| 1 | 1 | | 88R25589 MPF-F |
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| 2 | 2 | | By: A. Johnson of Harris H.B. No. 4365 |
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| 3 | 3 | | Substitute the following for H.B. No. 4365: |
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| 4 | 4 | | By: Klick C.S.H.B. No. 4365 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the adoption and implementation of a surgical smoke |
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| 10 | 10 | | evacuation system policy at certain health care facilities. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 222, Health and Safety Code, is amended |
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| 13 | 13 | | by adding Subchapter D to read as follows: |
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| 14 | 14 | | SUBCHAPTER D. SURGICAL SMOKE EVACUATION SYSTEM POLICY AT CERTAIN |
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| 15 | 15 | | HEALTH CARE FACILITIES |
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| 16 | 16 | | Sec. 222.061. DEFINITIONS. In this subchapter: |
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| 17 | 17 | | (1) "Health care facility" means: |
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| 18 | 18 | | (A) a hospital licensed under Chapter 241 or |
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| 19 | 19 | | maintained or operated by this state; and |
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| 20 | 20 | | (B) an ambulatory surgical center licensed under |
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| 21 | 21 | | Chapter 243. |
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| 22 | 22 | | (2) "Surgical smoke" means the gaseous by-product, |
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| 23 | 23 | | including surgical plume, smoke plume, bio-aerosols, |
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| 24 | 24 | | laser-generated airborne contaminants, or lung-damaging dust, |
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| 25 | 25 | | produced by an energy-generating device used in connection with a |
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| 26 | 26 | | surgical procedure. |
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| 27 | 27 | | (3) "Surgical smoke evacuation system" means |
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| 28 | 28 | | equipment that may be used to capture, filter, and remove surgical |
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| 29 | 29 | | smoke before the surgical smoke makes contact with the eyes or |
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| 30 | 30 | | respiratory tract of an individual, including a patient or health |
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| 31 | 31 | | care provider, occupying a room where a surgical procedure is |
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| 32 | 32 | | performed. The term includes equipment that is integrated with or |
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| 33 | 33 | | separate from the energy-generating device. |
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| 34 | 34 | | Sec. 222.062. SURGICAL SMOKE EVACUATION SYSTEM POLICY. (a) |
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| 35 | 35 | | A health care facility shall adopt and implement a policy to |
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| 36 | 36 | | mitigate an individual's exposure to surgical smoke through the use |
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| 37 | 37 | | of a surgical smoke evacuation system during each planned surgical |
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| 38 | 38 | | procedure in an operating room that is likely to generate surgical |
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| 39 | 39 | | smoke. |
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| 40 | 40 | | (b) A health care facility may use any surgical smoke |
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| 41 | 41 | | evacuation system that provides protection to patients and health |
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| 42 | 42 | | care providers, based on the types of surgical techniques and |
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| 43 | 43 | | procedures performed at the facility. |
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| 44 | 44 | | SECTION 2. Not later than January 1, 2024, a health care |
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| 45 | 45 | | facility shall adopt and implement the policy required by Section |
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| 46 | 46 | | 222.062, Health and Safety Code, as added by this Act. |
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| 47 | 47 | | SECTION 3. This Act takes effect September 1, 2023. |
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