Are chemicals used at nursing homes exempt from reporting under Sections 311/312 due to the medical facility exemption under Section 311(e)(4)?

 While a nursing home is treated like any other medical facility for Section 311/312 purposes, Section 311(e)(4) does not exempt a medical facility from all Section 311/312 reporting.  Section 311(e)(4) exempts from the definition of hazardous chemical "(a)ny substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual."  This exclusion applies to substances being used in the medical field at a nursing home (which has, as part of its normal operation, medical care responsibilities for its clients) to the extent that the substances are being used under the direct supervision of a technically qualified individual."  The term "technically qualified" is interpreted to refer to individuals who are adequately trained in the research or medical fields, as appropriate (for example, doctors, nurses, research professionals, etc.).  Thus, this provision exempts only those chemicals used medically by technically qualified personnel, and not the entire facility.  Nursing homes may have other hazardous chemicals which are not used for medical purposes and are subject to reporting.  For example, certain cleaning supplies may be reportable under Sections 311/312 if thresholds levels are met.