disinfect and clean the used medical waste transportation tools or vehicles in a designated location in a timely manner;

(6) Failure to collect and transport medical waste in a timely manner;

(7) Failure to regularly test and evaluate the environmental pollution prevention and hygiene effects of medical waste disposal facilities, or failure to archive and report the test and evaluation results.

The health administrative department or environmental protection administrative department of the local people's government at or above the county level shall, in accordance with their respective responsibilities, order correction within a specified time limit and issue a warning; Those who fail to make corrections within the time limit shall be fined not less than 2000 yuan but not more than 5000 yuan

Medical and health institutions, medical waste centralized disposal units

(1) Storage facilities or equipment that do not meet environmental protection and hygiene requirements;

(2) Failure to classify medical waste into specialized packaging materials or containers according to category;

(3) Not using specialized vehicles that meet the standards to transport medical waste or using vehicles that transport medical waste to transport other items;

(4) Failure to install online monitoring devices for pollutant emissions or monitoring devices that are not frequently in normal operation.

 

The health administrative department or environmental protection administrative department of the local people's government at or above the county level shall, in accordance with their respective responsibilities, order correction within a specified time limit, issue a warning, and may also impose a fine of not more than 5000 yuan; Those who fail to make corrections within the time limit shall be fined not less than 5000 yuan but not more than 30000 yuan

Medical and health institutions, medical waste centralized disposal units

(1) Discarding medical waste during transportation, dumping or stacking medical waste in non storage locations, or mixing medical waste with other waste and household waste;

(2) Failure to implement the management system for hazardous waste transfer documents;

(3) Handing over medical waste to units or individuals without a business license for collection, transportation, storage, or disposal;

(4) The disposal of medical waste does not comply with national environmental protection, hygiene standards, and norms;

(5) Failure to strictly disinfect sewage, the excrement of patients with infectious diseases or suspected infectious disease patients in accordance with the provisions of these regulations, or failure to meet the national discharge standards before being discharged into the sewage treatment system;

(6) Failure to manage and dispose of household waste generated by infectious disease patients or suspected infectious disease patients as medical waste

 

The health administrative department or environmental protection administrative department of the local people's government at or above the county level shall, in accordance with their respective responsibilities, order correction within a specified time limit, issue a warning, and impose a fine of not less than 5000 yuan but not more than 10000 yuan; Those who fail to make corrections within the prescribed time limit shall be fined not less than 10000 yuan but not more than 30000 yuan; If an infectious disease transmission or environmental pollution accident is caused, the original issuing department shall temporarily withhold or revoke the practicing or operating license; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law

Medical and health institutions, medical waste centralized disposal units

Failure to take emergency measures when medical waste is lost, leaked, or spread, or failure to report to the health and environmental protection administrative authorities in a timely manner

The health administrative department or environmental protection administrative department of the local people's government at or above the county level shall, in accordance with their respective responsibilities, order correction, issue a warning, and impose a fine of not less than 10000 yuan but not more than 30000 yuan; If an infectious disease transmission or environmental pollution accident is caused, the original issuing department shall temporarily withhold or revoke the practicing or operating license; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law

Medical and health institutions, medical waste centralized disposal units

Without justifiable reasons, obstructing law enforcement personnel of the health administrative department or environmental protection administrative department from performing their duties, refusing law enforcement personnel to enter the scene, or failing to cooperate with the inspection, monitoring, investigation and evidence collection of the law enforcement department

The health administrative department or environmental protection administrative department of the local people's government at or above the county level shall, in accordance with their respective responsibilities, order correction and issue a warning; If the applicant refuses to make corrections, the original issuing department shall temporarily withhold or revoke the practicing license or business license; Those who violate the Law of the People's Republic of China on Penalties for Public Security Management and constitute violations of public security management shall be punished by the public security organs in accordance with the law; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law

Medical and health institutions, medical waste centralized disposal units

Causing the spread of infectious diseases or environmental pollution accidents, causing damage to others

 

Bear civil compensation liability in accordance with the law

Medical and health institutions

Discharge sewage, infectious disease patients, or suspected infectious disease patients' excrement that does not meet national standards into urban drainage networks

The construction administrative department of the local people's government at or above the county level shall order correction within a specified time limit, issue a warning, and impose a fine of not less than 5000 yuan but not more than 10000 yuan; Those who fail to make corrections within the prescribed time limit shall be fined not less than 10000 yuan but not more than 30000 yuan; If an infectious disease transmission or environmental pollution accident is caused, the original issuing department shall temporarily withhold or revoke the practicing license; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Medical and health institutions

Rural areas that do not have the conditions for centralized disposal of medical waste, and medical and health institutions that fail to dispose of medical waste in accordance with the requirements of this regulation

The health administrative department or environmental protection administrative department of the county-level people's government shall, in accordance with their respective responsibilities, order correction within a specified time limit and issue a warning; Those who fail to make corrections within the prescribed time limit shall be fined not less than 1000 yuan but not more than 5000 yuan; If an infectious disease transmission or environmental pollution accident is caused, the original issuing department shall temporarily withhold or revoke the practicing license; If a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

 

Any unit or individual

Engaging in the collection, transportation, storage, and disposal of medical waste without obtaining a business license

The environmental protection administrative department of the local people's government at or above the county level shall order the immediate cessation of illegal activities, confiscate the illegal gains, and may also impose a fine of not more than one time the illegal gains

Any unit or individual

Transfer, purchase or sell medical waste, mail or transport medical waste by railway or air, or transport medical waste by water in violation of the Regulations on the Management of Medical Waste (State Council Order No. 588); If the carrier knowingly transports medical waste in violation of the provisions of the "Regulations on the Management of Medical Waste" (State Council Order No. 588), or if the carrier carries medical waste on the same vehicle as the passenger

The environmental protection administrative department of the local people's government at or above the county level shall order the transfer, buyer and seller, sender, and shipper to immediately cease their illegal activities, issue a warning, and confiscate their illegal gains; If the illegal gains exceed 5000 yuan, a fine of 2 to 5 times the illegal gains shall also be imposed; If there are no illegal gains or if the illegal gains are less than 5000 yuan, a fine of not less than 5000 yuan but not more than 20000 yuan shall be imposed

 

Relevant laws and regulations:

1. Law of the People's Republic of China on the Prevention and Control of Infectious Diseases

2. Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste

3. Regulations on the Management of Medical Waste (State Council Order No. 588)

4. Measures for the Management of Medical Waste in Medical and Health Institutions (Order No. 36 of the Ministry of Health)

5. Notice of the General Office of the National Health Commission on Medical Waste Management in Medical Institutions during the Pneumonia Epidemic Caused by novel coronavirus (GBYH [2020] No. 81)

6. Management and Technical Guidelines for Emergency Disposal of Medical Wastes in Pneumonia Infected by novel coronavirus (Trial) (Ministry of Ecological Environment)

7. Environmental Management Plan for Emergency Disposal of Medical Wastes in Guangdong Province in Response to Pneumonia Caused by novel coronavirus (Trial) (Department of Ecological Environment of Guangdong Province)