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HB218
HOUSE OF REPRESENTATIVES
H.B. NO.
218
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
relating
to Hospitals
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that surgical smoke refers to the vapor inside an operating
room that is created during a surgical procedure.
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Tools used during a surgical procedure,
including lasers or electrosurgical devices, produce aerosolized chemicals that
can be harmful to inhale, according to the National Institute for Occupational
Safety and Health.
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Surgical smoke may
contain chemicals such as benzene and formaldehyde.
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Studies report that exposure to these
chemicals can produce a range of debilitating effects, including migraines,
nausea, and irritation of the eyes or nose.
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The legislature further finds that data
suggests that each year roughly five hundred thousand health care professionals
are exposed to hazardous chemicals produced during surgical operations.
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Surgical smoke affects health care workers
such as surgeons, nurses, and anesthesiologists, exposing them to respiratory
issues and long-term health risks.
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Patients and support staff in health care facilities may also be
affected by inhalation.
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As a result,
eighteen states have enacted surgical smoke evacuation mandate laws, including
Minnesota, Virginia, and West Virginia.
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Accordingly, the purpose of this Act is to
require any hospital with an operating room licensed by the department of
health to adopt and implement policies to prevent exposure to surgical smoke.
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SECTION
2.
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Chapter 321, Hawaii Revised Statutes,
is amended by adding a new section to be appropriately designated and to read
as follows:
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�321-
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Surgical smoke evacuation system;
definitions.
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(a)
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No later than July 1, 2026, any hospital with
an operating room licensed pursuant to section 321-14.5 shall adopt and
implement policies to prevent exposure to surgical smoke by using a smoke
evacuation system for each procedure that generates surgical smoke.
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The department shall ensure compliance with
this section during any onsite inspection and in response to any complaint
received relating to a violation of this section.
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(b)
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For the purposes of this section:
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"Smoke
evacuation system" means 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 a
person's respiratory tract.
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"Surgical
smoke" means the surgical plume that is generated from the use of an
energy-generating surgical device, including a smoke plume, bio-aerosol,
laser-generated airborne contaminant, and lung-damaging dust.
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SECTION 3.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
DOH;
Hospitals; Surgical Smoke; Smoke Evacuation System
Description:
Requires
any hospital with an operating room licensed by the Department of Health to
adopt and implement policies to prevent exposure to surgical smoke.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.