Texas 2023 - 88th Regular

Texas House Bill HB4365

Filed
3/9/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

Impact

The impact of HB 4365 is significant for state laws regarding healthcare practices, particularly the requirement for hospitals and surgery centers to implement a consistent approach to managing surgical smoke. This regulation aims not only to protect the health and safety of healthcare professionals but also to provide a safer environment for patients undergoing procedures. The bill requires facilities to adopt a mitigation policy for surgical smoke, necessitating the use of surgical smoke evacuation systems during surgeries likely to generate such smoke.

Summary

House Bill 4365 mandates the implementation of a surgical smoke evacuation system policy across certain health care facilities in Texas, specifically targeting hospitals and ambulatory surgical centers. This legislation arises from the concern surrounding the health risks posed by surgical smoke, which can be generated during common surgical procedures. The bill distinguishes surgical smoke as a gaseous by-product that may cause respiratory issues and discomfort for both patients and healthcare providers. It sets a deadline for health care facilities to adopt these policies by January 1, 2024, with the law taking effect on September 1, 2023.

Sentiment

Overall, the sentiment surrounding HB 4365 appears to be positive, especially among healthcare professionals and organizations advocating for nurse and patient safety. Supporters, including representatives from the Texas Collaboration of Perioperative Nurses, have highlighted the necessity of this legislation to reduce hazards associated with surgical smoke exposure. There is a growing recognition of the need to prioritize health and safety measures in surgical settings, and the bill has garnered bipartisan support, indicating a collective effort to address this health issue.

Contention

While there is broad support for the intent of HB 4365, a few points of contention have arisen during discussions. One notable concern includes the exclusion of mental health facilities from the bill's provisions, which could lead to mixed standards across different types of healthcare facilities. Certain stakeholders have raised questions about the definitions and parameters of surgical smoke evacuation systems, emphasizing the importance of clear guidelines to ensure effective implementation. These discussions point towards a need for ongoing dialogue between legislators, healthcare providers, and professional associations to refine the bill's provisions and address any outstanding concerns.

Texas Constitutional Statutes Affected

Health And Safety Code

  • Chapter 222. Health Care Facility Survey, Construction, Inspection, And Regulation
    • Section: New Section

Companion Bills

TX SB707

Identical Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

Previously Filed As

TX SB429

Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

TX HB4118

Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

TX SB707

Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

TX SB490

Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

TX HB513

Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

Similar Bills

No similar bills found.