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No events on calendar for this bill.
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Representative Carla D. Cunningham(D)
Representative Donna McDowell White(R)
Representative Hugh Blackwell(R)
Representative Timothy Reeder, MD(R)
Representative Bill Ward(R)
Representative Tracy Clark(D)
Representative Cody Huneycutt(R)
Representative Neal Jackson(R)
Representative Tim Longest(D)
Representative Pricey Harrison(D)
Representative Mary Belk(D)
Representative Jonathan L. Almond(R)
Representative Gloristine Brown(D)
Representative Terry M. Brown Jr.(D)
Representative Becky Carney(D)
Representative Frances Jackson, PhD(D)
Representative Carolyn G. Logan(D)
Representative Howard Penny, Jr.(R)
Representative Renée A. Price(D)
Representative Phil Rubin(D)
Representative Mike Schietzelt(R)
Representative Paul Scott(R)
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Ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the HouseHouse2025-03-13Passed 1st ReadingHouse2025-03-13Filed
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FiledNo fiscal notes available.Edition 1No fiscal notes available.
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ALARM SYSTEMS; CLINICS; DHHS; HEALTH SERVICES; HOSPITALS; PUBLIC; SAFETY; SAFETY EQUIPMENT
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131E (Chapters); 131E-147.2
131E-78.4 (Sections)
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No counties specifically cited.
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H390: Alleviate the Dangers of Surgical Smoke. Latest Version
Session: 2025 - 2026
AN ACT establishing standards for surgical smoke evacuation in hospitals and ambulatory surgical facilities.
The General Assembly of North Carolina enacts:
SECTION 1. Part 2 of Article 5 of Chapter 131E of the General Statutes is amended by adding a new section to read:
§ 131E‑78.4. Hospital standards for surgical smoke evacuation.
(a) Definitions. – The following definitions apply in this section:
(1) Smoke evacuation/filtering system. – Stand‑alone, portable equipment that effectively captures, filters, and eliminates surgical smoke at the site of origin before the smoke makes contact with the eyes or respiratory tracts of occupants in the room. This equipment is not required to be interconnected to the hospital surgical ventilation or medical gas system.
(2) Surgical smoke. – The gaseous by‑product produced by energy‑generating devices, including surgical plume, smoke plume, bio‑aerosols, laser‑generated airborne contaminants, or lung‑damaging dust.
(b) Each hospital licensed under this Part shall adopt and implement policies that require the use of a smoke evacuation/filtering system during any surgical procedure that is likely to generate surgical smoke.
(c) Adverse Action. – The Department of Health and Human Services may take adverse action against a hospital under G.S. 131E‑78 for a violation of this section.
SECTION 2. Part 4 of Article 6 of Chapter 131E of the General Statutes is amended by adding a new section to read:
§ 131E‑147.2. Ambulatory surgical facility standards for surgical smoke evacuation.
(a) Definitions. – The following definitions apply in this section:
(1) Smoke evacuation/filtering system. – Equipment that effectively captures, filters, and eliminates surgical smoke at the site of origin before the smoke makes contact with the eyes or the respiratory tracts of occupants in the room. This equipment is not required to be interconnected to the ambulatory surgical ventilation or medical gas system.
(2) Surgical smoke. – The gaseous by‑product produced by energy‑generating devices, including surgical plume, smoke plume, bio‑aerosols, laser‑generated airborne contaminants, or lung‑damaging dust.
(b) Each ambulatory surgical facility licensed under this Part shall adopt and implement policies that require the use of a smoke evacuation/filtering system during any surgical procedure that is likely to generate surgical smoke.
(c) Adverse Action. – The Department of Health and Human Services may take adverse action against an ambulatory surgical facility under G.S. 131E‑148 for a violation of this section.
SECTION 3. This act becomes effective January 1, 2026.