General Assembly: 75 (1993 Regular GA) - Chapter 108 - Hospital privileges


Published: 1993-05-06

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CH. 107 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION 220

subject to criminal liability by reason of having issued or executed the orders, and are not liable for civil damages for acts or omissions relating to the issuance or execution of the orders unless the acts or omissions constitute recklessness.

2. A physician, physician's designee, physician assistant, or advanced emergency medical care provider shall not be subject to civil liability solely by reason of failure to obtain consent before rendering emergency medical, surgical, hospital or health services to any individual, regardless of age, when the patient is unable to give consent for any reason and there is no other person reasonably available who is legally authorized to consent to the providing of such care.

3. An act of commission or omission of any appropriately certified advanced emergency med- ical care provider or physician assistant while rendering advanced emergency medical care under the responsible supervision and control of a physician to a person who is deemed by them to be in immediate danger of serious injury or loss of life, shall not impose any liability upon the certified advanced emergency medical care provider or physician assistant, the super- vising physician, or any hospital, or upon the state, or any county, city or other political subdi- vision, or the employees of any of these entities; provided that this section shall not relieve any person of liability for civil damages for any act of commission or omission which consti- tutes recklessness.

Sec. 4. NEW SECTION. 147A.13 PHYSICIAN ASSISTANT EXCEPTION. This chapter does not restrict a physician assistant, licensed pursuant to chapter 148C, from

staffing an authorized ambulance, rescue, or first response service if the physician assistant can document equivalency through education and additional skills training essential in the deliv- ery of prehospital emergency care. The equivalency shall be accepted when:

1. Documentation has been reviewed and approved at the local level by the medical direc- tor of the ambulance, rescue, or first response service in accordance with the rules of the board of physician assistant examiners.

2. Authorization has been granted to that ambulance, rescue, or first response service by the department.

Approved May 6, 1993

CHAPTER 108 HOSPITAL PRIVILEGES

S.F. 287

AN ACT relating to hospital privileges provided certain professionals including certified health service providers in psychology.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 135B.7, unnumbered paragraph 2, Code 1993, is amended to read as follows:

The rules shall state that a hospital shall not deny clinical privileges to physicians and sur- geons, podiatrists, osteopaths, osteopathic surgeons, ep dentists! or certified health service providers in psychology licensed under chapter 148, 149, 150, 150A, or 153, or section 154B.7 solely by reason of the license held by the practitioner or solely by reason of the school or institution in which the practitioner received medical schooling or postgraduate training if the medical schooling or postgraduate training was accredited by an organization recognized by the council on postsecondary accreditation or an accrediting group recognized by the United States department of education. ~hospital may establish procedures for interaction between

221 LAWS OF THE SEVENTY -FIFTH G.A., 1993 SESSION CH. 109

~patient and~ practitioner. Nothing in the rules shall prohibit ~ hospital from limiting, re- stricting, or revoking clinical privileges of~ practitioner for violation of hospital rules, regula- tions, or procedures established under this paragraph, when applied in good faith and in~ non- discriminatory manner. Nothing in this paragraph shall require~ hospital to expand the hospi- tal's current scope of service delivery solely to offer the services of~ class of providers not currently providing services at the hospital. Nothing!!!_ this section shall be construed to require ~ hospital to establish rules which are inconsistent with the scope of practice established for licensure~ practitioners to whom this paragraph applies. This section shall not be construed to authorize the denial of clinical privileges to ~ practitioner or class of practitioners solely because ~ hospital has as employees of the hospital identically licensed practitioners provid- !!!_g the same or similar services.

The rules shall require that~ hospital establish and implement written criteria for the grant- !!!_g ~ clinical privileges. The written criteria shall include but are not limited to considera- tion~ the ability of an applicant for privileges to provide patient care services independently and appropriately in the hospital; the license held ~ the applicant to practice; training, experience, and competence of the applicant; the relationship between the applicant's request for the granting of privileges and the hospital's current scope of patient care services, as well as the hospital's determination of the necessity to grant privileges to ~ practitioner autho- rized to provide comprehensive, appropriate, and cost-effective services.

Approved May 6, 1993

CHAPTER 109 RECORDING OF INSTRUMENTS IN COUNTY RECORDER'S OFFICE

S.F. 245

AN ACT relating to the recording of certain instruments in the office of county recorder.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 161A.7, subsection 18, paragraph b, Code 1993, is amended to read as follows:

b. The title page of the district plan and a notification stating where the plan may be reviewed shall be filed recorded with the recorder in the county in which the district is located, and updated as necessary, after the committee approves and the administrator of the division signs the district plan. The commissioners shall provide notice of the filing recording and may pro- vide a copy of the approved district plan to the county board of supervisors in the county where the district is located. The district plan shall be filed with the division as part of the state soil and water resource conservation plan provided in section 161A.4.

Sec. 2. Section 321.251, subsection 3, Code 1993, is amended to read as follows: 3. The titleholder of real property under subsection 2 may elect to waive the right to have

the vehicular traffic provisions of this chapter, or the ordinances, rules, or regulations of the local authority where the real property is located, apply to the real property and any persons located on the real property, by filing recording a waiver with the county recorder of each county in which the property is located. The waiver shall include the legal description of the real property and shall bind the titleholder of the real property and any successors in interest. The waiver may only be rescinded if each law enforcement jurisdiction, in which the titleholder of real property wishes to obtain the benefit of this section, consents to the rescis- sion of the waiver through adoption of a resolution.