Every general hospital and ambulatory surgery facility licensed under this article shall adopt and implement policies to prevent exposure to surgical smoke through the use of an airborne contaminant evacuation system for each procedure that generates surgical smoke. This section does not apply to a facility that does not perform procedures that generate surgical smoke. As used in this section, "surgical smoke" means the by-product that is generated from the use of an energy generating surgical device, including, but shall not be limited to, surgical plume, smoke plume, bio-aerosols, laser-generated airborne contaminants, and lung damaging dust. As used in this section, "airborne contaminant evacuation system" means smoke evacuation equipment and technologies designed to capture, filter and remove surgical smoke at the site of origin and before the surgical smoke makes ocular contact or contact with the respiratory tract of any individual.
N.Y. Pub. Health Law § 2830