HB513 - Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.

  89R1435 MPF-F     By: Johnson, Simmons, Howard H.B. No. 513       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 integrated with or   separated 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 that is performed in an operating room and 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, 2026, a health care   facility, as that term is defined by Section 222.061, Health and   Safety Code, as added by this Act, 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, 2025.