Section R315-266-503 - Hazardous Waste Pharmaceuticals - Standards for Healthcare Facilities Managing Potentially Creditable Hazardous Waste Pharmaceuticals(a) Hazardous waste determination for potentially creditable pharmaceuticals. A healthcare facility that generates a solid waste that is a potentially creditable pharmaceutical shall determine whether the potentially creditable pharmaceutical is a potentially creditable hazardous waste pharmaceutical, for example, it is listed in Sections R315-261-30 through R315-261-35 or exhibits a characteristic identified in Sections R315-261-20 through R315-261-24. A healthcare facility may choose to manage its potentially creditable non-hazardous waste pharmaceuticals as potentially creditable hazardous waste pharmaceuticals under Sections R315-266-500 through R315-266-510.(b) Accepting potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator. A healthcare facility may accept potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator under Section R315-262-14, without a permit or without having interim status, provided the receiving healthcare facility:(1) is under the control of the same person, as defined in Section R315-260-10, as the very small quantity generator healthcare facility that is sending the potentially creditable hazardous waste pharmaceuticals off site, or has a contractual or other documented business relationship whereby the receiving healthcare facility supplies pharmaceuticals to the very small quantity generator healthcare facility; (2) is operating under Sections R315-266-500 through R315-266-510 for the management of its potentially creditable hazardous waste pharmaceuticals;(3) manages the potentially creditable hazardous waste pharmaceuticals that it receives from off site in compliance with Sections R315-266-500 through R315-266-510; and(4) keeps records of the potentially creditable hazardous waste pharmaceuticals shipments it receives from off site for three years from the date that the shipment is received.(c) Prohibition. Healthcare facilities are prohibited from sending hazardous wastes other than potentially creditable hazardous waste pharmaceuticals to a reverse distributor.(d) Biennial Reporting by healthcare facilities. Healthcare facilities are not subject to biennial reporting requirements under Section R315-262-41 with respect to potentially creditable hazardous waste pharmaceuticals managed under Sections R315-266-500 through R315-266-510.(e) Recordkeeping by healthcare facilities. (1) A healthcare facility that initiates a shipment of potentially creditable hazardous waste pharmaceuticals to a reverse distributor shall keep the following records, paper or electronic, for each shipment of potentially creditable hazardous waste pharmaceuticals for three years from the date of shipment: (i) the confirmation of delivery; and(ii) the shipping papers prepared in accordance with 49 CFR part 172 subpart C, if applicable.(2) The periods of retention referred to in Section R315-266-503 are extended automatically during the course of any unresolved enforcement action regarding the regulated activity, or as requested by the Director.(3) Records shall be readily available upon request by an inspector.(f) Response to spills of potentially creditable hazardous waste pharmaceuticals at healthcare facilities. A healthcare facility shall immediately contain any spills of potentially creditable hazardous waste pharmaceuticals and manage the spill clean-up materials as non-creditable hazardous waste pharmaceuticals in accordance with Sections R315-266-500 through R315-266-510.Utah Admin. Code R315-266-503
Adopted by Utah State Bulletin Number 2020-19, effective 9/14/2020