House Study Bill 59 - IntroducedA Bill ForAn Act 1relating to the elimination of surgical smoke by
2hospitals, critical access hospitals, and ambulatory
3surgical centers.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  135Q.1  Smoke evacuation system —
2requirements.
   31.  As used in this section, unless the context otherwise
4requires:
   5a.  “Ambulatory surgical center” means an outpatient surgical
6facility as defined in section 135.61.
   7b.  “Critical access hospital” means a hospital designated as
8a critical access hospital pursuant to 42 U.S.C. §1395i-4.
   9c.  “Department” means the department of inspections and
10appeals.
   11d.  “Smoke evacuation system” means smoke evacuators, laser
12plume evacuators, or local exhaust ventilators that capture and
13neutralize plume at the site of origin and before plume can
14make ocular contact or contact with the respiratory tract of a
15person.
   16e.  “Surgical smoke” means the by-product from the use of
17energy-generating devices including surgical plume, smoke
18plume, bioaerosols, laser-generated airborne contaminants, and
19lung-damaging dust.
   202.  In order to protect patients and health care workers
21from the hazards of surgical smoke, the following entities
22shall adopt policies in accordance with the following schedule
23to ensure the elimination of surgical smoke through the use of
24a smoke evacuation system for each procedure that generates
25surgical smoke through the use of energy-based devices
26including but not limited to electrosurgical devices and
27lasers:
   28a.  An ambulatory surgical center, no later than July 1,
292023.
   30b.  A hospital as defined in section 135B.1, with the
31exception of a critical access hospital, no later than July 1,
322023.
   33c.  A critical access hospital, no later than July 1, 2025.
   343.  The department shall adopt rules pursuant to chapter 17A
35to administer this section.
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1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
   4This bill requires each hospital, critical access hospital,
5and ambulatory surgical center in the state to adopt policies
6to ensure the elimination of surgical smoke through the
7use of a smoke evacuation system for each procedure that
8generates surgical smoke through the use of energy-based
9devices including but not limited to electrosurgical devices
10and lasers. The bill defines “ambulatory surgical center”,
11“critical access hospital”, “smoke evacuation system”, and
12“surgical smoke” for the purposes of the bill and requires the
13department of inspections and appeals to adopt administrative
14rules to administer the bill.
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