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Bill

Bill

HB 173

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SURGICAL SMOKE.

153rd General Assembly (2025-2026) Introduced by Spiros Mantzavinos and 4 co-sponsors

Delaware requires surgical facilities to implement smoke evacuation systems and protocols to protect operating room personnel from occupational exposure to surgical plume hazards.

Signed by Governor
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Bill Summary · HB 173

Legislative bill overview

HB 173 amends Delaware's medical code to establish requirements for managing surgical smoke—the plume created during surgical procedures using electrosurgical devices, lasers, or other cutting instruments. The bill mandates healthcare facilities implement controls to protect operating room staff and patients from exposure to this occupational hazard.

Why is this important

Surgical smoke contains potentially harmful substances including blood particles, viruses, bacteria, and toxic gases that accumulate in operating rooms where staff work daily. The Occupational Safety and Health Administration (OSHA) and medical organizations have identified surgical smoke as a workplace hazard, yet many facilities lack formal protection protocols, leaving surgical staff at risk for chronic respiratory issues and other health complications.

Potential points of contention

  • Implementation costs: Healthcare facilities must invest in smoke evacuation equipment, training, and system maintenance, potentially increasing operational expenses during budget constraints
  • Compliance burden: Smaller surgical centers or outpatient facilities may face disproportionate difficulties meeting new regulatory requirements compared to large hospital systems
  • Specificity of standards: The bill's effectiveness depends on whether the regulatory language provides clear, achievable benchmarks or creates ambiguity in what constitutes adequate smoke management

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

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