HSB 504 (LSB 5653YC (4) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON HARRIS)

A BILL FOR

An Act relating to the elimination of surgical smoke by hospitals, critical access hospitals, and ambulatory surgical centers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135S.1  Smoke evacuation system —— requirements.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Ambulatory surgical center” means an outpatient surgical facility as defined in section 135.61.
   b.  “Critical access hospital” means a hospital designated as a critical access hospital pursuant to 42 U.S.C. §1395i-4.
   c.  “Department” means the department of inspections, appeals, and licensing.
   d.  “Smoke evacuation system” means smoke evacuators, laser plume evacuators, or local exhaust ventilators that capture and filter surgical smoke at the site of origin before the surgical smoke can make ocular contact or contact with the respiratory tract of a person.
   e.  “Surgical smoke” means the by-product from the use of energy-generating devices including surgical plume, smoke plume, bioaerosols, laser-generated airborne contaminants, and lung-damaging dust.
   2.  The department shall adopt rules pursuant to chapter 17A to require the following entities to adopt policies on or before January 1, 2027, to ensure the elimination of surgical smoke through the use of a smoke evacuation system for each procedure that generates surgical smoke through the use of energy-based devices including but not limited to electrosurgical devices and lasers:
   a.  An ambulatory surgical center.
   b.  A hospital as defined in section 135B.1.
   c.  A critical access hospital.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the department of inspections, appeals, and licensing (DIAL) to adopt rules that require each hospital, critical access hospital, and ambulatory surgical center in the state to adopt policies to ensure the elimination of surgical smoke through the use of a smoke evacuation system for each procedure that generates surgical smoke through the use of energy-based devices including but not limited to electrosurgical devices and lasers.
   The bill defines “ambulatory surgical center”, “critical access hospital”, “smoke evacuation system”, and “surgical smoke” for the purposes of the bill.