197.185.  Surgical smoke plume evacuation system — definitions — requirements. — 1.  For purposes of this section, the following terms mean:

  (1)  "Ambulatory surgical center", the same meaning given to the term in section 197.200;

  (2)  "Hospital", the same meaning given to the term in section 197.020;

  (3)  "Surgical smoke", the smoke that is generated from the use of a surgical device, including, but not limited to, surgical plume, smoke plume, bioaerosols, laser-generated airborne contaminants, and lung-damaging dust;

  (4)  "Surgical smoke plume evacuation system", equipment designed to capture, filter, and eliminate surgical smoke at the point of origin and before the surgical smoke makes contact with the eyes or contact with the respiratory tract of patients and staff occupying the room where a procedure that produces surgical smoke plume is being performed.

  2.  On or before January 1, 2026, each hospital and ambulatory surgical center accredited by the Joint Commission that performs procedures that produce surgical smoke plume shall adopt and implement policies and procedures required by the Joint Commission to ensure the evacuation of surgical smoke plume by use of a surgical smoke plume evacuation system for each procedure that generates surgical smoke plume from the use of energy-based devices, including, but not limited to, electrosurgery and lasers.

  3.  Any procedure that generates surgical smoke plume from the use of energy-based devices that is performed after December 31, 2025, in any hospital or ambulatory surgical center accredited by the Joint Commission shall be subject to the policies and procedures adopted under subsection 2 of this section.