2017 -- H 5324 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HEALTH AND SAFETY - LICENSING OF HEALTH CARE FACILITIES

     Introduced By: Representatives McNamara, Morin, Messier, McLaughlin, and Bennett

     Date Introduced: February 01, 2017

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-17 of the General Laws entitled "Licensing of Health-Care

Facilities" is hereby amended by adding thereto the following section:

     23-17-49.1. Workplace and patient safety - evacuation of surgical smoke plume

required in operating rooms.

     (a) As used in this section, the following definitions shall apply:

      (1) "Smoke evacuation system" means smoke evacuators, laser plume evacuators, plume

scavengers, and local exhaust ventilators that capture and neutralize plume at the site of origin

and before plume can make ocular contact or contact with the respiratory tract of employees.

     (2) "Surgical smoke" means the by-product of use of energy-generating devices including

surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, and lung-

damaging dust.

     (b) In order to protect patient and health workers from the hazards of surgical smoke,

each hospital and freestanding ambulatory surgical facility licensed in the state of Rhode Island

pursuant to this chapter shall adopt policies to ensure the elimination of surgical smoke by use of

a smoke evacuation system for each procedure that generates surgical smoke from the use of

energy-based devices such as but not limited to electrosurgery and lasers.

     (c) Each hospital and freestanding ambulatory surgical center shall report to the

department of health within ninety days (90) of the effective date of this act that policies pursuant

to this section have been adopted.

     SECTION 2. This act shall take effect on January 1, 2018.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY - LICENSING OF HEALTH CARE FACILITIES

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     This act would require all hospitals and freestanding ambulatory surgical facilities

licensed in this state to adopt policies to use a smoke evacuation system for surgical procedures

that generate surgical smoke.

     This act would take effect on January 1, 2018.

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