AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SURGICAL SMOKE.

Plain English Breakdown

The official metadata lists an empty effective date, though the bill was signed on August 25, 2025.

Delaware Law on Surgical Smoke Safety

This law requires hospitals and freestanding surgical centers in Delaware to use equipment that captures and filters harmful smoke created during surgery.

What This Bill Does

• Creates a new chapter in the state code about managing surgical smoke.
• Defines what counts as 'surgical smoke' and who must follow these rules.
• Requires health care employers to adopt policies for using smoke evacuation systems by April 1, 2026.

Who It Names or Affects

• Hospitals as defined under Delaware law.
• Freestanding surgical centers as defined by state code.

Terms To Know

Surgical Smoke

The gaseous by-product produced by energy-generating devices, including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, or lung-damaging dust.

Smoke Evacuation System

Equipment that effectively captures and filters surgical smoke at the site of origin before it reaches people's eyes or respiratory tracts in the room.

Limits and Unknowns

• The law does not specify penalties for employers who fail to meet the April 1, 2026 deadline.
• The effective date is listed as blank in the official metadata provided.

Official Summary Text

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SURGICAL SMOKE.
This Act requires health care employers to implement a smoke evacuation system for surgical procedures that generate surgical smoke.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Minor-Brown & Sen. Pinkney

Rep. Osienski; Sens. Cruce, Mantzavinos, Townsend

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 173

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SURGICAL SMOKE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Part VIII, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

Chapter 93B. Surgical Smoke Evacuation

§ 9001B. Definitions.

For purposes of this chapter:

(1) “Health care employer” means a hospital as defined under § 1001 of this title or a freestanding surgical center as defined by § 122 of this title.

(2) “Smoke evacuation system” means equipment that effectively captures and filters surgical smoke at the site of origin before the smoke makes contact with the eyes or the respiratory tract of occupants in the room.

(3) "Surgical smoke" means the gaseous by-product produced by energy-generating devices including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, or lung-damaging dust.

§ 9002B. Surgical smoke evacuation requirements.

On or before April 1, 2026, a health care employer must adopt and implement policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke.

SYNOPSIS

This Act requires health care employers to implement a smoke evacuation system for surgical procedures that generate surgical smoke.