Surgical Smoke Legislation Enacted in Delaware

Delaware is 20^th State to Go Surgical Smoke-Free

New law goes into effect April 1, 2026

On August 25, 2025, Delaware Governor Matt Meyer signed HB 173-1 into law, making Delaware the 20^th state to enact surgical smoke evacuation legislation.

The new law goes into effect on April 1, 2026, and requires health care employers – both hospitals and freestanding surgical centers – to adopt and implement policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke. The Division of Health Care Quality (DHQC) is responsible for enforcement of the new law.

The Delaware Nurses Association had a surgical smoke bill introduced by Rep. Melissa Minor-Brown, Speaker of the House, on May 20, 2025. The bill was heard in the House Health & Human Development Committee on June 24 at which time it was substituted for the enacted bill which clarifies the DHQC’s enforcement role.

“The safety of our nurses and health care personnel is a top priority of the Delaware Nurses Association. We are thrilled that the Delaware General Assembly passed, and Governor Meyer signed into law, House Bill 173 related to evacuation of surgical smoke. This is a critical step towards safety for our operating room staff,” said Christopher Otto, MSN, RN, CCRN, Executive Director of the Delaware Nurses Association.

AORN is grateful to the Delaware Nurses Association for making surgical smoke evacuation a legislative priority this year. AORN members in the state can find resources for implementing the new law on AORN’s website.