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: 4 TLSB 1275HV (2) 89 pf/rh

H.F. 783 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 -1- LSB 1275HV (2) 89 pf/rh 1/ 2

H.F. 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. 21 -2- LSB 1275HV (2) 89 pf/rh 2/ 2