House
Study
Bill
59
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
relating
to
the
elimination
of
surgical
smoke
by
1
hospitals,
critical
access
hospitals,
and
ambulatory
2
surgical
centers.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
NEW
SECTION
.
135Q.1
Smoke
evacuation
system
——
1
requirements.
2
1.
As
used
in
this
section,
unless
the
context
otherwise
3
requires:
4
a.
“Ambulatory
surgical
center”
means
an
outpatient
surgical
5
facility
as
defined
in
section
135.61.
6
b.
“Critical
access
hospital”
means
a
hospital
designated
as
7
a
critical
access
hospital
pursuant
to
42
U.S.C.
§1395i-4.
8
c.
“Department”
means
the
department
of
inspections
and
9
appeals.
10
d.
“Smoke
evacuation
system”
means
smoke
evacuators,
laser
11
plume
evacuators,
or
local
exhaust
ventilators
that
capture
and
12
neutralize
plume
at
the
site
of
origin
and
before
plume
can
13
make
ocular
contact
or
contact
with
the
respiratory
tract
of
a
14
person.
15
e.
“Surgical
smoke”
means
the
by-product
from
the
use
of
16
energy-generating
devices
including
surgical
plume,
smoke
17
plume,
bioaerosols,
laser-generated
airborne
contaminants,
and
18
lung-damaging
dust.
19
2.
In
order
to
protect
patients
and
health
care
workers
20
from
the
hazards
of
surgical
smoke,
the
following
entities
21
shall
adopt
policies
in
accordance
with
the
following
schedule
22
to
ensure
the
elimination
of
surgical
smoke
through
the
use
of
23
a
smoke
evacuation
system
for
each
procedure
that
generates
24
surgical
smoke
through
the
use
of
energy-based
devices
25
including
but
not
limited
to
electrosurgical
devices
and
26
lasers:
27
a.
An
ambulatory
surgical
center,
no
later
than
July
1,
28
2023.
29
b.
A
hospital
as
defined
in
section
135B.1,
with
the
30
exception
of
a
critical
access
hospital,
no
later
than
July
1,
31
2023.
32
c.
A
critical
access
hospital,
no
later
than
July
1,
2025.
33
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
34
to
administer
this
section.
35
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_____
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
requires
each
hospital,
critical
access
hospital,
4
and
ambulatory
surgical
center
in
the
state
to
adopt
policies
5
to
ensure
the
elimination
of
surgical
smoke
through
the
6
use
of
a
smoke
evacuation
system
for
each
procedure
that
7
generates
surgical
smoke
through
the
use
of
energy-based
8
devices
including
but
not
limited
to
electrosurgical
devices
9
and
lasers.
The
bill
defines
“ambulatory
surgical
center”,
10
“critical
access
hospital”,
“smoke
evacuation
system”,
and
11
“surgical
smoke”
for
the
purposes
of
the
bill
and
requires
the
12
department
of
inspections
and
appeals
to
adopt
administrative
13
rules
to
administer
the
bill.
14
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2