bio-medical waste control act

8/8/2019 Bio-Medical Waste Control Act

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THIRTEENTH CON GRESS OF THE REPUB LIC)OF TH E PHILIPPINES 1First Regular Session )

introduced by Senator Juan M . Flavier

EXPLANATORY NOTE

The 1987'Constitution provides that, "The State shall protect and advancethe right of the people to a ba lanced and healthful ecology in accord with therhythm and harmony of nature, and shall protect and promote the right to healthof the people, and instill health consciousness among the." Environmentalawareness in the Philippines has increased in the past few years. However,awareness on the dangers posed by medical waste has not been given theattention it deserves.The facts on medical waste a re chilling. Abou t 40 tons o f medical waste is

generated per day in Metro Manila. 92% of the 64 government and privatehospitals surveyed by the Presidential Task Force on Waste Managementdispose of their general wastes trough the city or municipal refuse disposalsystem. O nly 9.4% of the hospitals surveyed incinerate pathological wastes andonly 7.8% incinerate infectious waste. Radioactive waste are stored and allowedto decay by most of the hospitals surveyed. Chemical watts are disposed of intosinks or water close ts or through hospital septic tanks and sewer lines.The dangers posed to our people's health and environment by theunregulated management of medical waste is a real and ever present threat.Hosp ital incinerators can emit more dioxin and other hazardous pollutants than

any other type of incinerator because of the type of waste they treat. Landfills,garbage dumps, and open pits attract scavengers, and medical wastes likesyringes carelessly dumped therein can prick anyone of those scavengers. Thiscould easily hasten the spread of the much dreaded AIDS disease, as well asother comm unicable diseases.This bill seeks to regulate medical wastes by empowering the Secretary ofHealth to establish acceptable standards for its management and disposal. Itlikewise strengthens the ability of the Department of Health in dealing with theissue of medical waste managem ent, and imposes stiff penalties for the mindlessdisposal of dangerous medical waste.In view of the foregoing, u rgent approval of this bill is earnes tly requested

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THIRTEENTH CONGRESS OF THE R EPUBLIC)OF THE PHILIPPINES )First Regular Session )

S E N A T Er+# *pS. NO. L ~ C

Introduced by Senator Juan M . Flavier

AN ACTWASTES, DECLARING CERTAIN ACTS UNLAWFUL, PRESCRIBINGPENALTIES THERETO , AND FOR OTHER PURPOSESPROVIDING FOR THE REGULATION AND DISPOSAL OF BIO-MEDICAL

Be it enacted by the Senate and House of Representatives of the Philippines inCongress Assembled:

SECTION I. hort Title. - This Act shall be known and referred to asThe "Bio-Medical Waste C ontrol Act."

SEC. 2. Declaration of Policy. - It is hereby declared the policy of theState, in accordance with the mandate of the Constitution, to protect andadvance the right of the people to a balanced and healthful ecology in accordwith the rhythm and harmony of nature, and to prom ote the right to health of thepeople To this end, the State shall provide for a comprehensive program for themanag ement, collection, and disposal of bio-medical waste.

SEC. 3. Definition of Terms. - For purposes of this Act:(a) "Medical waste" - shall refer to an y solid waste which is generated

in the diagnosis and treatment of human beings or animals, in researchpertaining thereto, or in the production or testing of biologicals. The term shallinclude, b ut shall not be limited to, each of the following types of solid waste:

i. Cultures and stocks of infectious agents and associated biologicals,including cultures from medical and pathological laboratories,


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ii.

iii.

iv.

V.

vi.

vii.

viii.

ix.

X.

cultures and stocks of infectious agents from research andindustrial laboratories, wastes from the production of biologicals,discarded live and attenuated vaccines, and culture dishes anddevices used to transfer, inoculate, and mix cultures;Pathological wastes, including tissues, organs, and body parts chatare rem oved during surgery or autopsy;Waste human blood and products of blood, including, serum,plasma, and other blood components;Sharps that ha ve been used in patient care or in m edical, research,or industrial laboratories, including hypodermic needles, syringes,Pasteur pipettes, broken glass, and scalpel blades;Contaminated animal carcassw, body parts, and bedding ofanimals that were exposed to infectious agents, during research,production of biologicals, or testing of pharmaceuticals;Wastes from surgery or autopsy that were in contact with infectiousagents, including soiled dressings, sponges, drapes, lavage tubes,drainage sets, enderpads, an d surgical gloves;Dialysis wastes that were in contact with the blood of patientsundergoing hemodialysis, including contaminated disposableequipment and supplies such at) tubing, filters, disposable sheets,towels, gloves, aprons and laboratory coats;Discarded medical equipment and parts that were in contact withinfectious agents;Laboratory wastes form medical, pathological, pharmaceutical, orother research, commercial or industrial laboratories that were incontact with infectious agents, including slides and cover slips,disposable gloves, laboratory coats, and aprons;Biological waste and d iscarded materials contaminated with blood,excretion, exudates or secretion from human beings or animals


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xi.

