Busy Year for Surgical Smoke Evacuation Legislation

Virginia Smoke Evacuation Legislation Headed to Governor Youngkin

Surgical smoke evacuation legislation is under consideration in 7 states so far in 2024, with the possibility for more states, like Delaware, to take on the issue.

AORN has joined forces with state nurses’ associations in Florida, North Carolina, and Virginia for surgical smoke evacuation legislation in 2024. In Florida, HB 63 has passed the full House and is moving through the state Senate. In North Carolina, HB 650 was introduced and passed the NC House of Representatives in 2023. The bill carries over to 2024 and is eligible for Senate approval. The NC legislature reconvenes in April for a short three-month session and should take up the issue then.

In Virginia, legislation is headed to Governor Youngkin for his signature and enactment. SB 537 passed the Senate on January 30 and passed the House on Tuesday, February 20. HB 763 passed the House on February 12 and is quickly moving through the Senate. The Virginia Nurses’ Association lobbyists expect both bills to be delivered to Governor Youngkin for signature in the coming days. The effective date of the legislation will be July 1, 2025, giving Virginia facilities over a year to attain compliance.

In Minnesota, HF 4011 and SF 3948 were introduced on Monday, February 19. Both bills will be heard in their chamber’s respective labor committees on Thursday, February 29. The Minnesota 2024 legislative session runs from February 12 to May 21, 2024.

AORN is working in Pennsylvania to get a companion bipartisan House smoke evacuation bill introduced this year. In 2023, Sen. Katie Muth introduced SB 378. A House bill would mirror the language in Sen. Muth’s bill and provide another avenue for bill passage.

In Massachusetts, AORN is working with state senators to identify bills which may be amended to include surgical smoke evacuation language from the two bills sent to study.

Finally, in West Virginia, Delegate Mallow introduced HB 4376 on January 10, and the bill passed the House with overwhelming support on January 31. The bill has been referred to the Senate Health and Human Resources Committee where it awaits a hearing. The legislature is scheduled to adjourn on March 9, 2024.

Do you want your state to be the next to go surgical smoke-free? Join AORN government affairs for a panel education session on Saturday, March 9, at AORN’s Global Surgical Conference & Expo in Nashville, TN. Details included below.

Don't Miss AORN Global Surgical Conference & Expo Education Session

(1009) Smoke Evacuation Legislation: A Marathon and a Sprint

Date: Saturday, March 9, 2024
Time: 11:45 AM – 12:45 PM CT
Room: Grand Ballroom B1