101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3753

 

Introduced 2/14/2020, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
110 ILCS 330/8d new
210 ILCS 5/6.9 new
210 ILCS 85/6.28 new

    Amends the University of Illinois Hospital Act, the Ambulatory Surgical Treatment Center Act, and the Hospital Licensing Act. Requires hospitals organized under the University of Illinois Hospital Act or licensed under the Hospital Licensing Act and ambulatory surgical treatment centers licensed under the Ambulatory Surgical Treatment Center Act to: adopt policies to ensure the elimination of surgical smoke by use of a surgical smoke evacuation system for each procedure that generates surgical smoke from the use of energy-based devices, including electrosurgery and lasers; and report to the Department of Public Health within 90 days after the amendatory Act's effective date that the policies have been adopted.


LRB101 20050 CPF 69581 b

 

 

A BILL FOR

 

SB3753LRB101 20050 CPF 69581 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The University of Illinois Hospital Act is
5amended by adding Section 8d as follows:
 
6    (110 ILCS 330/8d new)
7    Sec. 8d. Surgical smoke evacuation system.
8    (a) In this Section:
9    "Department" means the Department of Public Health.
10    "Surgical smoke" means the by-product of use of
11energy-generating devices, including, but not limited to,
12surgical plume, smoke plume, bio-aerosols, laser-generated
13airborne contaminants, and lung-damaging dust.
14    "Surgical smoke evacuation system" means smoke evacuators,
15laser plume evacuators, or local exhaust ventilators that
16capture and neutralize plume at the site of origin and before
17plume can make ocular contact or contact with the respiratory
18tract of employees.
19    (b) To protect patients and health care workers from the
20hazards of surgical smoke, the University of Illinois Hospital
21shall adopt policies to ensure the elimination of surgical
22smoke by use of a surgical smoke evacuation system for each
23procedure that generates surgical smoke from the use of

 

 

SB3753- 2 -LRB101 20050 CPF 69581 b

1energy-based devices, including, but not limited to,
2electrosurgery and lasers.
3    (c) The University of Illinois Hospital shall report to the
4Department within 90 days after the effective date of this
5amendatory Act of the 101st General Assembly that policies
6under subsection (b) of this Section have been adopted.
 
7    Section 10. The Ambulatory Surgical Treatment Center Act is
8amended by adding Section 6.9 as follows:
 
9    (210 ILCS 5/6.9 new)
10    Sec. 6.9. Surgical smoke evacuation system.
11    (a) In this Section:
12    "Surgical smoke" means the by-product of use of
13energy-generating devices, including, but not limited to,
14surgical plume, smoke plume, bio-aerosols, laser-generated
15airborne contaminants, and lung-damaging dust.
16    "Surgical smoke evacuation system" means smoke evacuators,
17laser plume evacuators, or local exhaust ventilators that
18capture and neutralize plume at the site of origin and before
19plume can make ocular contact or contact with the respiratory
20tract of employees.
21    (b) To protect patients and health care workers from the
22hazards of surgical smoke, an ambulatory surgical treatment
23center licensed under this Act shall adopt policies to ensure
24the elimination of surgical smoke by use of a surgical smoke

 

 

SB3753- 3 -LRB101 20050 CPF 69581 b

1evacuation system for each procedure that generates surgical
2smoke from the use of energy-based devices, including, but not
3limited to, electrosurgery and lasers.
4    (c) An ambulatory surgical treatment center licensed under
5this Act shall report to the Department within 90 days after
6the effective date of this amendatory Act of the 101st General
7Assembly that policies under subsection (b) of this Section
8have been adopted.
 
9    Section 15. The Hospital Licensing Act is amended by adding
10Section 6.28 as follows:
 
11    (210 ILCS 85/6.28 new)
12    Sec. 6.28. Surgical smoke evacuation system.
13    (a) In this Section:
14    "Surgical smoke" means the by-product of use of
15energy-generating devices, including, but not limited to,
16surgical plume, smoke plume, bio-aerosols, laser-generated
17airborne contaminants, and lung-damaging dust.
18    "Surgical smoke evacuation system" means smoke evacuators,
19laser plume evacuators, or local exhaust ventilators that
20capture and neutralize plume at the site of origin and before
21plume can make ocular contact or contact with the respiratory
22tract of employees.
23    (b) To protect patients and health care workers from the
24hazards of surgical smoke, a hospital licensed under this Act

 

 

SB3753- 4 -LRB101 20050 CPF 69581 b

1shall adopt policies to ensure the elimination of surgical
2smoke by use of a surgical smoke evacuation system for each
3procedure that generates surgical smoke from the use of
4energy-based devices, including, but not limited to,
5electrosurgery and lasers.
6    (c) A hospital licensed under this Act shall report to the
7Department within 90 days after the effective date of this
8amendatory Act of the 101st General Assembly that policies
9under subsection (b) of this Section have been adopted.