HB 27 — An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, in licensing of health care facilities, providing for surgical smoke evacuation systems.

PRINTER'S NO.   8

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 27
                                               Session of
                                                 2025

     INTRODUCED BY KHAN, BONNER, GUENST, CEPEDA-FREYTIZ, SANCHEZ,
        HANBIDGE, PIELLI, MALAGARI, HADDOCK AND HILL-EVANS,
        JANUARY 8, 2025

     REFERRED TO COMMITTEE ON HEALTH, JANUARY 8, 2025


                                    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)   Mitigation.--On or before January 1, 2026, 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 mitigate exposure to
21   surgical smoke through the use of a smoke evacuation system for
 1   each procedure that generates surgical smoke. Development of the
 2   surgical smoke mitigation policy shall be in consultation with
 3   the entire surgical team at the facility. The surgical smoke
 4   mitigation policy shall be such that the facility may select any
 5   smoke evacuation system that accounts for surgical techniques
 6   and procedures vital to patient safety and considers the safety
 7   of those individuals working in the operating room.
 8      (b)   Definitions.--As used in this section, the following
 9   words and phrases shall have the meanings given to them in this
10   subsection unless the context clearly indicates otherwise:
11      "Smoke evacuation system."    Equipment and technologies that
12   capture surgical smoke in order to mitigate the effects of the
13   surgical smoke on the ocular and respiratory tracts of the
14   occupants of the operating room.
15      "Surgical smoke."   The surgical plume or gaseous byproduct
16   that is produced from the interaction of tools or heat-producing
17   equipment used for dissection and hemostasis during surgical or
18   invasive procedures.
19      Section 2.   This act shall take effect immediately.




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