Florida Senate - 2026                              CS for SB 162
       
       
        
       By the Appropriations Committee on Health and Human Services;
       and Senator Davis
       
       
       
       
       603-03209-26                                           2026162c1
    1                        A bill to be entitled                      
    2         An act relating to protection from surgical smoke;
    3         creating s. 395.1013, F.S.; defining the terms “smoke
    4         evacuation system” and “surgical smoke”; requiring
    5         hospitals and ambulatory surgical centers, by a
    6         specified date, to adopt and implement policies to
    7         prevent patients and personnel from being exposed to
    8         harmful surgical smoke; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 395.1013, Florida Statutes, is created
   13  to read:
   14         395.1013 Smoke evacuation systems required.—
   15         (1) As used in this section, the term:
   16         (a) “Smoke evacuation system” means equipment that
   17  effectively captures and filters surgical smoke before the smoke
   18  makes contact with the eyes or respiratory tracts of occupants
   19  in the room.
   20         (b) “Surgical smoke” means the gaseous byproduct produced
   21  by energy-generating devices, such as lasers and electrosurgical
   22  devices. The term includes, but is not limited to, surgical
   23  plume, smoke plume, bioaerosols, laser-generated airborne
   24  contaminants, and lung-damaging dust.
   25         (2) By January 1, 2027, each licensed facility shall adopt
   26  and implement policies to prevent patients and personnel from
   27  being exposed to surgical smoke that is deemed a health risk and
   28  demonstrated by medical evidence as causing harm, including by
   29  using a smoke evacuation system or any other appropriate measure
   30  during any surgical procedure that is likely to generate
   31  surgical smoke.
   32         Section 2. This act shall take effect July 1, 2026.