Consequences for HIPAA violations can often be quite harsh. If someone has breached the HIPAA privacy regulations – even without any malicious intent, civil penalties are applicable: $100 per violation for unawareness, a minimum of $1,000 for reasonable cause, a minimum of $10,000 if willful neglect is present and then rectified, and finally, a minimum of $50,000 for individuals who act with willful neglect and ignore the issue.
| Digital ExclusiveHow to Register as a Medical Waste Generator in California
California Health & Safety Codes
Sections 117915 through 117945 of the California Health and Safety Code (HSC), establish acupuncturists as medical waste generators, specifying the requirements, including an annual registration fee of $25, payable to the Medical Waste Management Program. Medical waste includes, but is not limited to acupuncture needles. Please see below for a description of the medical waste laws as they apply to acupuncturists.
A Small Quantity Generator (SQG) is a medical waste generator that generates less than 200 pounds of medical waste per month. Acupuncture needles are considered medical waste, therefore acupuncturists and acupuncture clinics are subject to the requirements of the Medical Waste Management Act (MWMA), California Health and Safety Code (HSC) sections 117600 - 118360.
The California Department of Public Health, Medical Waste Management Program (Department) is the enforcement agency for medical waste generators in the following counties:
Alpine Amador Butte CalaverasFresno | Glenn Humboldt Imperial InyoLake | Los Angeles Mariposa Mendocino MonoNevada | Placer Plumas San Benito San Luis ObispoSanta Barbara | Sierra Solano Sutter TrinityYolo |
In addition, the Department is the enforcement agency for the City of Berkeley. HSC 117924(a) states: When the Department is the enforcement agency, the Department shall impose and cause the collection of an annual medical waste generator fee ($25) on small quantity generators of medical waste. The SQG registration form is available on the Department's website: cdph.ca.gov/MedicalWaste.
The following counties that are regulated by a Local Enforcement Agency (LEA), rather than by the Department:
Alameda Colusa Contra Costa Del Norte El Dorado KernKings | Lassen Madera Marin Merced Modoc MontereyNapa | Orange Riverside Sacramento San Bernardino San Diego San FranciscoSan Joaquin | San Mateo Santa Clara Santa Cruz Shasta Siskiyou SonomaStanislaus | Tehama Tulare Tuolumne VenturaYuba |
The City of Long Beach and the City of Vernon are also regulated by a LEA. Acupuncturists in these cities and counties need to contact their LEA to register, rather than the Department and the fees vary depending on the city or county. A list of LEA contacts is available on the Department's website at: cdph.ca.gov/MedicalWaste.