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House File 783 - IntroducedA Bill ForAn Act 1relating to the elimination of surgical smoke by
2hospitals, critical access hospitals, and outpatient
3surgical centers.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135Q.1 Surgical smoke evacuation
2system — requirements.
31. As used in this section, unless the context otherwise
4requires:
5a. “Critical access hospital” means a hospital designated as
6a critical access hospital pursuant to 42 U.S.C. §1395i-4.
7b. “Department” means the department of inspections and
8appeals.
9c. “Hospital” means the same as defined in section 135B.1.
10d. “Outpatient surgical center” means the same as defined
11in section 135.61.
122. The department shall adopt rules pursuant to chapter
1317A to require the following entities in accordance with the
14following schedule to use surgical smoke evacuation systems to
15eliminate smoke produced by the use of energy-based devices
16including but not limited to electrosurgical devices and
17lasers:
18a. An outpatient surgical center, no later than December 31,
192022.
20b. A hospital, with the exception of a critical access
21hospital, no later than December 31, 2022.
22c. A critical access hospital, no later than December 31,
232023.
243. An outpatient surgical center, hospital, or critical
25access hospital that is unable to timely comply with the
26surgical smoke evacuation system requirements specified in
27subsection 2 may petition the department for an exemption from
28the requirements based upon economic hardship, limitations that
29the outpatient surgical center, hospital, or critical access
30hospital cannot control, or other exceptional circumstances.
31The department shall adopt rules establishing the form and
32specific information to be included in a request for an
33exemption and the specific criteria to be considered by the
34department in determining whether to approve a request for
35an exemption. The department may approve an exemption for a
-1-1period of time determined by the department, not to exceed
2one year from the date of approval, and the exemption may be
3annually renewed upon request subject to department approval.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill requires the department of inspections and appeals
8(DIA) to adopt administrative rules to require each outpatient
9surgical center, hospital, and critical access hospital to use
10a surgical smoke evacuation system to eliminate smoke produced
11through the use of energy-based devices including but not
12limited to electrosurgical devices and lasers in accordance
13with a time schedule specified in the bill. An outpatient
14surgical center, a hospital, or a critical access hospital that
15is unable to timely comply may petition DIA for an exemption.
16DIA shall adopt rules establishing the form to be used and
17specific information that must be included in a request for an
18exemption and the specific criteria to be considered for an
19exemption. An exemption period shall not exceed one year from
20the date of approval, and the exemption may be renewed annually
21upon request subject to DIA approval.
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2hospitals, critical access hospitals, and outpatient
3surgical centers.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 135Q.1 Surgical smoke evacuation
2system — requirements.
31. As used in this section, unless the context otherwise
4requires:
5a. “Critical access hospital” means a hospital designated as
6a critical access hospital pursuant to 42 U.S.C. §1395i-4.
7b. “Department” means the department of inspections and
8appeals.
9c. “Hospital” means the same as defined in section 135B.1.
10d. “Outpatient surgical center” means the same as defined
11in section 135.61.
122. The department shall adopt rules pursuant to chapter
1317A to require the following entities in accordance with the
14following schedule to use surgical smoke evacuation systems to
15eliminate smoke produced by the use of energy-based devices
16including but not limited to electrosurgical devices and
17lasers:
18a. An outpatient surgical center, no later than December 31,
192022.
20b. A hospital, with the exception of a critical access
21hospital, no later than December 31, 2022.
22c. A critical access hospital, no later than December 31,
232023.
243. An outpatient surgical center, hospital, or critical
25access hospital that is unable to timely comply with the
26surgical smoke evacuation system requirements specified in
27subsection 2 may petition the department for an exemption from
28the requirements based upon economic hardship, limitations that
29the outpatient surgical center, hospital, or critical access
30hospital cannot control, or other exceptional circumstances.
31The department shall adopt rules establishing the form and
32specific information to be included in a request for an
33exemption and the specific criteria to be considered by the
34department in determining whether to approve a request for
35an exemption. The department may approve an exemption for a
-1-1period of time determined by the department, not to exceed
2one year from the date of approval, and the exemption may be
3annually renewed upon request subject to department approval.
4EXPLANATION
5The inclusion of this explanation does not constitute agreement with
6the explanation’s substance by the members of the general assembly.
7This bill requires the department of inspections and appeals
8(DIA) to adopt administrative rules to require each outpatient
9surgical center, hospital, and critical access hospital to use
10a surgical smoke evacuation system to eliminate smoke produced
11through the use of energy-based devices including but not
12limited to electrosurgical devices and lasers in accordance
13with a time schedule specified in the bill. An outpatient
14surgical center, a hospital, or a critical access hospital that
15is unable to timely comply may petition DIA for an exemption.
16DIA shall adopt rules establishing the form to be used and
17specific information that must be included in a request for an
18exemption and the specific criteria to be considered for an
19exemption. An exemption period shall not exceed one year from
20the date of approval, and the exemption may be renewed annually
21upon request subject to DIA approval.
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