2023 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.