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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption and implementation of a surgical smoke |
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evacuation system policy at certain health care facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 222, Health and Safety Code, is amended |
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by adding Subchapter D to read as follows: |
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SUBCHAPTER D. SURGICAL SMOKE EVACUATION SYSTEM POLICY AT CERTAIN |
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HEALTH CARE FACILITIES |
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Sec. 222.061. DEFINITIONS. In this subchapter: |
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(1) "Health care facility" means: |
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(A) a hospital licensed under Chapter 241 or |
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maintained or operated by this state; and |
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(B) an ambulatory surgical center licensed under |
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Chapter 243. |
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(2) "Surgical smoke" means the gaseous by-product, |
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including surgical plume, smoke plume, bio-aerosols, |
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laser-generated airborne contaminants, or lung-damaging dust, |
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produced by an energy-generating device used in connection with a |
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surgical procedure. |
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(3) "Surgical smoke evacuation system" means |
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equipment that may be used to capture, filter, and remove surgical |
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smoke before the surgical smoke makes contact with the eyes or |
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respiratory tract of an individual, including a patient or health |
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care provider, occupying a room where a surgical procedure is |
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performed. The term includes equipment that is integrated with or |
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separate from the energy-generating device. |
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Sec. 222.062. SURGICAL SMOKE EVACUATION SYSTEM POLICY. (a) |
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A health care facility shall adopt and implement a policy to |
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mitigate an individual's exposure to surgical smoke through the use |
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of a surgical smoke evacuation system during each planned surgical |
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procedure in an operating room that is likely to generate surgical |
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smoke. |
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(b) A health care facility may use any surgical smoke |
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evacuation system that provides protection to patients and health |
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care providers, based on the types of surgical techniques and |
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procedures performed at the facility. |
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SECTION 2. Not later than January 1, 2024, a health care |
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facility shall adopt and implement the policy required by Section |
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222.062, Health and Safety Code, as added by this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |