Bill Text: TX HB4365 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB4365 Detail]
Download: Texas-2023-HB4365-Comm_Sub.html
| 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 | ||
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| 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. | ||
