First Forum Update: Smoke Evacuation Legislation Success

Publish Date: March 21, 2022

At least 12 states are considering surgical smoke evacuation legislation this year, with a proposed rule expected out of the Texas Health and Human Services Commission later in 2022.

Building on the success of 2021, this year looks to usher in a wave of new surgical smoke evacuation legislation:

• Washington Gov. Jay Inslee is expected to sign HB 1779 no later than April 2.
• Arizona HB 2434 was delivered to Gov. Doug Ducey on March 18 for his signature, which is expected before the end of March.
• The Connecticut Public Health Committee – composed of both representatives and senators – voted unanimously for SB 89. AORN worked with the hospital association and the ambulatory surgery association to address some concerns in the original bill and all now support it moving forward.
• The Georgia General Assembly has seen surgical smoke evacuation legislation introduced each year since 2020, with much progress this year. SB 573 passed the Senate on March 15 and is now under consideration in the House Health and Human Services Committee. The Georgia legislature will adjourn by the end of March.

Additional states considering surgical smoke evacuation bills this year include Utah, Iowa, Missouri, Pennsylvania, Ohio, West Virginia, and New Jersey. The Utah and West Virginia legislatures have adjourned for 2022; New legislation will need to be introduced in 2023 in those states. Legislation has been drafted in New York and will be introduced in the coming weeks.

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