SB 89 — AN ACT CONCERNING SURGICAL SMOKE.

Senate General Assembly RaisedFile Bill No.

8984 February Session, 2022 LCOSubstitute Senate Bill No.

111589 ReferredSenate, toMarch 23, 2022 The Committee on PUBLICPublic HEALTHHealth Introducedreported by:through SEN.

(PH)DAUGHERTY ANABRAMS ACTof CONCERNINGthe SURGICAL13th SMOKE.Dist., Chairperson of the Committee on the part of the Senate, that the substitute bill ought to pass.

AN ACT CONCERNING SURGICAL SMOKE.

(2) "Outpatient surgical facility" means any entity, individual, firm, partnership, corporation, limited liability company or association, other than a hospital, licensed pursuant to chapter 368v of the general statutes to engage in providing surgical services or diagnostic procedures for human health conditions that include the use of moderate or deep sedation, moderate or deep analgesia or general anesthesia, as such levels of anesthesia are defined from time to time by the American SocietyofAnesthesiologists,orbysuchother professionalorprofessionaloraccrediting accreditingsSB89 entity/ recognizedFile byNo. the Department of Public Health;

(3)84 "Surgical1 smoke"sSB89 meansFile the by-product of the use of an energy- LCO No.

111584 1entity ofrecognized 3by Raisedthe BillDepartment No.89of generatingPublic deviceHealth; during surgery, including, but not limited to, surgical plume, smoke plume, bioaerosols, laser-generated airborne contaminants and lung-damaging dust;

(3) "Surgical smoke" means the by-product of the use of an energy- generating device during surgery, including, but not limited to, surgical plume, smoke plume, bioaerosols, laser-generated airborne contaminants and lung-damaging dust.

"Surgical smoke" does not include the by-product of the use of an energy-generating device during a gastroenterological or ophthalmic procedure, which by-product is not emitted into the operating room during surgery;

Not later than October 1, 2023, each hospital and outpatient facility shall implement such policy andand, reportupon torequest, theprovide Departmenta copy of Publicsuch Healthpolicy regardingto the implementationDepartment of suchPublic policy.Health.

(c) Not later than January 1, 2024, the Commissioner of Public Health shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to public health regarding each hospital's and outpatient surgical facility's policy regarding the use of a surgical smoke evacuation system and the implementation by each hospital and outpatient surgical facility of such policy.

Section 1 July 1, 2022 New section StatementPH ofJoint Purpose:Favorable Subst.

TosSB89 require/ hospitalsFile andNo. outpatient surgical facilities to adopt and implement a policy to prevent human exposure to surgical smoke through the use of a surgical smoke evacuation system.

LCO84 2 sSB89 File No.

111584 2The offollowing 3Fiscal RaisedImpact Statement and Bill No.Analysis are prepared for the benefit of the members of the General Assembly, solely for purposes of information, summarization and explanation and do not represent the intent of the General Assembly or either chamber thereof for any purpose.

89In [Proposedgeneral, deletionsfiscal impacts are enclosedbased inupon brackets.a variety of informational sources, including the analyst’s professional knowledge.

ProposedWhenever additionsapplicable, areagency indicateddata byis underline,consulted exceptas thatpart whenof the entireanalysis, texthowever offinal aproducts billdo ornot resolutionnecessarily orreflect aan sectionassessment offrom aany billspecific ordepartment. resolution is new, it is not underlined.] LCO No.

1115OFA 3Fiscal ofNote 3State Impact:

None Municipal Impact:

None Explanation The bill, which requires hospitals and certain outpatient surgical facilities to develop and implement a policy regarding a surgical smoke evacuation system, results in no fiscal impact to the state.

The University of Connecticut Health Center has such a system in all applicable spaces and therefore no additional resources will be necessary to either develop or implement the policy.

The Out Years State Impact:

None Municipal Impact:

None sSB89 / File No.

84 3 sSB89 File No.

84 OLR Bill Analysis sSB 89 AN ACT CONCERNING SURGICAL SMOKE.

SUMMARY This bill requires each licensed hospital and outpatient surgical facility, by January 1, 2023, to develop a policy for using a surgical smoke evacuation system to prevent exposure to surgical smoke.

By October 1, 2023, these facilities must implement the policy and, upon request, provide a copy to the Department of Public Health.

Underthebill,“surgicalsmoke”istheby-productofusinganenergy- generating device during surgery, such as surgical or smoke plume, bioaerosols, laser-generated airborne contaminants, or lung-damaging dust.

But the term excludes by-products produced during gastroenterological or ophthalmic procedures which are not emitted into the operating room during surgery.

A “surgical smoke evacuation system” is a system, such as a smoke or laser plume evacuator or local exhaust ventilator, that captures and neutralizes surgical smoke (1) at the smoke’s site of origin and (2) before the smoke contacts the eyes or respiratory tract of anyone in an operating room during surgery.

EFFECTIVE DATE:

July 1, 2022 COMMITTEE ACTION Public Health Committee Joint Favorable Substitute Yea 31 Nay 0 (03/11/2022) sSB89 / File No.

84 4