An Act protecting patients and health care workers from exposure to surgical smoke

194th Legislature (2025-2026) Introduced by Mike Brady and 2 co-sponsors

Requires hospitals and ambulatory surgical centers to use smoke evacuation systems for procedures that generate surgical smoke, with penalties and a reporting deadline.

House concurred

SD 673 — An Act protecting patients and health care workers from exposure to surgical smoke

Status: House concurred
Introduced: February 27, 2025
Filed in Senate: January 14, 2025 (Senate Docket No. 673)
Committee action: Referred to Public Health; House concurred

Purpose and overall intent

This bill aims to reduce exposure to surgical smoke for patients and health care workers by requiring the use of smoke evacuation systems during procedures that generate surgical smoke. It sets definitions, mandates policy adoption by licensed facilities, establishes penalties for noncompliance, and creates reporting requirements to the Department of Public Health (DPH).

Key provisions

Definitions (Section 245(a))

“Smoke evacuation system” means devices such as smoke evacuators, laser plume evacuators, or local exhaust ventilators that capture and neutralize surgical smoke at the source before contact with the eyes or respiratory tract.
“Surgical smoke” includes by-products from tissue interaction with energy devices (e.g., electrosurgery, lasers), such as smoke plume, bioaerosols, laser-generated contaminants, and related lung-damaging dust.

Mandatory policies (Section 245(b))

All hospitals and freestanding ambulatory surgical facilities licensed in Massachusetts must adopt policies to eliminate surgical smoke using a smoke evacuation system for any procedure that generates surgical smoke from energy-based devices (including electrosurgery and lasers).

Enforcement and penalties (Section 245(c))

Violations of the policy requirements are punishable by a fine of at least $500 per violation.

Effective date (Section 2(a))

The new section (Section 245) takes effect on January 1, 2026.

Reporting requirement (Section 2(b))

By April 1, 2026, hospitals and freestanding ambulatory surgical centers must report to the DPH detailing the policies they have adopted to comply with Section 245.

Affected entities

Hospitals and freestanding ambulatory surgical facilities licensed under Chapter 111 of the General Laws in Massachusetts.

Impact and considerations

Public health impact: Aims to reduce inhalation exposure to surgical smoke for staff and patients through mandatory use of smoke evacuation technology.

Operational impact: Facilities will need to implement or upgrade smoke evacuation policies and ensure availability of appropriate equipment during procedures that generate surgical smoke.

Financial impact: Potential costs associated with acquiring and maintaining smoke evacuation systems; penalties set a floor of $500 per violation to deter noncompliance.

Compliance timeline: Requires policy adoption by the effective date (Jan 1, 2026) and submission of compliance reporting to DPH by April 1, 2026.

Legislative status and context

Similar proposals have been filed in prior sessions (e.g., Senate No. 1332 in 2023-2024).

The bill progressed to the House, where it received concurrence, reflecting alignment between the Senate and House versions.