GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 390
Short Title: Alleviate the Dangers of Surgical Smoke. (Public)
Sponsors: Representatives Cunningham, White, Blackwell, and Reeder (Primary
Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Health, if favorable, Rules, Calendar, and Operations of the House
March 13, 2025
*H390 -v-1*
A BILL TO BE ENTITLED 1
AN ACT ESTABLISHING STANDARDS FOR SURGIC AL SMOKE EVACUATION IN 2
HOSPITALS AND AMBULA TORY SURGICAL FACILITIES. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Part 2 of Article 5 of Chapter 131E of the General Statutes is amended 5
by adding a new section to read: 6
"§ 131E-78.4. Hospital standards for surgical smoke evacuation. 7
(a) Definitions. – The following definitions apply in this section: 8
(1) Smoke evacuation/filtering system. – Stand-alone, portable equipment that 9
effectively captures, filters, and eliminates surgical smoke at the site of origin 10
before the smoke makes contact with the eyes or respiratory tracts of 11
occupants in the room. This equipment is not required to be interconnected to 12
the hospital surgical ventilation or medical gas system. 13
(2) Surgical smoke. – The gaseous by-product produced by energy-generating 14
devices, including surgical plume, smoke plume, bio-aerosols, laser-generated 15
airborne contaminants, or lung-damaging dust. 16
(b) Each hospital licensed under this Part shall adopt and implement policies that require 17
the use of a smoke evacuation/filtering system during any surgical procedure that is likely to 18
generate surgical smoke. 19
(c) Adverse Action. – The Department of Health and Human Services may take adverse 20
action against a hospital under G.S. 131E-78 for a violation of this section." 21
SECTION 2. Part 4 of Article 6 of Chapter 131E of the General Statutes is amended 22
by adding a new section to read: 23
"§ 131E-147.2. Ambulatory surgical facility standards for surgical smoke evacuation. 24
(a) Definitions. – The following definitions apply in this section: 25
(1) Smoke evacuation/filtering system. – Equipment that effectively captures, 26
filters, and eliminates surgical smoke at the site of origin before the smoke 27
makes contact with the eyes or the respiratory tracts of occupants in the room. 28
This equipment is not required to be interconnected to the ambulatory surgical 29
ventilation or medical gas system. 30
(2) Surgical smoke. – The gaseous by-product produced by energy-generating 31
devices, including surgical plume, smoke plume, bio-aerosols, laser-generated 32
airborne contaminants, or lung-damaging dust. 33 General Assembly Of North Carolina Session 2025
Page 2 House Bill 390-First Edition
(b) Each ambulatory surgical facility licensed under this Part shall adopt and implement 1
policies that require the use of a smoke evacuation/filtering system during any surgical procedure 2
that is likely to generate surgical smoke. 3
(c) Adverse Action. – The Department of Health and Human Services may take adverse 4
action against an ambulatory surgical facility under G.S. 131E-148 for a violation of this section." 5
SECTION 3. This act becomes effective January 1, 2026. 6