OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 104 Bill Analysis
135th General Assembly
Click here for H.B. 104’s Fiscal Note
Version: As Introduced
Primary Sponsor: Rep. Robb Blasdel
Effective date:
Jason Hoskins, Attorney
SUMMARY
 Requires ambulatory surgical facilities and hospitals to adopt and implement policies
designed to prevent human exposure to surgical smoke during planned surgical
procedures.
DETAILED ANALYSIS
Regulation of surgical smoke
The bill requires ambulatory surgical facilities and hospitals offering surgical services to
adopt and implement policies designed to prevent human exposure to surgical smoke during
planned surgical procedures likely to generate such smoke.1 “Surgical smoke” is defined by the
bill as the airborne byproduct of an energy-generating device used in a surgical procedure,
including smoke plume, bioaerosols, gases, laser-generated contaminants, and dust.2
The policy, which must be in place not later than one year after the bill’s effective date,
must include the use of a surgical smoke evacuation system.3 The system required by the bill is
described as equipment designed to capture, filter, and eliminate surgical smoke at the point of
origin, before the smoke makes contact with the eyes or respiratory tract of an individual.4
1 R.C. 3702.3012 and 3727.25.
2 R.C. 3727.25(A)(1).
3 R.C. 3702.3012(B) and 3727.25(B).
4 R.C. 3727.25(A)(2).
April 28, 2023
Office of Research and Drafting LSC Legislative Budget Office
The Director of Health is authorized by the bill to adopt rules to implement the bill’s
requirements. The rules must be adopted in accordance with the Administrative Procedure Act
(R.C. Chapter 119).5
HISTORY
Action Date
Introduced 03-14-23
ANHB0104IN-135/tl
5 R.C. 3702.3012(C) and 3727.25(C).
P a g e |2 H.B. 104
As Introduced