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. 1043
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 921
Session of
2025
INTRODUCED BY MUTH, FONTANA AND SCHWANK, JULY 8, 2025
REFERRED TO HEALTH AND HUMAN SERVICES, JULY 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) Policy adoption.--On or before January 1, 2027, 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 each procedure that
generates surgical smoke.
(b) Compliance.--The department shall ensure compliance with
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this section during any on-site inspection and in response to
any complaint received relating to a violation of this section.
(c) 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.
Section 2. This act shall take effect immediately.
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