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SENATE DOCKET, NO. 295 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 1332
The Commonwealth of Massachusetts
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PRESENTED BY:
Joanne M. Comerford
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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 health care workers from exposure to surgical smoke.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterPaul R. FeeneyBristol and Norfolk1/27/2023Lindsay N. Sabadosa1st Hampshire1/27/2023Jack Patrick Lewis7th Middlesex1/27/2023Michael O. MooreSecond Worcester2/2/2023Walter F. TimiltyNorfolk, Plymouth and Bristol2/15/2023Sal N. DiDomenicoMiddlesex and Suffolk2/15/2023Bruce E. TarrFirst Essex and Middlesex2/21/2023 1 of 2
SENATE DOCKET, NO. 295 FILED ON: 1/12/2023
SENATE . . . . . . . . . . . . . . No. 1332
By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1332) of Joanne M. Comerford,
Paul R. Feeney, Lindsay N. Sabadosa, Jack Patrick Lewis and other members of the General
Court for legislation to protect patients and health care workers from exposure to surgical smoke.
Public Health.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act protecting patients and health care 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:
1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2020 Official Edition,
2is hereby amended by inserting after section 243 the following section:-
3 Section 244. (a) As used in this section, the following words shall, unless the context
4clearly requires otherwise, have the following meanings:-
5 “Smoke evacuation system”, smoke evacuators, laser plume evacuators, or local exhaust
6ventilators that effectively capture and neutralize surgical smoke at the site of origin and before
7the smoke can make ocular contact or contact with the respiratory tract of the occupants of the
8room.
9 “Surgical smoke”, the by-product, including surgical plume, smoke plume, bio-aerosols,
10laser-generated airborne contaminants, and other lung-damaging dust, that results from contact
11with tissue by an energy generating device. 2 of 2
12 (b) All hospitals and freestanding ambulatory surgical facilities licensed in the
13commonwealth under this chapter shall adopt policies to ensure the elimination of surgical
14smoke by use of a smoke evacuation system for any procedure that generates surgical smoke
15from the use of energy-based devices including, but not limited to, electrosurgery and lasers.
16 (c) Any hospital or freestanding ambulatory surgical facility that violates subsection (b)
17shall be punished by a fine of not less than $500 for each violation.
18 SECTION 2. (a) Section 244 of chapter 111 of the General Laws shall take effect as of
19January 1, 2024.
20 (b) Every hospital and freestanding ambulatory surgical center shall report to the
21department of public health by April 1, 2024 of the policies they have adopted to comply with
22said section 244 of said chapter 111.