State Codes and Statutes

Statutes > Iowa > Title-4 > Subtitle-2 > Chapter-135b > 135b-7

        135B.7  RULES AND ENFORCEMENT.
         1. a.  The department, with the advice and approval of the
      hospital licensing board and approval of the state board of health,
      shall adopt rules setting out the standards for the different types
      of hospitals to be licensed under this chapter.  The department shall
      enforce the rules.
         b.  Rules or standards shall not be adopted or enforced which
      would have the effect of denying a license to a hospital or other
      institution required to be licensed, solely by reason of the school
      or system of practice employed or permitted to be employed by
      physicians in the hospital, if the school or system of practice is
      recognized by the laws of this state.
         2. a.  The rules shall state that a hospital shall not deny
      clinical privileges to physicians and surgeons, podiatric physicians,
      osteopathic physicians and surgeons, dentists, certified health
      service providers in psychology, physician assistants, or advanced
      registered nurse practitioners licensed under chapter 148, 148C, 149,
      152, 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.
         b.  A hospital may establish procedures for interaction
      between a patient and a practitioner.  The rules shall not prohibit a
      hospital from limiting, restricting, or revoking clinical privileges
      of a practitioner for violation of hospital rules, regulations, or
      procedures established under this paragraph, when applied in good
      faith and in a nondiscriminatory manner.
         c.  This subsection shall not require a hospital to expand the
      hospital's current scope of service delivery solely to offer the
      services of a class of providers not currently providing services at
      the hospital.  This section shall not be construed to require a
      hospital to establish rules which are inconsistent with the scope of
      practice established for licensure of practitioners to whom this
      subsection applies.
         d.  This section shall not be construed to authorize the
      denial of clinical privileges to a practitioner or class of
      practitioners solely because a hospital has as employees of the
      hospital identically licensed practitioners providing the same or
      similar services.
         3.  The rules shall require that a hospital establish and
      implement written criteria for the granting of clinical privileges.
      The written criteria shall include but are not limited to
      consideration of all of the following:
         a.  The ability of an applicant for privileges to provide
      patient care services independently and appropriately in the
      hospital.
         b.  The license held by the applicant to practice.
         c.  The training, experience, and competence of the applicant.

         d.  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 a practitioner authorized to provide
      comprehensive, appropriate, and cost-effective services.
         4.  The department shall also adopt rules requiring hospitals to
      establish and implement protocols for responding to the needs of
      patients who are victims of domestic abuse, as defined in section
      236.2.  
         Section History: Early Form
         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 135B.7] 
         Section History: Recent Form
         83 Acts, ch 101, § 16; 85 Acts, ch 169, §1; 90 Acts, ch 1093, § 1;
      90 Acts, ch 1204, § 6; 91 Acts, ch 218, §3; 93 Acts, ch 108, § 1; 96
      Acts, ch 1034, § 68; 99 Acts, ch 42, §1; 2008 Acts, ch 1088, §88;
      2009 Acts, ch 41, § 45
         Referred to in § 135B.5

State Codes and Statutes

Statutes > Iowa > Title-4 > Subtitle-2 > Chapter-135b > 135b-7

        135B.7  RULES AND ENFORCEMENT.
         1. a.  The department, with the advice and approval of the
      hospital licensing board and approval of the state board of health,
      shall adopt rules setting out the standards for the different types
      of hospitals to be licensed under this chapter.  The department shall
      enforce the rules.
         b.  Rules or standards shall not be adopted or enforced which
      would have the effect of denying a license to a hospital or other
      institution required to be licensed, solely by reason of the school
      or system of practice employed or permitted to be employed by
      physicians in the hospital, if the school or system of practice is
      recognized by the laws of this state.
         2. a.  The rules shall state that a hospital shall not deny
      clinical privileges to physicians and surgeons, podiatric physicians,
      osteopathic physicians and surgeons, dentists, certified health
      service providers in psychology, physician assistants, or advanced
      registered nurse practitioners licensed under chapter 148, 148C, 149,
      152, 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.
         b.  A hospital may establish procedures for interaction
      between a patient and a practitioner.  The rules shall not prohibit a
      hospital from limiting, restricting, or revoking clinical privileges
      of a practitioner for violation of hospital rules, regulations, or
      procedures established under this paragraph, when applied in good
      faith and in a nondiscriminatory manner.
         c.  This subsection shall not require a hospital to expand the
      hospital's current scope of service delivery solely to offer the
      services of a class of providers not currently providing services at
      the hospital.  This section shall not be construed to require a
      hospital to establish rules which are inconsistent with the scope of
      practice established for licensure of practitioners to whom this
      subsection applies.
         d.  This section shall not be construed to authorize the
      denial of clinical privileges to a practitioner or class of
      practitioners solely because a hospital has as employees of the
      hospital identically licensed practitioners providing the same or
      similar services.
         3.  The rules shall require that a hospital establish and
      implement written criteria for the granting of clinical privileges.
      The written criteria shall include but are not limited to
      consideration of all of the following:
         a.  The ability of an applicant for privileges to provide
      patient care services independently and appropriately in the
      hospital.
         b.  The license held by the applicant to practice.
         c.  The training, experience, and competence of the applicant.

