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.
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.
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
