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A09974 Summary:

BILL NOA09974
 
SAME ASSAME AS S08869
 
SPONSORGottfried
 
COSPNSRBraunstein, Galef, McDonough
 
MLTSPNSRByrnes
 
Add §2830, Pub Health L
 
Requires general hospitals and ambulatory surgery facilities to adopt and implement policies to prevent exposure to by-products generated from the use of an energy generating surgical device, including, but not limited to, surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, and lung damaging dust through use of an airborne contaminant evacuation system.
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A09974 Actions:

BILL NOA09974
 
04/27/2022referred to health
05/10/2022reported referred to rules
05/17/2022reported
05/17/2022rules report cal.253
05/17/2022ordered to third reading rules cal.253
05/17/2022passed assembly
05/17/2022delivered to senate
05/17/2022REFERRED TO RULES
05/25/2022SUBSTITUTED FOR S8869
05/25/20223RD READING CAL.1461
05/25/2022PASSED SENATE
05/25/2022RETURNED TO ASSEMBLY
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A09974 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9974
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to requiring general hospitals and ambulatory surgery facilities to adopt and implement poli- cies to prevent exposure to surgical smoke   PURPOSE: To require the use of airborne contaminants evacuation systems in oper- ating rooms.   SUMMARY OF PROVISIONS: A new section 2830 is added to the Public Health Law to require hospi- tals and ambulatory surgical centers to use airborne contaminants evacu- ation systems that protect patients and staff from lung damage and other health risks that may result from airborne surgical contaminants.   JUSTIFICATION: Innovations in surgical techniques have dramatically increased the expo- sure surgeons, nurses, anesthesiologists, and surgical technologists have to laser and electrosurgical, smoke. Surgical plumes contain carbon monoxide, polyaromatic hydrocarbons, and a variety of trace toxic gases that have the potential for adverse health impacts, such as muta- genic and carcinogenic impacts. Surgical plumes can produce upper respiratory irritation and have in-vitro mutagenic potential. Exposure to high concentrations of smoke may cause ocular and upper respiratory tract irritation and create visual problems for the perioperative team.   FISCAL IMPACT: None.   LEGISLATIVE HISTORY: New bill.   EFFECTIVE DATE: 180 days after becoming a law.
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A09974 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9974
 
                   IN ASSEMBLY
 
                                     April 27, 2022
                                       ___________
 
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
 
        AN ACT to amend the public health law, in relation to requiring  general
          hospitals  and  ambulatory  surgery  facilities to adopt and implement
          policies to prevent exposure to surgical smoke
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  2830 to read as follows:
     3    § 2830. Surgical smoke evacuation.  Every general hospital and ambula-
     4  tory surgery facility licensed under this article shall adopt and imple-
     5  ment policies to prevent exposure to surgical smoke through the  use  of
     6  an airborne contaminant evacuation system for each procedure that gener-
     7  ates  surgical  smoke.    This section does not apply to a facility that
     8  does not perform procedures that generate surgical  smoke.  As  used  in
     9  this  section,  "surgical  smoke" means the by-product that is generated
    10  from the use of an energy generating  surgical  device,  including,  but
    11  shall  not  be  limited  to,  surgical plume, smoke plume, bio-aerosols,
    12  laser-generated airborne contaminants, and lung damaging dust.  As  used
    13  in  this  section,  "airborne contaminant evacuation system" means smoke
    14  evacuation equipment and technologies designed to  capture,  filter  and
    15  remove  surgical  smoke  at  the  site of origin and before the surgical
    16  smoke makes ocular contact or contact with the respiratory tract of  any
    17  individual.
    18    § 2. This act shall take effect on the one hundred eightieth day after
    19  it  shall have become a law.  Effective immediately, the commissioner of
    20  health shall make regulations and take other actions  reasonably  neces-
    21  sary to implement this act on that date.
 
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15410-01-2
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