THE SENATE	S.B. NO.	393
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

relating to Hospitals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that surgical smoke refers to the vapor inside an operating room that is created during a surgical procedure. Tools used during a surgical procedure, including lasers or electrosurgical devices, produce aerosolized chemicals that can be harmful to inhale, according to the National Institute for Occupational Safety and Health. Surgical smoke may contain chemicals such as benzene and formaldehyde. Studies report that exposure to these chemicals can produce a range of debilitating effects, including migraines, nausea, and irritation of the eyes or nose.

The legislature further finds that data suggests that each year roughly five hundred thousand health care professionals are exposed to hazardous chemicals produced during surgical operations. Surgical smoke affects health care workers such as surgeons, nurses, and anesthesiologists, exposing them to respiratory issues and long-term health risks. Patients and support staff in health care facilities may also be affected by inhalation. As a result, eighteen states have enacted surgical smoke evacuation mandate laws, including Minnesota, Virginia, and West Virginia.

Accordingly, the purpose of this Act is to require any hospital with an operating room licensed by the department of health to adopt and implement policies to prevent exposure to surgical smoke.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Surgical smoke evacuation system; definitions. (a) No later than July 1, 2026, any hospital with an operating room licensed pursuant to section 321-14.5 shall adopt and implement policies to prevent exposure to surgical smoke by using a smoke evacuation system for each procedure that generates surgical smoke. The department shall ensure compliance with this section during any onsite inspection and in response to any complaint received relating to a violation of this section.

(b) For the purposes of this section:

"Smoke evacuation system" means smoke evacuation equipment and technologies designed to capture, filter, and remove surgical smoke at the site of origin and to prevent surgical smoke from making ocular contact or contact with a person's respiratory tract.

"Surgical smoke" means the surgical plume that is generated from the use of an energy-generating surgical device, including a smoke plume, bio-aerosol, laser-generated airborne contaminant, and lung-damaging dust."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

DOH; Hospitals; Surgical Smoke; Smoke Evacuation System

Description:

Requires any hospital with an operating room licensed by the Department of Health to adopt and implement policies to prevent exposure to surgical smoke.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.