Bill Text: TX SB490 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the adoption and implementation of a surgical smoke evacuation system policy at certain health care facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-22 - Filed [SB490 Detail]
Download: Texas-2025-SB490-Introduced.html
| 89R1435 MPF-F | ||
| By: Miles | S.B. No. 490 | |
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| relating to the adoption and implementation of a surgical smoke | ||
| evacuation system policy at certain health care facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 222, Health and Safety Code, is amended | ||
| by adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. SURGICAL SMOKE EVACUATION SYSTEM POLICY AT CERTAIN | ||
| HEALTH CARE FACILITIES | ||
| Sec. 222.061. DEFINITIONS. In this subchapter: | ||
| (1) "Health care facility" means: | ||
| (A) a hospital licensed under Chapter 241 or | ||
| maintained or operated by this state; and | ||
| (B) an ambulatory surgical center licensed under | ||
| Chapter 243. | ||
| (2) "Surgical smoke" means the gaseous by-product, | ||
| including surgical plume, smoke plume, bio-aerosols, | ||
| laser-generated airborne contaminants, or lung-damaging dust, | ||
| produced by an energy-generating device used in connection with a | ||
| surgical procedure. | ||
| (3) "Surgical smoke evacuation system" means | ||
| equipment that may be used to capture, filter, and remove surgical | ||
| smoke before the surgical smoke makes contact with the eyes or | ||
| respiratory tract of an individual, including a patient or health | ||
| care provider, occupying a room where a surgical procedure is | ||
| performed. The term includes equipment integrated with or | ||
| separated from the energy-generating device. | ||
| Sec. 222.062. SURGICAL SMOKE EVACUATION SYSTEM POLICY. (a) | ||
| A health care facility shall adopt and implement a policy to | ||
| mitigate an individual's exposure to surgical smoke through the use | ||
| of a surgical smoke evacuation system during each planned surgical | ||
| procedure that is performed in an operating room and is likely to | ||
| generate surgical smoke. | ||
| (b) A health care facility may use any surgical smoke | ||
| evacuation system that provides protection to patients and health | ||
| care providers, based on the types of surgical techniques and | ||
| procedures performed at the facility. | ||
| SECTION 2. Not later than January 1, 2026, a health care | ||
| facility, as that term is defined by Section 222.061, Health and | ||
| Safety Code, as added by this Act, shall adopt and implement the | ||
| policy required by Section 222.062, Health and Safety Code, as | ||
| added by this Act. | ||
| SECTION 3. This Act takes effect September 1, 2025. | ||
