HOUSE DOCKET, NO. 1065        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2192

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

James K. Hawkins

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act protecting patients and healthcare workers from exposure to surgical smoke.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

James K. Hawkins

2nd Bristol

1/18/2023

David Henry Argosky LeBoeuf

17th Worcester

1/26/2023

James C. Arena-DeRosa

8th Middlesex

1/26/2023

Lindsay N. Sabadosa

1st Hampshire

1/27/2023

Margaret R. Scarsdale

1st Middlesex

2/8/2023

Erika Uyterhoeven

27th Middlesex

2/8/2023

Jon Santiago

9th Suffolk

2/8/2023

Colleen M. Garry

36th Middlesex

2/9/2023

Denise C. Garlick

13th Norfolk

2/15/2023

Simon Cataldo

14th Middlesex

2/22/2023

Joanne M. Comerford

Hampshire, Franklin and Worcester

3/9/2023

Bruce E. Tarr

First Essex and Middlesex

4/10/2023

Rebecca L. Rausch

Norfolk, Worcester and Middlesex

7/7/2023

Brian M. Ashe

2nd Hampden

1/23/2024


HOUSE DOCKET, NO. 1065        FILED ON: 1/18/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2192

By Representative Hawkins of Attleboro, a petition (accompanied by bill, House, No. 2192) of James K. Hawkins and others for legislation to protect patients and healthcare workers from exposure to surgical smoke.  Public Health.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act protecting patients and healthcare workers from exposure to surgical smoke.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1: Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 243 the following section:-

Section 244. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

“Smoke evacuation system”, smoke evacuators, laser plume evacuators, or local exhaust ventilators that effectively capture and neutralize surgical smoke at the site of origin and before the smoke can make ocular contact or contact with the respiratory tract of the occupants of the room.

“Surgical smoke”, the by-product, including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, and other lung-damaging dust, that results from contact with tissue by an energy-generating device.

(b) All hospitals and freestanding ambulatory surgical facilities licensed in the commonwealth under this chapter shall adopt policies to ensure the elimination of surgical smoke by use of a smoke evacuation system for any procedure that generates surgical smoke from the use of energy-based devices including, but not limited to, electrosurgery and lasers.

(c) Any hospital or freestanding ambulatory surgical facility that violates subsection (b) shall be punished by a fine of not less than $500 for each violation.

SECTION 2. (a) Section 244 of chapter 111 of the General Laws shall take effect as of January 1, 2024.

(b) Every hospital and freestanding ambulatory surgical center shall report to the department of public health by April 1, 2024 of the policies they have adopted to comply with said section 244 of said chapter 111.