Kentucky 2021 Regular Session Status: Enacted 1 R cosponsors

SB 38 — AN ACT relating to surgical smoke evacuation.

Last action — signed by Governor (Acts Ch. 57)

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced October 30, 2020. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

58 added · 74 removed

58 line(s) added, 74 removed.

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UNOFFICIAL COPY 21 RS SB 38/GA AN ACT relating to surgical smoke evacuation.
CHAPTER 57 1 CHAPTER 57 ( SB 38 ) AN ACT relating to surgical smoke evacuation.
(a) "Energy generating device" means any tool that performs a surgical function using heat, laser, electricity, or another form of energy;
(a) "Energy-generating device" means any tool that performs a surgical function using heat, laser, electricity, or another form of energy;
and (c) "Surgical smoke" means the by-product, including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, and other lung-damaging dust, that results from contact with tissue by an energy generating device.
and (c) "Surgical smoke" means the by-product, including surgical plume, smoke plume, bio-aerosols, laser- generated airborne contaminants, and other lung-damaging dust, that results from contact with tissue by an energy-generating device.
(2) On or before January 1, 2022, in order to protect operating room nurses, operating room personnel, and patients from the hazards of surgical smoke, the cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A requiring a health facility licensed under this chapter that utilizes energy generating devices to make use of a smoke evacuation system during any surgical procedure that is likely to produce surgical smoke.
(2) On or before January 1, 2022, in order to protect operating room nurses, operating room personnel, and patients from the hazards of surgical smoke, the cabinet shall promulgate administrative regulations in accordance with KRS Chapter 13A requiring a health facility licensed under this chapter that utilizes energy-generating devices to make use of a smoke evacuation system during any surgical procedure that is likely to produce surgical smoke.
(1) Any person who, in willful violation of this chapter, operates a health facility or abortion facility without first obtaining a license or continues to operate a health facility or abortion facility after a final decision suspending or revoking a license shall be fined not less than five hundred dollars ($500) nor more than ten thousand Page 1 of 3 SB003810.100 - 441 - XXXX GA UNOFFICIAL COPY 21 RS SB 38/GA dollars ($10,000) for each violation.
(1) Any person who, in willful violation of this chapter, operates a health facility or abortion facility without first obtaining a license or continues to operate a health facility or abortion facility after a final decision suspending or revoking a license shall be fined not less than five hundred dollars ($500) nor more than ten thousand dollars ($10,000) for each violation.
In addition, any violation of any provision of this chapter regarding abortion facilities or any administrative regulation related thereto by intent, fraud, deceit, unlawful design, willful and deliberate misrepresentation, or by careless, negligent, or incautious disregard for the statute or administrative regulation, either by persons acting individually or in concert with others, shall Page 2 of 3 SB003810.100 - 441 - XXXX GA UNOFFICIAL COPY 21 RS SB 38/GA constitute a violation and shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each offense.
In addition, any violation of any provision of this chapter regarding abortion facilities or any administrative regulation related thereto by intent, fraud, deceit, unlawful design, willful and deliberate misrepresentation, or by careless, negligent, or incautious disregard for the statute or administrative regulation, either by persons acting individually or in concert with others, shall constitute a violation and shall be punishable by a fine not to exceed one thousand dollars ($1,000) for each offense.
(7) Any hospital acting by or through its agents or employees that violates any provision of KRS 216B.150 shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation.
Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (7) Any hospital acting by or through its agents or employees that violates any provision of KRS 216B.150 shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500) for each violation.
Page 3 of 3 SB003810.100 - 441 - XXXX GA
Signed by Governor March 22, 2021.
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Action History

  1. signed by Governor (Acts Ch. 57)

  2. delivered to Governor

  3. enrolled, signed by Speaker of the House

  4. enrolled, signed by President of the Senate

  5. received in Senate

  6. 3rd reading, passed 91-2

  7. posted for passage in the Regular Orders of the Day for Thursday, March 11, 2021

  8. 2nd reading, to Rules

  9. reported favorably, 1st reading, to Calendar

  10. posted in committee

  11. to Health & Family Services (H)

  12. to Committee on Committees (H)

  13. received in House

  14. 3rd reading, passed 35-0

  15. posted for passage in the Regular Orders of the Day for Wednesday, February 3, 2021

  16. 2nd reading, to Rules

  17. reported favorably, 1st reading, to Calendar

  18. to Health & Welfare (S)

  19. to Committee on Committees (S)

  20. introduced in Senate

  21. Prefiled by the sponsor(s).

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 137 not signed on · 2 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (137)

137 members have not signed on to this bill.

