Assembly Bill A9974

2021-2022 Legislative Session

Requires general hospitals and ambulatory surgery facilities to adopt and implement policies to prevent exposure to surgical smoke

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A9974 (ACTIVE) - Details

See Senate Version of this Bill:
S8869
Law Section:
Public Health Law
Laws Affected:
Add §2830, Pub Health L

2021-A9974 (ACTIVE) - Summary

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.

2021-A9974 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9974
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section  1.  The  public health law is amended by adding a new section
 2830 to read as follows:
   § 2830. SURGICAL SMOKE EVACUATION.  EVERY GENERAL HOSPITAL AND AMBULA-
 TORY SURGERY FACILITY LICENSED UNDER THIS ARTICLE SHALL ADOPT AND IMPLE-
 MENT POLICIES TO PREVENT EXPOSURE TO SURGICAL SMOKE THROUGH THE  USE  OF
 AN AIRBORNE CONTAMINANT EVACUATION SYSTEM FOR EACH PROCEDURE THAT GENER-
 ATES  SURGICAL  SMOKE.    THIS SECTION DOES NOT APPLY TO A FACILITY THAT
 DOES NOT PERFORM PROCEDURES THAT GENERATE SURGICAL  SMOKE.  AS  USED  IN
 THIS  SECTION,  "SURGICAL  SMOKE" MEANS THE BY-PRODUCT THAT IS GENERATED
 FROM THE USE OF AN ENERGY GENERATING  SURGICAL  DEVICE,  INCLUDING,  BUT
 SHALL  NOT  BE  LIMITED  TO,  SURGICAL PLUME, SMOKE PLUME, BIO-AEROSOLS,
 LASER-GENERATED AIRBORNE CONTAMINANTS, AND LUNG DAMAGING DUST.  AS  USED
 IN  THIS  SECTION,  "AIRBORNE CONTAMINANT EVACUATION SYSTEM" MEANS SMOKE
 EVACUATION EQUIPMENT AND TECHNOLOGIES DESIGNED TO  CAPTURE,  FILTER  AND
 REMOVE  SURGICAL  SMOKE  AT  THE  SITE OF ORIGIN AND BEFORE THE SURGICAL
 SMOKE MAKES OCULAR CONTACT OR CONTACT WITH THE RESPIRATORY TRACT OF  ANY
 INDIVIDUAL.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law.  Effective immediately, the commissioner of
 health shall make regulations and take other actions  reasonably  neces-
 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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