         d.  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 a practitioner authorized to provide
      comprehensive, appropriate, and cost-effective services.
         4.  The department shall also adopt rules requiring hospitals to
      establish and implement protocols for responding to the needs of
      patients who are victims of domestic abuse, as defined in section
      236.2.  
         Section History: Early Form
         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 135B.7] 
         Section History: Recent Form
         83 Acts, ch 101, § 16; 85 Acts, ch 169, §1; 90 Acts, ch 1093, § 1;
      90 Acts, ch 1204, § 6; 91 Acts, ch 218, §3; 93 Acts, ch 108, § 1; 96
      Acts, ch 1034, § 68; 99 Acts, ch 42, §1; 2008 Acts, ch 1088, §88;
      2009 Acts, ch 41, § 45
         Referred to in § 135B.5

State Codes and Statutes

State Codes and Statutes

Statutes > Iowa > Title-4 > Subtitle-2 > Chapter-135b > 135b-7

        135B.7  RULES AND ENFORCEMENT.
         1. a.  The department, with the advice and approval of the
      hospital licensing board and approval of the state board of health,
      shall adopt rules setting out the standards for the different types
      of hospitals to be licensed under this chapter.  The department shall
      enforce the rules.
         b.  Rules or standards shall not be adopted or enforced which
      would have the effect of denying a license to a hospital or other
      institution required to be licensed, solely by reason of the school
      or system of practice employed or permitted to be employed by
      physicians in the hospital, if the school or system of practice is
      recognized by the laws of this state.
         2. a.  The rules shall state that a hospital shall not deny
      clinical privileges to physicians and surgeons, podiatric physicians,
      osteopathic physicians and surgeons, dentists, certified health
      service providers in psychology, physician assistants, or advanced
      registered nurse practitioners licensed under chapter 148, 148C, 149,
      152, 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.
         b.  A hospital may establish procedures for interaction
      between a patient and a practitioner.  The rules shall not prohibit a
      hospital from limiting, restricting, or revoking clinical privileges
      of a practitioner for violation of hospital rules, regulations, or
      procedures established under this paragraph, when applied in good
      faith and in a nondiscriminatory manner.
         c.  This subsection shall not require a hospital to expand the
      hospital's current scope of service delivery solely to offer the
      services of a class of providers not currently providing services at
      the hospital.  This section shall not be construed to require a
      hospital to establish rules which are inconsistent with the scope of
      practice established for licensure of practitioners to whom this
      subsection applies.
         d.  This section shall not be construed to authorize the
      denial of clinical privileges to a practitioner or class of
      practitioners solely because a hospital has as employees of the
      hospital identically licensed practitioners providing the same or
      similar services.
         3.  The rules shall require that a hospital establish and
      implement written criteria for the granting of clinical privileges.
      The written criteria shall include but are not limited to
      consideration of all of the following:
         a.  The ability of an applicant for privileges to provide
      patient care services independently and appropriately in the
      hospital.
         b.  The license held by the applicant to practice.
         c.  The training, experience, and competence of the applicant.

         d.  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 a practitioner authorized to provide
      comprehensive, appropriate, and cost-effective services.
         4.  The department shall also adopt rules requiring hospitals to
      establish and implement protocols for responding to the needs of
      patients who are victims of domestic abuse, as defined in section
      236.2.  
         Section History: Early Form
         [C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 135B.7] 
         Section History: Recent Form
         83 Acts, ch 101, § 16; 85 Acts, ch 169, §1; 90 Acts, ch 1093, § 1;
      90 Acts, ch 1204, § 6; 91 Acts, ch 218, §3; 93 Acts, ch 108, § 1; 96
      Acts, ch 1034, § 68; 99 Acts, ch 42, §1; 2008 Acts, ch 1088, §88;
      2009 Acts, ch 41, § 45
         Referred to in § 135B.5