(b)0

who 'are isolated to protect others from comm unicable diseases;andSuch other waste materials that results from the administration ofmedical care to a patient by a health care provider and is found bythe Department to pose a threat to human health or theenvironment.

"Department" - shall refer tot he Department of Health;"Generator" - shall refer tot he hospital, clinic or othe r facility which

produ ces medical waste;(d) "Secretary" - shall refer tot he Secretary of Health and/or his dulyauthorized representatives.SEC. 4. Lead Agency. - The Department shall b responsible for the

implementation and enforcement of the provisions of this Act. To this end, theDepartment, through the Secretary, shall have the following powers andfunctions:

(a) Formulate and develop a comprehensive program for themanagement, collection ad disposal of bio-medical waste whichall local government units have to comply with. The program shallinclude the establishment of standards regulating the generationand d isposal of bio-medical waste which, in the judgement of theSecretary, is necessary to protect public health and welfare. Informulating the program, the secretary shall give emphasis toenvironmentally-sound, ecologically-safe, and cost-efficientmethods;

(b) Establish regional bio-medic21 waste treatment and disposalfacilities or if it is more prac ticable, to deve lop a network of sharedbio-medical waste treatment facilities and gradually phase outunsafe on-site disposal facilities in hospital grounds;


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Conduct a comprehensive Bio-Medical Waste Management(BMWM) study of all hospitals nationwide to properly appraiseactual needs and problems, and to determine specific areas forimprovement or technical assistance;Develop a waste audit or assessment protocol for hospitals andother health facilities;Require the implementation of Bn approved BMW M program as acondition for licensing of hospitals and other hea lth facilities. Forthis purpose, the Department's hospital performance evaluationsystem shall include an assessmen t of the BMWM program;Formulate, revise, and from time to time update, a Ma nua l on b io-medical waste management and distribute copies to allgovernment and private hospital's, clinics, laboratories, researchoffices, pharmacies, funeral parlors and other institutions;Monitor the disposal and transport of bio-me dical wastes;Exercise visitorial and enforcement powers to ensure strictcomp liance with this Act;Issue rules and regu lations to effectively implement the provisionsof this Act; andPerform such other powers and functions necessary to achievethe objectives of this Act.

SEC. 5. Role of Local Governm ent Units. - All local governmentunits shall, pursuant to national policies, the relevant provisions of the LocalGovernment Code and subject to the review of the Department, enforce theprovisions of this Act.

The local government units shall design and submit tot he Departmenttheir own BMWM plans that impose limitations and/or criteria on existing orpotential generators within their jurisdiction bounda ries.


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of the transport of bio-medical waste from the generator to the disposal facility,including a mech anism which will provide the generator w ith assurance that thewaste is actually received by said disposal facility: Provided , Tha t the bio-medicalwaste generated should be source-separated and contained in appropriatelylabeled containers to ensure protection from exposure to waste handlers and thepublic.

SEC. 9. Relationship with other Go vernment Agencies and NGOs. -in the implementation of this Act, the secretary may, as the need arises, call onany government agency for assistance in the form of personnel, facilities, andother resources. The Secretary may likewise deputize any law enforcementofficer to render assistance in the enforcement o f its directives or orders.

The secretary may also enjoin non-governmental organizations (NGOs),academic institutions, aqd other private groups to actively participate in theimplementation of this Act.

SEC.10. Injunction Prohibited. - No inferior court or en tity shall issueany temporary or permanent injunction or restraining order or otherwise assumejurisdiction over any case involving the enforcement orders issued by theSecretary in a ccordance with this Act.

SEC. 11. Prohibited Acts. - The following Acts and omissions shallbe considered unlawful:

(a > Any person who knowingly violates the requirements of orregulations issued pursuant to this Act;Any person who knowingly omits m aterial information or make sany false material statement or representation in any record,report, or other document filed, maintained, or used for pu rposesof compliance with this Act or the implementing rules andregulates issued pursuant thereto;

(b)

(c) Any person who knowingly genera tes, stores, transports,disposes of, or otherwise handles any biological waste in


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tot he penalties herein provided, be liable to pay the Government and/or theperson adversely affected actual or com pensatory damages.

SEC. 14. Appropriation. - Such amount as m ay be necessary for theeffective implementation of this Act is hereby appropriated from the funds of theNational Treasury not otherwise appropriated. Thereafter, such amount as maybe necessary for its continued operation shall be included in the annual GeneralAppropriation Act.

SEC. 15. Separability Clause. - If for any reason any provision of thisAct is declared unconstitutional or invalid, such parts or portions not affectedthereby shall remain in full force and effect.

SEC. 16. Repealing Clause. - All laws, executive orders, presidentialdecrees, and rules and regulations or parts thereof inconsistent with theprovisions of this Act are hereby repealed or modified accordingly.

SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days afterits publication in at leas t two (2) newspapers of general circulation.

Approved,

bio-medical waste control act

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