Bill Summary – FastDemocracy

Legislative Analysis
DISPOSAL OF SHARPS (MEDICALLY USED NEEDLES)                                    Phone: (517) 373-8080
                                                                               http://www.house.mi.gov/hfa
Senate Bill 482 (H-1) as reported from House committee                         Analysis available at
Sponsor: Sen. Kristen McDonald Rivet                                           http://www.legislature.mi.gov
House Committee: Health Policy
Senate Committee: Health Policy
Complete to 6-23-24
                                                                    (Enacted as Public Act 105 of 2024)
SUMMARY:
        Senate Bill 482 would amend the Public Health Code to require medical facilities to store
        sharps (medical waste consisting of needles, syringes, scalpels, and intravenous tubing with
        needles attached) in a sharps container (a safe repository for such items) for up to 18 months
        or until the container is 75% filled, whichever limit occurs first.
        The Medical Waste Regulatory Act (Part 138 of the code) prescribes procedures to contain
        medical waste for facilities that generate, store, decontaminate, or incinerate medical waste,
        including such facilities as hospitals, dental facilities, and physician practices. 1 Among other
        requirements, a facility is now prohibited from storing medical waste on its premises for more
        than 90 days. The bill would establish other requirements, described above, for storing sharps
        (a specific kind of medical waste) on site in a sharps container.
        MCL 333.13809 and 333.13810
BRIEF DISCUSSION:
        Sharps disposal containers used by medical facilities are generally regulated by the U.S. Food
        and Drug Administration (FDA). Among other things, an FDA-cleared sharps container has a
        fill line indicating when the container is about 75% full, when it is recommended to seal and
        dispose of the container. 2 As described above, Michigan law requires disposal of on-site
        medical waste after 90 days.
        According to committee testimony, for facilities with a lower patient volume, such as small
        facilities or those in rural areas, the state’s 90-day limit on storing medical waste is at odds
        with the 75% federal standard for sharps containers. That is, the 90 days are often up, requiring
        disposal, before the containers are 75% filled—or, in some cases, barely used at all—resulting
        in unnecessary (from the standpoint of the federal standards) waste and unnecessary costs. But
        if those facilities kept their underused containers past the 90-day limit, to fill them according
        to FDA guidelines, they would be in violation of Michigan law.
        In general, a person who violates the Medical Waste Regulatory Act or its rules is subject to
        an administrative fine of up to $2,500 for each violation and an additional fine of up to $1,000
        for each day the violation continues. For a first offense, the fine can be postponed until the
1
 See https://www.michigan.gov/egle/about/organization/materials-management/medical-waste-regulatory-program
2
 https://www.fda.gov/medical-devices/safely-using-sharps-needles-and-syringes-home-work-and-travel/sharps-
disposal-containers-health-care-facilities
House Fiscal Agency                                                                              Page 1 of 2
       violation is corrected, but no longer than 45 days. In addition, a person who violates the act
       can be enjoined by a court of competent jurisdiction from continuing the violation.
FISCAL IMPACT:
       Senate Bill 482 would likely have no fiscal impact on the Department of Health and Human
       Services (DHHS), the Department of Environment, Great Lakes, and Energy (EGLE), or local
       units of government.
POSITIONS:
       Representatives of the following entities testified in support of the bill (4-25-24):
          • Department of Environment, Great Lakes, and Energy
          • Aspire Health
       The following entities indicated support for the bill:
          • Michigan Funeral Directors Association (5-16-24)
          • Michigan Health and Hospital Association (4-25-24)
          • Michigan Health and Hospital Association (5-16-24)
          • Michigan Podiatric Medical Association (4-25-24)
          • Michigan Society of Eye Physicians and Surgeons (5-16-24)
                                                           Legislative Analyst: Rick Yuille
                                                              Fiscal Analysts: Kent Dell
                                                                                Austin Scott
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                                                  SB 482 (H-1) as reported   Page 2 of 2
Statutes affected: 
Substitute (H-1): 333.13809, 333.13810
Senate Introduced Bill: 333.13809, 333.13810
As Passed by the Senate: 333.13809, 333.13810
As Passed by the House: 333.13809, 333.13810
Senate Concurred Bill: 333.13809, 333.13810
Public Act: 333.13809, 333.13810
Senate Enrolled Bill: 333.13809, 333.13810