Iowa SF 48: A bill for an act establishing a multiple sclerosis support fund and authorizing lottery games to benefit persons with multiple sclerosis.

Bill Text

Senate
File
48
-
Introduced

SENATE
FILE
48

BY
LOFGREN
,
SALMON
,
SHIPLEY
,

ALONS
,
KRAAYENBRINK
,

ROWLEY
,
EVANS
,
TAYLOR
,

GRUENHAGEN
,
CAMPBELL
,
and

KLIMESH

A
BILL
FOR

An
Act
relating
to
the
reporting
of
serious
reportable
events,
1

and
providing
penalties.
2

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3

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Section
1.
NEW
SECTION
.
135S.1
Definitions.
1

As
used
in
this
chapter,
unless
the
context
otherwise
2

requires:
3

1.
“Department”
means
the
department
of
inspections,
4

appeals,
and
licensing.
5

2.
“Director”
means
the
director
of
inspections,
appeals,
6

and
licensing,
or
the
director’s
designee.
7

3.
“Facility”
means
a
hospital
as
defined
in
section
135B.1,
8

an
ambulatory
surgical
center
as
defined
in
section
135R.1,
or
9

a
pregnancy
resource
center.
10

4.
“Health
care
professional”
means
an
individual
licensed
11

under
chapter
148
to
practice
medicine
and
surgery
or
12

osteopathic
medicine
and
surgery,
a
physician
assistant
13

licensed
under
chapter
148C,
a
podiatrist
licensed
under
14

chapter
149,
an
advanced
registered
nurse
practitioner
licensed
15

under
chapter
152,
an
advanced
practice
registered
nurse
under
16

chapter
152E,
or
a
pharmacist
licensed
under
chapter
155A.
17

5.
“Pregnancy
resource
center”
means
a
nonprofit
entity
18

that
provides
pregnancy
support
services
as
defined
in
section
19

217.41C.
20

6.
“Serious
injury”
means
any
of
the
following:
21

a.
A
physical
or
mental
impairment
that
substantially
limits
22

one
or
more
of
the
major
life
activities
of
an
individual
or
a
23

loss
of
bodily
function,
if
the
impairment
or
loss
lasts
more
24

than
seven
days
or
is
still
present
at
the
time
of
discharge
25

from
an
inpatient
health
care
facility.
26

b.
The
loss
of
a
body
part.
27

7.
“Surgery
or
other
invasive
procedure”
includes
the
28

treatment
of
disease,
injury,
or
deformity
by
manual
or
29

operative
methods,
including
invasive
testing.
30

Sec.
2.
NEW
SECTION

.
135S.2
Facility
reporting
31

requirements.
32

1.
a.
Each
facility
shall
report
to
the
director
the
33

occurrence
of
an
applicable
serious
reportable
event
described
34

in
this
section
as
soon
as
is
reasonably
and
practicably
35

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possible,
but
no
later
than
fifteen
working
days
after
1

discovery
of
the
event.
2

b.
The
report
shall
be
filed
in
a
format
specified
by
3

the
director
and
shall
identify
the
facility
but
shall
not
4

include
any
identifying
information
for
any
of
the
health
care
5

professionals,
facility
employees,
or
patients
involved.
6

c.
The
director
may
consult
with
experts
and
organizations
7

familiar
with
patient
safety
when
developing
the
format
for
8

reporting
and
in
further
defining
serious
reportable
events
in
9

order
to
be
consistent
with
industry
standards.
10

2.
Serious
reportable
events
under
this
section
include
all
11

of
the
following:
12

a.
Surgical
events
including
all
of
the
following:
13

(1)
Surgery
or
other
invasive
procedure
performed
on
a
wrong
14

body
part
that
is
inconsistent
with
the
documented
informed
15

consent
for
that
patient.
Serious
reportable
events
under
this
16

subparagraph
do
not
include
situations
requiring
prompt
action
17

that
occur
in
the
course
of
surgery
or
situations
whose
urgency
18

precludes
obtaining
informed
consent.
19

(2)
Surgery
or
other
invasive
procedure
performed
on
the
20

wrong
patient.
21

(3)
The
wrong
surgery
or
other
invasive
procedure
performed
22

on
a
patient
that
is
inconsistent
with
the
documented
informed
23

consent
for
that
patient.
Serious
reportable
events
under
this
24

subparagraph
do
not
include
situations
requiring
prompt
action
25

that
occur
in
the
course
of
surgery
or
situations
whose
urgency
26

precludes
obtaining
informed
consent.
27

(4)
Retention
of
a
foreign
object
in
a
patient
after
surgery
28

or
other
invasive
procedure,
excluding
objects
intentionally
29

implanted
as
part
of
a
planned
intervention
and
objects
present
30

prior
to
surgery
that
are
intentionally
retained.
31

(5)
Death
during
or
immediately
after
surgery
or
other
32

invasive
procedure
of
a
normal,
healthy
patient
who
has
no
33

organic,
physiologic,
biochemical,
or
psychiatric
disturbance
34

and
for
whom
the
pathologic
processes
for
which
the
operation
35

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is
to
be
performed
are
localized
and
do
not
entail
a
systemic
1

disturbance.
2

b.
Product
or
device
events
including
all
of
the
following:
3

(1)
Death
or
serious
injury
of
a
patient
associated
with
the
4

use
of
contaminated
drugs,
devices,
or
biologics
provided
by
5

the
facility
when
the
contamination
is
the
result
of
generally
6

detectable
contaminants
in
drugs,
devices,
or
biologics
7

regardless
of
the
source
of
the
contamination
or
the
product.
8

(2)
Death
or
serious
injury
of
a
patient
associated
with
the
9

use
or
function
of
a
device
in
patient
care
in
which
the
device
10

is
used
or
functions
other