An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, in licensing of health care facilities, providing for surgical smoke evacuation systems.

PRINTER'S NO. 8
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 27
Session of
2025
INTRODUCED BY KHAN, BONNER, GUENST, CEPEDA-FREYTIZ, SANCHEZ,
HANBIDGE, PIELLI, MALAGARI, HADDOCK AND HILL-EVANS,
JANUARY 8, 2025
REFERRED TO COMMITTEE ON HEALTH, JANUARY 8, 2025
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) Mitigation.--On or before January 1, 2026, 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 mitigate exposure to
surgical smoke through the use of a smoke evacuation system for
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each procedure that generates surgical smoke. Development of the
surgical smoke mitigation policy shall be in consultation with
the entire surgical team at the facility. The surgical smoke
mitigation policy shall be such that the facility may select any
smoke evacuation system that accounts for surgical techniques
and procedures vital to patient safety and considers the safety
of those individuals working in the operating room.
(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." Equipment and technologies that
capture surgical smoke in order to mitigate the effects of the
surgical smoke on the ocular and respiratory tracts of the
occupants of 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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