88R6744 MPF-F
 
  By: A. Johnson of Harris 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,
  including a hospital maintained and operated by this state;
                     (B)  an ambulatory surgical center licensed under
  Chapter 243; and
                     (C)  a mental hospital licensed under Chapter 577.
               (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 a room in which a
  surgical procedure is performed.
               (3)  "Surgical smoke evacuation system" means
  equipment designed to capture and neutralize surgical smoke at the
  site of origin and before the surgical smoke makes contact with the
  eyes or respiratory tract of any individual occupying a room in
  which a surgical procedure is performed.
         Sec. 222.062.  SURGICAL SMOKE EVACUATION SYSTEM POLICY. A
  health care facility shall adopt and implement a policy to prevent
  an individual's exposure to surgical smoke through the use of a
  surgical smoke evacuation system during each planned surgical
  procedure that is likely to generate surgical smoke.
         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.