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 TLSB 1275YC (2) 89 pf/rh
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 -1- LSB 1275YC (2) 89 pf/rh 1/ 2
H.F. _____ 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 -2- LSB 1275YC (2) 89 pf/rh 2/ 2