Bill Text: IA HF783 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the elimination of surgical smoke by hospitals, critical access hospitals, and outpatient surgical centers.(Formerly HSB 59.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2021-03-23 - Subcommittee recommends passage. [HF783 Detail]
Download: Iowa-2021-HF783-Introduced.html
House
File
783
-
Introduced
HOUSE
FILE
783
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
59)
A
BILL
FOR
An
Act
relating
to
the
elimination
of
surgical
smoke
by
1
hospitals,
critical
access
hospitals,
and
outpatient
2
surgical
centers.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
135Q.1
Surgical
smoke
evacuation
1
system
——
requirements.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Critical
access
hospital”
means
a
hospital
designated
as
5
a
critical
access
hospital
pursuant
to
42
U.S.C.
§1395i-4.
6
b.
“Department”
means
the
department
of
inspections
and
7
appeals.
8
c.
“Hospital”
means
the
same
as
defined
in
section
135B.1.
9
d.
“Outpatient
surgical
center”
means
the
same
as
defined
10
in
section
135.61.
11
2.
The
department
shall
adopt
rules
pursuant
to
chapter
12
17A
to
require
the
following
entities
in
accordance
with
the
13
following
schedule
to
use
surgical
smoke
evacuation
systems
to
14
eliminate
smoke
produced
by
the
use
of
energy-based
devices
15
including
but
not
limited
to
electrosurgical
devices
and
16
lasers:
17
a.
An
outpatient
surgical
center,
no
later
than
December
31,
18
2022.
19
b.
A
hospital,
with
the
exception
of
a
critical
access
20
hospital,
no
later
than
December
31,
2022.
21
c.
A
critical
access
hospital,
no
later
than
December
31,
22
2023.
23
3.
An
outpatient
surgical
center,
hospital,
or
critical
24
access
hospital
that
is
unable
to
timely
comply
with
the
25
surgical
smoke
evacuation
system
requirements
specified
in
26
subsection
2
may
petition
the
department
for
an
exemption
from
27
the
requirements
based
upon
economic
hardship,
limitations
that
28
the
outpatient
surgical
center,
hospital,
or
critical
access
29
hospital
cannot
control,
or
other
exceptional
circumstances.
30
The
department
shall
adopt
rules
establishing
the
form
and
31
specific
information
to
be
included
in
a
request
for
an
32
exemption
and
the
specific
criteria
to
be
considered
by
the
33
department
in
determining
whether
to
approve
a
request
for
34
an
exemption.
The
department
may
approve
an
exemption
for
a
35
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783
period
of
time
determined
by
the
department,
not
to
exceed
1
one
year
from
the
date
of
approval,
and
the
exemption
may
be
2
annually
renewed
upon
request
subject
to
department
approval.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
requires
the
department
of
inspections
and
appeals
7
(DIA)
to
adopt
administrative
rules
to
require
each
outpatient
8
surgical
center,
hospital,
and
critical
access
hospital
to
use
9
a
surgical
smoke
evacuation
system
to
eliminate
smoke
produced
10
through
the
use
of
energy-based
devices
including
but
not
11
limited
to
electrosurgical
devices
and
lasers
in
accordance
12
with
a
time
schedule
specified
in
the
bill.
An
outpatient
13
surgical
center,
a
hospital,
or
a
critical
access
hospital
that
14
is
unable
to
timely
comply
may
petition
DIA
for
an
exemption.
15
DIA
shall
adopt
rules
establishing
the
form
to
be
used
and
16
specific
information
that
must
be
included
in
a
request
for
an
17
exemption
and
the
specific
criteria
to
be
considered
for
an
18
exemption.
An
exemption
period
shall
not
exceed
one
year
from
19
the
date
of
approval,
and
the
exemption
may
be
renewed
annually
20
upon
request
subject
to
DIA
approval.
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