Montana Code Annotated 2023



Part 10. Infectious Waste Management Act


75-10-1003. Definitions. As used in this part, the following definitions apply:

(1) "Disposal" or "dispose" has the meaning provided in 75-10-203.

(2) "Generate" or "generation" means to produce infectious waste.

(3) "Infectious" means capable of producing disease. To be infectious, the following four factors simultaneously must be present:

(a) virulence, which is the ability of microorganisms to cause disease;

(b) dose, which is microorganisms in a quantity sufficient to cause infection;

(c) portal of entry, which is an opening or route of access into a human body; and

(d) host susceptibility, which means the host's natural resistance is incapable of preventing infection.

(4) "Infectious waste" means waste capable of producing infectious disease. Infectious waste includes but is not limited to:

(a) cultures and stocks of infectious agents and associated biologicals;

(b) human pathological waste, including tissues, organs, and body parts removed during surgery or an autopsy;

(c) free-flowing waste human blood and products of blood, including serum, plasma, and other blood components and items soaked or saturated with blood; and

(d) sharps that have been used in patient care, medical research, or industrial laboratories.

(5) "Intermediate point" means a place where infectious waste is not treated or disposed of.

(6) "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.

(7) "Sharps" means any discarded health care article that may cause punctures or cuts, including but not limited to:

(a) broken glass that may be contaminated with blood;

(b) needles; and

(c) scalpel blades.

(8) "Steam sterilization" means a treatment method for infectious waste using saturated steam within a pressure vessel (known as a steam sterilizer, autoclave, or retort) at a time, for a period of time, and at a temperature sufficient to kill infectious agents within the waste.

(9) "Storage" or "store" means to hold for a temporary period.

(10) "Transport" or "transportation" means to move infectious waste from the point of generation to any intermediate point or to the point of ultimate treatment or disposal.

(11) "Treat" or "treatment" means to apply a method, technique, or process, including incineration, designed to render infectious waste sterile.

History: En. Sec. 3, Ch. 483, L. 1991; amd. Sec. 209, Ch. 418, L. 1995; amd. Sec. 2, Ch. 97, L. 2007.