The State Council is devising the regulation in the wake of the SARS crisis, which highlighted waste disposal problems, according to Song Ruilin from the council's Legislative Affairs Office.

Wang Yue from Peking University Health Science Center said: "Improper treatment of medical waste, which is different from household garbage, may lead to pollution of the air, water and soil, and eventually jeopardize the health of every single person."

Used, one-off medical apparatus and instruments such as hypodermic needles posed the biggest danger, said Wang, vice-director of the University's Health Law Department.

There had been reports that small factories or individual traders had collected used, one-off medical devices and then resold them to small hospitals for reuse.

"The reused medical apparatus and instruments, which most patients cannot distinguish from unused devices, may transmit many infectious diseases including HIV/AIDS," Wang said.

Such practices have been possible because currently medical waste tends to be incinerated by individual hospitals.

Wang suggested the regulation stipulate that all medical garbage be incinerated at fixed places to avoid reuse of medical waste. He said governments should strictly supervise the destruction of medical waste, rather than taking on responsibility for its disposal.

Most governments do not have sufficient funds to incinerate all medical waste. If they take on the job, it may lead to corruption because many view the medical waste business as a niche market, he added.

Wang said public bidding could be introduced to ensure fair competition and governments should conduct on-site inspections to ensure disposal occurs properly.

"The government should also put more money towards scientific research into medical apparatus and instruments that 'self-destruct' after a single use and encourage hospitals to use environmentally friendly medical products," he added.

Disposal of medical garbage is now governed only by documents of instruction from the Ministry of Health, instead of a national law or administrative regulation which has more legal force.

The Ministry of Health has been researching a departmental regulation on medical garbage disposal for years, according to Wang.

He said he is pleased to hear the State Council is now working on the issue.

National People's Congress observers say an administrative regulation is usually a prelude to the drafting of a law.

(China Daily June 16, 2003)