PRIOR PRINTER'S NOS. 3090, 3246 PRINTER'S NO. 3443
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2283
Session of
2024
INTRODUCED BY KHAN, BONNER, WAXMAN, McNEILL, FRANKEL, HILL-
EVANS, SANCHEZ, ROZZI, KAUFFMAN, KENYATTA, NEILSON, JOZWIAK,
GILLEN, MAYES, CURRY AND GREEN, MAY 14, 2024
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 28, 2024
AN ACT
1 Amending the act of July 19, 1979 (P.L.130, No.48), entitled "An
2 act relating to health care; prescribing the powers and
3 duties of the Department of Health; establishing and
4 providing the powers and duties of the State Health
5 Coordinating Council, health systems agencies and Health Care
6 Policy Board in the Department of Health, and State Health
7 Facility Hearing Board in the Department of Justice;
8 providing for certification of need of health care providers
9 and prescribing penalties," in licensing of health care
10 facilities, providing for surgical smoke evacuation systems.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The act of July 19, 1979 (P.L.130, No.48), known
14 as the Health Care Facilities Act, is amended by adding a
15 section to read:
16 Section 809.3. Surgical smoke evacuation systems.
17 (a) General rule.--On or before January 1, 2025, or the date
18 that is 90 days after the effective date of this subsection,
19 whichever is later, an ambulatory surgical facility or hospital
20 shall adopt and implement policies to prevent exposure to
21 surgical smoke through the use of a smoke evacuation system for
 1 each procedure that generates surgical smoke.
2 (b) Compliance.--The department shall ensure compliance with <--
3 this section during any on-site inspection and in response to
4 any complaint received relating to a violation of this section.
5 (c) (B) Definitions.--As used in this section, the following <--
6 words and phrases shall have the meanings given to them in this
7 subsection unless the context clearly indicates otherwise:
8 "Smoke evacuation system." Smoke evacuation equipment and <--
9 technologies designed to capture, filter and remove surgical
10 smoke at the site of origin and to prevent surgical smoke from
11 making ocular contact or contact with the respiratory tract of
12 an individual.
13 "Surgical smoke." The surgical plume that is generated from
14 the use of an energy-generating surgical device. The term
15 includes smoke plume, bio-aerosols, laser-generated airborne
16 contaminants and lung damaging dust.
17 "SMOKE EVACUATION SYSTEM." SMOKE EVACUATION EQUIPMENT AND <--
18 TECHNOLOGIES THAT CAPTURE SURGICAL SMOKE SO THAT THE SURGICAL
19 SMOKE WILL NOT MAKE OCULAR CONTACT OR CONTACT WITH THE
20 RESPIRATORY TRACT OF AN INDIVIDUAL IN THE OPERATING ROOM.
21 "SURGICAL SMOKE." THE SURGICAL PLUME OR GASEOUS BYPRODUCT
22 THAT IS PRODUCED FROM THE INTERACTION OF TOOLS OR HEAT-PRODUCING
23 EQUIPMENT USED FOR DISSECTION AND HEMOSTASIS DURING SURGICAL OR
24 INVASIVE PROCEDURES.
25 Section 2. This act shall take effect immediately.
20240HB2283PN3443 - 2 -


Statutes/Laws affected:
Printer's No. 3090: P.L.130, No.48
Printer's No. 3246: P.L.130, No.48
Printer's No. 3443: P.L.130, No.48