This document includes House Floor Amendments incorporated into the bill on Fri, Feb 11, 2022 at 3:19 PM by pflowers.
Representative Rosemary T. Lesser proposes the following substitute bill:


1     
SURGICAL SMOKE EVACUATION SYSTEM REQUIREMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rosemary T. Lesser

5     
Senate Sponsor: Lincoln Fillmore

6     

7     LONG TITLE
8     General Description:
9          This bill requires certain facilities to develop policies regarding surgical smoke
10     evacuation.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     directs facilities that conduct surgeries that are likely to generate smoke to develop
15     policies to mitigate surgical smoke exposure;
16          ▸     requires the Department of Health to ensure compliance; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     ENACTS:
24          26-21-36, Utah Code Annotated 1953
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 26-21-36 is enacted to read:
28          26-21-36. Surgical smoke evacuation.
29          (1) As used in this section:
30          (a) "Smoke evacuation policy" means a policy to mitigate risks to any occupant in a
31     surgical suite from ocular or respiratory exposure to surgical smoke by using a surgical smoke
32     evacuation system for each planned surgical procedure that is likely to generate surgical smoke.
33          (b) "Surgical smoke" means the gaseous by-product produced by energy-generating
34     devices including surgical plume, smoke plume, bio-aerosols, laser-generated airborne
35     contaminants, or lung-damaging dust.
36          (c) "Surgical smoke evacuation system" means equipment designed to minimize and
37     control surgical smoke before the surgical smoke makes contact with the eyes or the respiratory
38     tract of any individual in the room.
39          Ĥ→ [(2) Beginning on July 1, 2023, a health care facility that conducts surgical procedures
40     that are likely to generate surgical smoke shall adopt and implement a smoke evacuation
41     policy.]
41a          (2) Beginning on July 1, 2023, any of the following facilities that conduct surgical
41b     procedures that are likely to generate surgical smoke shall adopt and implement a smoke
41c     evacuation policy:
41d          (a) an ambulatory surgical center;
41e          (b) a general acute hospital; or
41f          (c) a specialty hospital. ←Ĥ
42          (3) The department shall ensure a facility described in Subsection (2) has adopted and
43     implemented a smoke evacuation policy when:
44          (a) issuing a license to the facility;
45          (b) renewing a facility's license; and
46          (c) conducting an inspection of the facility.