West Virginia HB 4376 Enacted

16th State Enacts Smoke Evacuation Legislation

On March 22, 2024, Governor Justice signed HB 4376 into law, making West Virginia the 16th state to enact surgical smoke evacuation legislation. The new law will require the Office of the Inspector General to propose rules for legislative approval that will require a health care facility to utilize a smoke evacuation system during any procedure likely to generate surgical smoke.

Said Dawn Yost, West Virginia State Council chair, “Delegate Mallow has championed the issue of surgical smoke evacuation since he first introduced legislation in 2022. We are grateful for his advocacy and persistence and look forward to January 1, 2025, when all facilities will need to evacuate surgical smoke.”

Under the new law, any health facility in violation of the state’s surgical smoke evacuation requirement is subject to a fine of $1000 to $5000 for each violation.