[Second Reprint]

ASSEMBLY, No. 256

STATE OF NEW JERSEY

220th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION

 

 

Sponsored by:

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Assemblywoman  DEANNE C. DEFUCCIO

District 39 (Bergen and Passaic)

Assemblywoman  SHANIQUE SPEIGHT

District 29 (Essex)

 

Co-Sponsored by:

Assemblymen Benson, Conaway and Assemblywoman Murphy

 

 

 

 

SYNOPSIS

     Requires certain health care facilities to adopt and implement policies to prevent exposure to surgical smoke via use of smoke evacuation system.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Labor Committee on October 17, 2022, with amendments.

  


An Act concerning surgical smoke and supplementing Title 26 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.   As used in this section:

     "Health care facility" means a health care facility licensed by the Department of Health pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.)1.  “Health care facility” does not mean a long-term care facility 2[or],2 a provider of adult medical day care services2, home health agency licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.), or a psychiatric hospital2.

     2“Home health agency” means an entity licensed by the Department to provide preventive, rehabilitative, and therapeutic services to patients on a visiting basis in a place of residence used as a patient's home. All home health agencies shall provide at a minimum nursing, homemaker-home health aide, and physical therapy services and are eligible for Medicare-certification.2

     "Long-term care facility" means a nursing home, an assisted living residence, an assisted living program, a comprehensive personal care home, a residential health care facility, or a dementia care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

     "Provider of adult medical day care services" means an adult day health services facility licensed by the Department of Health, which provides preventive, diagnostic, therapeutic, and rehabilitative services under medical and nursing supervision to meet the needs of functionally impaired adult participants for a period of time that does not exceed 12 hours during any calendar day.1

     "Smoke evacuation system" means smoke evacuation equipment and technologies designed to capture, 1[neutralize] filter1, or eliminate surgical smoke at the site of origin and before the surgical smoke makes ocular contact or contact with the respiratory tract of an individual.

     "Surgical smoke" means the surgical plume that is generated from the use of an energy generating surgical device, and shall include, but shall not be limited to, smoke plume, bio-aerosols, laser-generated airborne contaminants, and lung damaging dust.

     b.    1[A] Each1 health care facility shall adopt and implement policies to prevent exposure to surgical smoke via use of a smoke evacuation system for each procedure that generates surgical smoke.

 

     2.    The Commissioner of Health shall adopt rules and regulations, in accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary to effectuate the provisions of this act.

 

     3.    This act shall take effect 1[immediately] 90 days after the date of enactment1.