A05262
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2283
Session of
2024
INTRODUCED BY KHAN, BONNER, WAXMAN, McNEILL, FRANKEL, HILL-
EVANS, SANCHEZ, ROZZI, KAUFFMAN, KENYATTA, NEILSON, JOZWIAK,
GILLEN, MAYES, CURRY AND GREEN, MAY 14, 2024
AS REPORTED FROM COMMITTEE ON HEALTH, HOUSE OF REPRESENTATIVES,
AS AMENDED, JUNE 5, 2024
AN ACT
Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
act relating to health care; prescribing the powers and
duties of the Department of Health; establishing and
providing the powers and duties of the State Health
Coordinating Council, health systems agencies and Health Care
Policy Board in the Department of Health, and State Health
Facility Hearing Board in the Department of Justice;
providing for certification of need of health care providers
and prescribing penalties," in licensing of health care
facilities, providing for surgical smoke evacuation systems.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of July 19, 1979 (P.L.130, No.48), known
as the Health Care Facilities Act, is amended by adding a
section to read:
Section 809.3. Surgical smoke evacuation systems.
(a) General rule.--On or before January 1, 2025, OR THE DATE
THAT IS 90 DAYS AFTER THE EFFECTIVE DATE OF THIS SUBSECTION,
WHICHEVER IS LATER, an ambulatory surgical facility or hospital
shall adopt and implement policies to prevent exposure to
surgical smoke through the use of a smoke evacuation system for
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each procedure that generates surgical smoke.
(b) Compliance.--The department shall ensure compliance with
this section during any on-site inspection and in response to
any complaint received relating to a violation of this section.
(c) (b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Smoke evacuation system." Smoke evacuation equipment and
technologies designed to capture, filter and remove surgical
smoke at the site of origin and to prevent surgical smoke from
making ocular contact or contact with the respiratory tract of
an individual .
"Surgical smoke." The surgical plume that is generated from
the use of an energy-generating surgical device. The term
includes smoke plume, bio-aerosols, laser-generated airborne
contaminants and lung damaging dust.
"Smoke evacuation system." Smoke evacuation equipment and
technologies that capture surgical smoke so that the surgical
smoke will not make ocular contact or contact with the
respiratory tract of an individual in the operating room .
"Surgical smoke." The surgical plume or gaseous byproduct
that is produced from the interaction of tools or heat-producing
equipment used for dissection and hemostasis during surgical or
invasive procedures.
Section 2. This act shall take effect immediately.
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