Current Amendment: 1 to Bill 5164
Senator Graham proposes the following amendment (LC-5164.VR0002S):
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
SECTION X.A. Chapter 7, Title 44 of the S.C. Code is amended by adding:
Section 44-7-387. (A) As used in this section:
(1) "Surgical smoke" means the gaseous by-product produced by energy-generating devices such as lasers and electrosurgical devices. The term includes, but is not limited to, surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, or lung-damaging dust.
(2) "Smoke evacuation system" means equipment that effectively captures and filters surgical smoke before the smoke makes contact with the eyes or the respiratory tract of occupants in the room.
(3) "Licensed facility" means a hospital or ambulatory surgical facility as defined in Section 44-7-130.
(B) A licensed facility must adopt and implement policies to mitigate exposure to surgical smoke by utilizing a smoke evacuation system or other appropriate measure during any surgical procedure that is likely to generate surgical smoke.
B. This SECTION takes effect on July 1, 2027, except that for the following hospitals this SECTION takes effect January 1, 2028:
(1) hospitals certified as critical access hospitals pursuant to 42 U.S.C. Section 1395i-4;
(2) hospitals with fewer than fifty acute care beds in operation;
(3) hospitals certified by the Centers for Medicare and Medicaid Services as sole community hospitals;
(4) hospitals that qualify as a Medicare dependent hospital; and
(5) hospitals with six or fewer operating rooms.
Amend the bill further, by striking SECTION 2 and inserting:
SECTION 2. This act takes effect upon approval by the Governor
, except as provided otherwise in the SECTION adding Section 44-7-387.
Renumber sections to conform.
Amend title to conform.