| 1 | 1 | | 87R5391 SRA-F |
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| 2 | 2 | | By: Miles S.B. No. 429 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the adoption and implementation of a surgical smoke |
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| 8 | 8 | | evacuation system policy at certain health care facilities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 222, Health and Safety Code, is amended |
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| 11 | 11 | | by adding Subchapter D to read as follows: |
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| 12 | 12 | | SUBCHAPTER D. SURGICAL SMOKE EVACUATION SYSTEM POLICY AT CERTAIN |
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| 13 | 13 | | HEALTH CARE FACILITIES |
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| 14 | 14 | | Sec. 222.061. DEFINITIONS. In this subchapter: |
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| 15 | 15 | | (1) "Health care facility" means: |
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| 16 | 16 | | (A) a hospital licensed under Chapter 241, |
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| 17 | 17 | | including a hospital maintained and operated by this state; |
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| 18 | 18 | | (B) an ambulatory surgical center licensed under |
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| 19 | 19 | | Chapter 243; and |
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| 20 | 20 | | (C) a mental hospital licensed under Chapter 577. |
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| 21 | 21 | | (2) "Surgical smoke" means the gaseous by-product, |
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| 22 | 22 | | including surgical plume, smoke plume, bio-aerosols, |
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| 23 | 23 | | laser-generated airborne contaminants, or lung-damaging dust, |
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| 24 | 24 | | produced by an energy-generating device. |
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| 25 | 25 | | (3) "Surgical smoke evacuation system" means |
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| 26 | 26 | | equipment designed to capture and neutralize surgical smoke at the |
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| 27 | 27 | | site of origin and before the surgical smoke makes contact with the |
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| 28 | 28 | | eyes or respiratory tract of the individuals occupying the room |
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| 29 | 29 | | where the surgery is performed. |
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| 30 | 30 | | Sec. 222.062. SURGICAL SMOKE EVACUATION SYSTEM POLICY. A |
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| 31 | 31 | | health care facility shall adopt and implement a policy to prevent |
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| 32 | 32 | | human exposure to surgical smoke through the use of a surgical smoke |
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| 33 | 33 | | evacuation system during a planned surgical procedure that is |
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| 34 | 34 | | likely to generate surgical smoke. |
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| 35 | 35 | | SECTION 2. Not later than January 1, 2022, a health care |
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| 36 | 36 | | facility shall adopt and implement the policy required by Section |
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| 37 | 37 | | 222.062, Health and Safety Code, as added by this Act. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2021. |
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