NY Pub Health L § 230-D (2021)
2021 New York Laws PBH - Public Health Article 2 - The Department of Health Title 2-A - Professional Medical Conduct 230-D - Office-Based Surgery.

§  230-d.  Office-based surgery. 1. The following words or phrases, as used in this section shall have the following meanings:  (a)   "Accredited   status"   means   the   full   accreditation    by nationally-recognized   accrediting   agency(ies)   determined   by  the commissioner.  (b) "Adverse event" means (i) patient death within thirty  days;  (ii) unplanned  transfer  to  a hospital or emergency department visit within seventy-two hours of office-based surgery for  reasons  related  to  the office-based  surgery encounter; (iii) unscheduled hospital admission or assignment to observation services,  within  seventy-two  hours  of  the office-based  surgery,  for  longer  than twenty-four hours; or (iv) any other serious or life-threatening event.  (c) "Deep sedation" means a drug-induced depression  of  consciousness during  which  (i)  the  patient  cannot  be easily aroused but responds purposefully following repeated painful stimulation; (ii) the  patient's ability  to  maintain  independent ventilatory function may be impaired; (iii) the patient may require assistance in maintaining a patent  airway and  spontaneous  ventilation  may be inadequate; and (iv) the patient's cardiovascular function is usually maintained without assistance.  (d)  "General  anesthesia"  means   a   drug-induced   depression   of consciousness  during  which  (i)  the patient is not arousable, even by painful stimulation; (ii) the patient's ability to maintain  independent ventilatory  function  is  often  impaired;  (iii)  the patient, in many cases, often requires assistance in  maintaining  a  patent  airway  and positive  pressure  ventilation  may  be  required  because of depressed spontaneous ventilation  or  drug-induced  depression  of  neuromuscular function;   and  (iv)  the  patient's  cardiovascular  function  may  be impaired.  (e)  "Moderate  sedation"   means   a   drug-induced   depression   of consciousness  during  which  (i)  the  patient responds purposefully to verbal  commands,  either  alone  or  accompanied   by   light   tactile stimulation;  (ii)  no  interventions  are required to maintain a patent airway;  (iii)  spontaneous  ventilation  is  adequate;  and  (iv)   the patient's   cardiovascular   function   is  usually  maintained  without assistance.  (f) "Minimal sedation" means a drug-induced  state  during  which  (i) patients  respond  normally  to verbal commands; (ii) cognitive function and  coordination  may  be   impaired;   and   (iii)   ventilatory   and cardiovascular functions are unaffected.  (g)  "Minor  procedures"  means  (i)  procedures that can be performed safely  with  a  minimum  of  discomfort   where   the   likelihood   of complications  requiring  hospitalization  is  minimal;  (ii) procedures performed with local or topical anesthesia; or  (iii)  liposuction  with removal   of  less  than  500  cc  of  fat  under  unsupplemented  local anesthesia.  (h) "Office-based  surgery"  means  any  surgical  or  other  invasive procedure,  requiring  general  anesthesia,  moderate  sedation, or deep sedation, and any liposuction procedure, where such  surgical  or  other invasive  procedure  or  liposuction  is  performed  by  a licensee in a location other than a hospital, as  such  term  is  defined  in  article twenty-eight  of this chapter, excluding minor procedures and procedures requiring minimal sedation.  (i)  "Licensee"  shall  mean  an  individual  licensed  or   otherwise authorized   under   article   one   hundred   thirty-one,  one  hundred thirty-one-B, individuals who have obtained an issuance of  a  privilege to  perform  podiatric  standard  or  advanced ankle surgery pursuant to subdivisions one and two of section seven thousand nine of the education law.    2. Licensee practices in which office-based surgery is performed shall obtain and maintain full accredited status.   3.  A licensee may only perform office-based surgery in a setting that has obtained and maintains full accredited status.   4. (a) Licensees shall  report  adverse  events  to  the  department's patient  safety  center  within three business days of the occurrence of such adverse event. Licensees shall also  report  any  suspected  health care  disease transmission originating in their practices to the patient safety center within three business  days  of  becoming  aware  of  such suspected  transmission.  For  purposes  of  this  section,  health care disease  transmission  shall  mean  the  transmission  of  a  reportable communicable disease that is blood borne from a health care professional to  a  patient  or  between  patients  as a result of improper infection control practices by the health care professional.  (b) The department may also require  licensees  to  report  additional data  such as procedural information as needed for the interpretation of adverse events.  (c) The data reported under this subdivision shall be subject  to  all confidentiality  provisions  provided  by  section  twenty-nine  hundred ninety-eight-e of this chapter.   5. The commissioner shall make, adopt,  promulgate  and  enforce  such rules  and regulations, as he or she may deem appropriate, to effectuate the purposes of this section. Where any rule or  regulation  under  this section would affect the scope of practice of a health care practitioner licensed, registered or certified under title eight of the education law other  than  those licensed under articles one hundred thirty-one or one hundred thirty-one-B of the education law, the rule or regulation  shall be made with the concurrence of the commissioner of education.