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A09974 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                     April 27, 2022
        Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
          Committee on Health
        AN ACT to amend the public health law, in relation to requiring  general
          hospitals  and  ambulatory  surgery  facilities to adopt and implement
          policies to prevent exposure to surgical smoke
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  public health law is amended by adding a new section
     2  2830 to read as follows:
     3    § 2830. Surgical smoke evacuation.  Every general hospital and ambula-
     4  tory surgery facility licensed under this article shall adopt and imple-
     5  ment policies to prevent exposure to surgical smoke through the  use  of
     6  an airborne contaminant evacuation system for each procedure that gener-
     7  ates  surgical  smoke.    This section does not apply to a facility that
     8  does not perform procedures that generate surgical  smoke.  As  used  in
     9  this  section,  "surgical  smoke" means the by-product that is generated
    10  from the use of an energy generating  surgical  device,  including,  but
    11  shall  not  be  limited  to,  surgical plume, smoke plume, bio-aerosols,
    12  laser-generated airborne contaminants, and lung damaging dust.  As  used
    13  in  this  section,  "airborne contaminant evacuation system" means smoke
    14  evacuation equipment and technologies designed to  capture,  filter  and
    15  remove  surgical  smoke  at  the  site of origin and before the surgical
    16  smoke makes ocular contact or contact with the respiratory tract of  any
    17  individual.
    18    § 2. This act shall take effect on the one hundred eightieth day after
    19  it  shall have become a law.  Effective immediately, the commissioner of
    20  health shall make regulations and take other actions  reasonably  neces-
    21  sary to implement this act on that date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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