88R25589 MPF-F
 
  By: A. Johnson of Harris H.B. No. 4365
 
  Substitute the following for H.B. No. 4365:
 
  By:  Klick C.S.H.B. No. 4365
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the adoption and implementation of a surgical smoke
  evacuation system policy at certain health care facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 222, Health and Safety Code, is amended
  by adding Subchapter D to read as follows:
  SUBCHAPTER D. SURGICAL SMOKE EVACUATION SYSTEM POLICY AT CERTAIN
  HEALTH CARE FACILITIES
         Sec. 222.061.  DEFINITIONS. In this subchapter:
               (1)  "Health care facility" means:
                     (A)  a hospital licensed under Chapter 241 or
  maintained or operated by this state; and
                     (B)  an ambulatory surgical center licensed under
  Chapter 243.
               (2)  "Surgical smoke" means the gaseous by-product,
  including surgical plume, smoke plume, bio-aerosols,
  laser-generated airborne contaminants, or lung-damaging dust,
  produced by an energy-generating device used in connection with a
  surgical procedure.
               (3)  "Surgical smoke evacuation system" means
  equipment that may be used to capture, filter, and remove surgical
  smoke before the surgical smoke makes contact with the eyes or
  respiratory tract of an individual, including a patient or health
  care provider, occupying a room where a surgical procedure is
  performed.  The term includes equipment that is integrated with or
  separate from the energy-generating device.
         Sec. 222.062.  SURGICAL SMOKE EVACUATION SYSTEM POLICY. (a)  
  A health care facility shall adopt and implement a policy to
  mitigate an individual's exposure to surgical smoke through the use
  of a surgical smoke evacuation system during each planned surgical
  procedure in an operating room that is likely to generate surgical
  smoke.
         (b)  A health care facility may use any surgical smoke
  evacuation system that provides protection to patients and health
  care providers, based on the types of surgical techniques and
  procedures performed at the facility.
         SECTION 2.  Not later than January 1, 2024, a health care
  facility shall adopt and implement the policy required by Section
  222.062, Health and Safety Code, as added by this Act.
         SECTION 3.  This Act takes effect September 1, 2023.