88R25589 MPF-F
By: A. Johnson of Harris H.B. No. 4365
Substitute the following for H.B. No. 4365:
By: Klick C.S.H.B. No. 4365
A BILL TO BE ENTITLED
AN ACT
relating to the adoption and implementation of a surgical smoke
evacuation system policy at certain health care facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 222, Health and Safety Code, is amended
by adding Subchapter D to read as follows:
SUBCHAPTER D. SURGICAL SMOKE EVACUATION SYSTEM POLICY AT CERTAIN
HEALTH CARE FACILITIES
Sec. 222.061. DEFINITIONS. In this subchapter:
(1) "Health care facility" means:
(A) a hospital licensed under Chapter 241 or
maintained or operated by this state; and
(B) an ambulatory surgical center licensed under
Chapter 243.
(2) "Surgical smoke" means the gaseous by-product,
including surgical plume, smoke plume, bio-aerosols,
laser-generated airborne contaminants, or lung-damaging dust,
produced by an energy-generating device used in connection with a
surgical procedure.
(3) "Surgical smoke evacuation system" means
equipment that may be used to capture, filter, and remove surgical
smoke before the surgical smoke makes contact with the eyes or
respiratory tract of an individual, including a patient or health
care provider, occupying a room where a surgical procedure is
performed. The term includes equipment that is integrated with or
separate from the energy-generating device.
Sec. 222.062. SURGICAL SMOKE EVACUATION SYSTEM POLICY. (a)
A health care facility shall adopt and implement a policy to
mitigate an individual's exposure to surgical smoke through the use
of a surgical smoke evacuation system during each planned surgical
procedure in an operating room that is likely to generate surgical
smoke.
(b) A health care facility may use any surgical smoke
evacuation system that provides protection to patients and health
care providers, based on the types of surgical techniques and
procedures performed at the facility.
SECTION 2. Not later than January 1, 2024, a health care
facility shall adopt and implement the policy required by Section
222.062, Health and Safety Code, as added by this Act.
SECTION 3. This Act takes effect September 1, 2023.