Show all 137 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Pass

Passed 91 Yea · 2 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 50200
Unaffiliated 36004
Democrat 5003
Total 91207
% of votes cast 91%2%0%7%
How each member voted (100)
Member Party Vote
Meeks — Yea
Santoro — Yea
Bechler — Yea
Fischer — Yea
Meredith — Yea
Bentley — Yea
Sheldon — Yea
Jenkins — Yea
Smith — Yea
Flood — Yea
Thomas — Yea
Koenig — Yea
Palumbo — Yea
Timoney — Yea
Goforth — Yea
Pratt — Yea
Burch — Yea
Prunty — Yea
Webber — Yea
Graham — Yea
Raymond — Yea
Cantrell — Yea
Massey — Yea
Westrom — Yea
Wheatley — Yea
Dixon — Yea
Hatton — Yea
McCoy — Yea
Donohue — Yea
Heath — Yea
Rowland — Yea
Carney — Not Voting
Minter — Not Voting
Scott — Not Voting
DuPlessis — Not Voting
Huff R — Yea
Kirk McCormick — Yea
Miller C — Yea
Miller J — Yea
Stevenson C — Yea
Al Gentry Democrat Yea
Ashley Tackett Laferty Democrat Yea
George Brown Jr. Democrat Yea
Lisa Willner Democrat Yea
Mary Lou Marzian Democrat Not Voting
Nima Kulkarni Democrat Not Voting
Pamela Stevenson Democrat Not Voting
Tina Bojanowski Democrat Yea
Aaron Reed Republican Yea
Adam Bowling Republican Yea
Bill Wesley Republican Yea
Bobby McCool Republican Yea
Chris Freeland Republican Yea
Chris Fugate Republican Yea
DJ Johnson Republican Yea
Daniel Elliott Republican Yea
Daniel Fister Republican Yea
David Hale Republican Yea
David Meade Republican Yea
David W. Osborne Republican Yea
Deanna Gordon Republican Yea
Derek Lewis Republican Yea
Felicia Rabourn Republican Nay
James Tipton Republican Yea
Jason Nemes Republican Yea
Jason Petrie Republican Yea
Jennifer Decker Republican Yea
Jim Gooch Jr. Republican Yea
John Blanton Republican Yea
Josh Branscum Republican Yea
Josh Bray Republican Yea
Josh Calloway Republican Yea
Ken Fleming Republican Yea
Ken Upchurch Republican Yea
Kim Banta Republican Yea
Kim King Republican Yea
Kimberly Poore Moser Republican Yea
Mark Hart Republican Yea
Mary Beth Imes Republican Yea
Matt Lockett Republican Yea
Matthew Koch Republican Yea
Myron Dossett Republican Yea
Nancy Tate Republican Yea
Patrick Flannery Republican Yea
Randy Bridges Republican Yea
Richard White Republican Yea
Ryan Dotson Republican Yea
Samara Heavrin Republican Yea
Savannah Maddox Republican Nay
Scott Lewis Republican Yea
Scott Sharp Republican Yea
Shane Baker Republican Yea
Shawn McPherson Republican Yea
Steve Bratcher Republican Yea
Steve Riley Republican Yea
Steven Rudy Republican Yea
Suzanne Miles Republican Yea
T.J. Roberts Republican Yea
Thomas Huff Republican Yea
William Lawrence Republican Yea

Official roll call →

PASS SB 38

Passed 35 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 17002
Republican 16001
Democrat 2000
Total 35003
% of votes cast 92%0%0%8%
How each member voted (38)
Member Party Vote
Alvarado — Yea
Hornback — Yea
Turner — Yea
Schickel — Yea
Buford — Yea
Kerr — Yea
Schroder — Yea
Smith — Yea
Westerfield — Yea
Meredith — Yea
Southworth — Yea
Castlen — Yea
Embry — Yea
Thayer — Yea
Yates — Yea
Parrett — Yea
Thomas — Yea
McGarvey — Not Voting
Harper Angel — Not Voting
Gerald A. Neal Democrat Yea
Karen Berg Democrat Yea
Brandon J. Storm Republican Yea
Christian McDaniel Republican Yea
Danny Carroll Republican Yea
David P. Givens Republican Yea
Jared Carpenter Republican Yea
Jason Howell Republican Yea
Jason Nemes Republican Yea
Jimmy Higdon Republican Yea
Julie Raque Adams Republican Yea
Max Wise Republican Yea
Mike Wilson Republican Yea
Phillip Wheeler Republican Yea
Rick Girdler Republican Not Voting
Robby Mills Republican Yea
Robert Stivers Republican Yea
Robin L. Webb Republican Yea
Stephen West Republican Yea

Official roll call →

Subjects

healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 38?
SB 38 is sponsored by Julie Raque Adams (Republican).
What is the current status of SB 38?
This bill has been enacted into law. Introduced October 30, 2020. Enacted.
Where can I track SB 38?
Track SB 38 free on One Click Politics — get push/email alerts when it moves.

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