For purposes of this chapter:

(1) “Health-care employer” means a “hospital” as defined under § 1001 of this title or a “freestanding surgical center” as defined by § 122 of this title.

(2) “Smoke evacuation system” means equipment that effectively captures and filters surgical smoke at the site of origin before the smoke makes contact with the eyes or the respiratory tract of occupants in the room.

(3) “Surgical smoke” means the gaseous by-product produced by energy-generating devices including surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, or lung-damaging dust.

85 Del. Laws, c. 172, § 1; 

(a) On or before April 1, 2026, a health-care employer must adopt and implement policies that require the use of a smoke evacuation system during any surgical procedure that is likely to generate surgical smoke.

(b) The Division of Health Care Quality will enforce this section under its existing authority in § 122 and Chapter 10 of this title.

85 Del. Laws, c. 172, § 1;