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*hb1087*
HOUSE BILL 1087
J3, J1 6lr3469
By: Delegate S. Johnson
Introduced and read first time: February 10, 2026
Assigned to: Health
Committee Report: Favorable
House action: Adopted
Read second time: March 2, 2026
CHAPTER ______
AN ACT concerning 1
Health Care Facilities – Surgical Smoke – Smoke Evacuation Systems 2
FOR the purpose of requiring health care facilit ies that perform surgical procedures to 3
adopt and implement policies that require the use of a smoke evacuation system 4
during a surgical procedure that may generate surgical smoke ; and generally 5
relating to smoke evacuation systems in health care facilities. 6
BY adding to 7
Article – Health – General 8
Section 19–1001 and 19–1002 to be under the new subtitle “Subtitle 10. Surgical 9
Smoke Evacuation Systems” 10
Annotated Code of Maryland 11
(2023 Replacement Volume and 2025 Supplement) 12
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 13
That the Laws of Maryland read as follows: 14
Article – Health – General 15
SUBTITLE 10. SURGICAL SMOKE EVACUATION SYSTEMS. 16
19–1001. 17
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 18
INDICATED. 19
2 HOUSE BILL 1087
(B) “HEALTH CARE FACILITY” MEANS: 1
(1) A HOSPITAL, AS DEFINED IN § 19–301 OF THIS TITLE; 2
(2) A LIMITED SERVICE HOSPITAL, AS DEFINED IN § 19–301 OF THIS 3
TITLE; 4
(3) A RELATED INSTITUTION, AS DEFINED IN § 19–301 OF THIS TITLE; 5
(4) AN AMBULATORY SURGICAL FACILITY; OR 6
(5) A FREESTANDING MEDICAL FACILITY, AS DEFINED IN § 19–3A–01 7
OF THIS TITLE. 8
(C) “SMOKE EVACUATION SYSTEM” MEANS EQUIPMENT THAT EFFECTIVELY 9
CAPTURES AND FILTERS SURGICAL SMOKE AT TH E SITE OF ORIGIN BEF ORE THE 10
SURGICAL SMOKE MAKES CONTACT WITH THE E YES OR RESPIRATORY T RACT OF 11
OCCUPANTS IN THE ROOM. 12
(D) “SURGICAL SMOKE” MEANS THE GASEOUS BY–PRODUCT PRODUCED BY 13
ENERGY–GENERATING DEVICES , INCLUDING SURGICAL P LUME, SMOKE PLUME , 14
BIO–AEROSOLS, LASER–GENERATED AIRBORNE C ONTAMINANTS, OR 15
LUNG–DAMAGING DUST. 16
19–1002. 17
BY JANUARY 1, 2028, EACH HEALTH CARE FACILITY THAT PERFORMS 18
SURGICAL PROCEDURES SHALL ADOPT AND IMPL EMENT POLICIES THAT REQUIRE 19
THE USE OF A SMOKE EVACUATION SYSTEM DURING A SURGICAL PROCEDURE THAT 20
MAY GENERATE SURGICAL SMOKE. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 22
October 1, 2026. 23