Health facilities: other; surgical smoke plume evacuation plan; require, the official text

Act No. 47

Public Acts of 2026

Approved by the Governor

July 21, 2026

Filed with the Secretary of State

July 23, 2026

EFFECTIVE
DATE: July 23, 2026

state of michigan

103rd Legislature

Regular session of 2026

Introduced by Rep. Wendzel

ENROLLED HOUSE BILL No. 4779

AN ACT to amend 1978 PA 368,
entitled “An act to protect and promote the public health; to codify, revise,
consolidate, classify, and add to the laws relating to public health; to
provide for the prevention and control of diseases and disabilities; to provide
for the classification, administration, regulation, financing, and maintenance
of personal, environmental, and other health services and activities; to create
or continue, and prescribe the powers and duties of, departments, boards,
commissions, councils, committees, task forces, and other agencies; to
prescribe the powers and duties of governmental entities and officials; to
regulate occupations, facilities, and agencies affecting the public health; to
regulate health maintenance organizations and certain third party
administrators and insurers; to provide for the imposition of a regulatory fee;
to provide for the levy of taxes against certain health facilities or agencies;
to promote the efficient and economical delivery of health care services, to
provide for the appropriate utilization of health care facilities and services,
and to provide for the closure of hospitals or consolidation of hospitals or
services; to provide for the collection and use of data and information; to
provide for the transfer of property; to provide certain immunity from
liability; to regulate and prohibit the sale and offering for sale of drug
paraphernalia under certain circumstances; to provide for the implementation of
federal law; to provide for penalties and remedies; to provide for sanctions
for violations of this act and local ordinances; to provide for an
appropriation and supplements; to repeal certain acts and parts of acts; to
repeal certain parts of this act; and to repeal certain parts of this act on
specific dates,” (MCL 333.1101 to 333.25211) by adding section 20187.

The People of the State of
Michigan enact:

Sec.
20187. (1) Beginning 1 year after the effective date of the amendatory act that
added this section, a health facility or agency that provides a surgical
procedure using heat-producing equipment that is likely to generate surgical
smoke plume shall develop and implement a policy that requires the use of a
surgical smoke plume evacuation system during a procedure described in this
subsection.

(2) As used in this section:

(a)
“Surgical procedure using heat-producing equipment” means any of the following:

(i) A procedure that
uses an electric current to cut, remove, or destroy tissue and control
bleeding.

(ii) A procedure using
a laser.

(iii) Any other
procedure that uses heat-generating surgical instruments.

(b)
“Surgical smoke plume” means a vapor, gas, or harmful particle produced as a
byproduct of a surgical procedure using heat-producing equipment.

(c)
“Surgical smoke plume evacuation system” means a dedicated device that is
designed to capture, transport, filter, and neutralize surgical smoke plume at
the site of origin and before surgical smoke plume can make ocular contact or
contact with the respiratory tract of an individual.

This act is ordered to take
immediate effect.

Clerk of the House of
Representatives

Secretary of the Senate

Approved___________________________________________

____________________________________________________

Governor