75-10-1006. Generation licensing and regulation — rulemaking authority. (1) A person that is required to obtain a license from a board or department of the state to operate a health care facility, as defined in 50-5-101, or to engage in a profession or occupation:

Terms Used In Montana Code 75-10-1006

  • generation: means to produce infectious waste. See Montana Code 75-10-1003
  • Infectious: means capable of producing disease. See Montana Code 75-10-1003
  • Infectious waste: means waste capable of producing infectious disease. See Montana Code 75-10-1003
  • Intermediate point: means a place where infectious waste is not treated or disposed of. See Montana Code 75-10-1003
  • Person: means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not. See Montana Code 75-10-1003
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • store: means to hold for a temporary period. See Montana Code 75-10-1003

(a)may not generate infectious waste, store infectious waste at a place where infectious waste is generated, or transport infectious waste from the point of generation to an intermediate point without a license; and

(b)shall comply with the rules adopted under this part by the board or department responsible for licensing that person.

(2)A board or department of the state that issues a license to a person that generates infectious waste:

(a)shall adopt rules to implement this part governing the following activities by a licensee:

(i)generation of infectious waste;

(ii)storage of infectious waste at a place where infectious waste is generated;

(iii)transportation of infectious waste from the place of generation to an intermediate point; and

(b)may impose and adjust annual fees commensurate with the costs of regulation.