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| 2 | 2 | | SENATE DOCKET, NO. 673 FILED ON: 1/14/2025 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1482 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Joanne M. Comerford |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act protecting patients and health care workers from exposure to surgical smoke. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Joanne M. ComerfordHampshire, Franklin and WorcesterJohn F. KeenanNorfolk and Plymouth2/20/2025Michael D. BradySecond Plymouth and Norfolk2/27/2025 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 673 FILED ON: 1/14/2025 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1482 |
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| 18 | 18 | | By Ms. Comerford, a petition (accompanied by bill, Senate, No. 1482) of Joanne M. Comerford, |
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| 19 | 19 | | John F. Keenan and Michael D. Brady for legislation to protect patients and health care workers |
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| 20 | 20 | | from exposure to surgical smoke. Public Health. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 1332 OF 2023-2024.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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| 26 | 26 | | (2025-2026) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act protecting patients and health care workers from exposure to surgical smoke. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Chapter 111 of the General Laws, as appearing in the 2022 Official Edition, |
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| 32 | 32 | | 2is hereby amended by inserting after section 244 the following section:- |
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| 33 | 33 | | 3 Section 245. (a) As used in this section, the following words shall, unless the context |
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| 34 | 34 | | 4clearly requires otherwise, have the following meanings:- |
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| 35 | 35 | | 5 “Smoke evacuation system”, smoke evacuators, laser plume evacuators, or local exhaust |
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| 36 | 36 | | 6ventilators that effectively capture and neutralize surgical smoke at the site of origin and before |
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| 37 | 37 | | 7the smoke can make ocular contact or contact with the respiratory tract of the occupants of the |
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| 38 | 38 | | 8room. 2 of 2 |
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| 39 | 39 | | 9 “Surgical smoke”, the by-product, including surgical plume, smoke plume, bio-aerosols, |
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| 40 | 40 | | 10laser-generated airborne contaminants, and other lung-damaging dust, that results from contact |
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| 41 | 41 | | 11with tissue by an energy generating device. |
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| 42 | 42 | | 12 (b) All hospitals and freestanding ambulatory surgical facilities licensed in the |
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| 43 | 43 | | 13commonwealth under this chapter shall adopt policies to ensure the elimination of surgical |
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| 44 | 44 | | 14smoke by use of a smoke evacuation system for any procedure that generates surgical smoke |
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| 45 | 45 | | 15from the use of energy-based devices including, but not limited to, electrosurgery and lasers. |
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| 46 | 46 | | 16 (c) Any hospital or freestanding ambulatory surgical facility that violates subsection (b) |
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| 47 | 47 | | 17shall be punished by a fine of not less than $500 for each violation. |
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| 48 | 48 | | 18 SECTION 2. (a) Section 245 of chapter 111 of the General Laws shall take effect as of |
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| 49 | 49 | | 19January 1, 2026. |
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| 50 | 50 | | 20 (b) Every hospital and freestanding ambulatory surgical center shall report to the |
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| 51 | 51 | | 21department of public health by April 1, 2026 regarding the policies they have adopted to comply |
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| 52 | 52 | | 22with said section 245 of said chapter 111. |
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