2025 - 2026 LEGISLATURE
LRB-2073/1
JPC:cdc
September 29, 2025 - Introduced by Senator Cabral-Guevara, cosponsored by Representatives Gustafson, Goeben, Gundrum, Mursau and Sinicki. Referred to Committee on Health.
SB442,1,3
1An Act to create 50.36 (1r) of the statutes; relating to: requiring hospitals
2and ambulatory surgical centers to implement policies to prevent exposure to
3surgical smoke in operating rooms. Analysis by the Legislative Reference Bureau
This bill directs the Department of Health Services to require hospitals and ambulatory surgical centers to adopt and implement policies to prevent exposure to surgical smoke in operating rooms by requiring the use of a smoke evacuation procedure in the operating room during any surgical procedure that is likely to generate surgical smoke. This bill does not require the use of a smoke evacuation system if the health care provider who is engaging in the surgical procedure that is likely to generate surgical smoke concludes that using a smoke evacuation system in the operating room during the surgical procedure is not necessary or advisable under the circumstances. Under the bill, “surgical smoke” is defined to mean the gaseous byproduct produced by energy-generating devices including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, or lung-damaging dust. A smoke evacuation system is equipment that effectively captures and filters surgical smoke at the site of origin before the smoke makes contact with the eyes or respiratory tract of occupants in the room.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB442,1
1Section 1. 50.36 (1r) of the statutes is created to read: SB442,2,2250.36 (1r) (a) In this subsection: SB442,2,431. “Operating room” means a room used for the performance of surgical 4procedures requiring one or more incisions. SB442,2,752. “Smoke evacuation system” means equipment that effectively captures and 6filters surgical smoke at the site of origin before the smoke makes contact with the 7eyes or the respiratory tract of occupants in the room. SB442,2,1083. “Surgical smoke” means the gaseous byproduct produced by energy-9generating devices including surgical plume, smoke plume, bio-aerosols, laser-10generated airborne contaminants, or lung-damaging dust. SB442,2,1511(b) Except as provided in par. (c), the department shall require hospitals and 12ambulatory surgical centers, as defined in 42 CFR 416.2, to adopt and implement 13policies to prevent exposure to surgical smoke in operating rooms by requiring the 14use of a smoke evacuation system in the operating room during any surgical 15procedure that is likely to generate surgical smoke. SB442,2,1916(c) Paragraph (b) does not apply if a health care provider who is engaging in a 17surgical procedure that is likely to generate surgical smoke concludes that using a 18smoke evacuation system in the operating room during the surgical procedure is not 19necessary or advisable under the circumstances.
