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.