135B.7 - RULES AND ENFORCEMENT.
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