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Bill

HD 1732

An Act protecting patients and healthcare workers from exposure to surgical smoke

194th Legislature (2025-2026) Introduced by Jo Comerford and 1 co-sponsor

Requires hospitals and ambulatory surgical facilities to use smoke evacuation systems to eliminate surgical smoke from energy-based procedures, with penalties for noncompliance.

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Bill Summary · HD 1732

Summary: HD 1732 — An Act protecting patients and healthcare workers from exposure to surgical smoke

Purpose and intent

  • To reduce exposure to surgical smoke for patients and healthcare workers by requiring the use of smoke evacuation systems during procedures that generate surgical smoke.
  • Establishes policy requirements for hospitals and freestanding ambulatory surgical facilities to adopt and implement practices that eliminate surgical smoke at the source.

Key provisions

  • New statutory section: Adds Section 245 to Chapter 111 of the General Laws.
  • Definitions:
    • “Smoke evacuation system”: Systems that effectively capture and neutralize surgical smoke at the site of origin (e.g., smoke evacuators, laser plume evacuators, or local exhaust ventilators) before contact with occupants.
    • “Surgical smoke”: By-products such as surgical plume, bio-aerosols, laser-generated contaminants, and other lung-damaging dust produced by energy-based devices.
  • Mandatory policy adoption:
    • All hospitals and freestanding ambulatory surgical facilities licensed under Chapter 111 must adopt policies to eliminate surgical smoke using a smoke evacuation system for procedures generating surgical smoke from energy-based devices (including electrosurgery and lasers).
  • Enforcement and penalties:
    • Violations are punishable by a fine of not less than $500 per violation.
  • Effective date:
    • Section 245 takes effect on January 1, 2026.
  • Reporting requirement:
    • By April 1, 2026, hospitals and freestanding ambulatory surgical centers must report to the Department of Public Health detailing the policies adopted to comply with Section 245.

Affected entities

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

Timeline and procedural notes

  • Introductory/filing context: Bill filed to add Section 245; associated bill numbers shown in the introductory materials.
  • Effective date: January 1, 2026.
  • Compliance reporting: Due by April 1, 2026.
  • Status: Not specified in the provided information; introduced for the 2025-2026 General Court session and pending legislative action.

Potential impact

  • Encourages or requires investment in smoke evacuation technology and related policies at licensed surgical facilities.
  • Aims to reduce occupational exposure to surgical smoke and potential associated health risks.
  • Creates a regulatory enforcement mechanism through minimum fines for noncompliance.

Notes

  • The bill focuses specifically on energy-based procedures (electrosurgery, lasers) and the resulting surgical smoke.
  • Details on implementation standards, training, and ongoing compliance monitoring may be addressed in agency guidance or future amendments.

Compiled from official sources — confirm details with the bill’s official record.

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