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