(a)As used in this section:
(1)“Hospital” means an establishment licensed pursuant to chapter 368v for the lodging, care and treatment of persons suffering from disease or other abnormal physical or mental conditions;
(2)“Outpatient surgical facility” means any entity, individual, firm, partnership, corporation, limited liability company or association, other than a hospital, licensed pursuant to chapter 368v to engage in providing surgical services or diagnostic procedures for human health conditions that include the use of moderate or deep sedation, moderate or deep analgesia or general anesthesia, as such levels of anesthesia are defined from time to time by the American Society of Anesthesiologists, or by such other professional or accrediting entity recognized by the Department of
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(a) As used in this section: (1) “Hospital” means an establishment licensed pursuant to chapter 368v for the lodging, care and treatment of persons suffering from disease or other abnormal physical or mental conditions; (2) “Outpatient surgical facility” means any entity, individual, firm, partnership, corporation, limited liability company or association, other than a hospital, licensed pursuant to chapter 368v to engage in providing surgical services or diagnostic procedures for human health conditions that include the use of moderate or deep sedation, moderate or deep analgesia or general anesthesia, as such levels of anesthesia are defined from time to time by the American Society of Anesthesiologists, or by such other professional or accrediting entity recognized by the Department of Public Health; (3) “Surgical smoke” means the by-product of the use of an energy-generating device during surgery, including, but not limited to, surgical plume, smoke plume, bioaerosols, laser-generated airborne contaminants and lung-damaging dust. “Surgical smoke” does not include the by-product of the use of an energy-generating device during a gastroenterological or ophthalmic procedure, which by-product is not emitted into the operating room during surgery; and (4) “Surgical smoke evacuation system” means a system, including, but not limited to, a smoke evacuator, laser plume evacuator or local exhaust ventilator that captures and neutralizes surgical smoke (A) at the site of origin of such surgical smoke, and (B) before the surgical smoke makes contact with the eyes or respiratory tract of any person in an operating room during surgery. (b) Not later than January 1, 2024, each hospital and outpatient surgical facility shall develop a policy for the use of a surgical smoke evacuation system to prevent a person's exposure to surgical smoke. Not later than January 1, 2024, each hospital and outpatient facility shall implement such policy and, upon request, provide a copy of such policy to the Department of Public Health.