Patient Safety Program Bill

Bloodborne Pathogens - Frequently Asked Questions

New Reporting Requirements Effective September 2, 2008

1. Where can I Find the Statutory Provision Related to this New Reporting Requirement?

  • Public Health Law § 230-d(4)

2. What Must Be Reported?

Any suspected health care disease transmission originating in an office-based surgery (OBS) practice must be reported to the Department's Patient Safety Center (PSC). A health care disease transmission means the transmission of a reportable communicable disease that is bloodborne from a health care professional to a patient or between patients. Bloodborne pathogens are microorganisms that when present in human blood can cause disease. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV) and human immunodeficiency virus (HIV).

3. How are Reports of Suspected Bloodborne Pathogen Transmission Made?

Reports of any suspected bloodborne pathogen transmission originating in an OBS practice must be sent to the PSC. Forms, which are the same as those used to report adverse events, are located on the Department's website at http://www.nyhealth.gov/professionals/office-based_surgery/ and must be sent, via certified mail, as follows: New York State Department of Health, Patient Safety Center, Hedley Building, 433 River Street, Troy, New York 12180.

4. Who Must File Reports of Suspected Bloodborne Pathogen Transmission?

Persons required to file such reports are licensed physicians, PAs and SAs who are part of an OBS practice and suspect that there has been a transmission of a bloodborne pathogen from a health care professional to a patient or between patients originating within the practice. It is important to note that all licensed physicians, PAs and SAs who are part of the OBS practice are subject to the reporting requirement, if they have a suspicion, even if they were not directly involved with a patient's care.

5. When Must Reports of Suspected Bloodborne Pathogen Transmission Be Made?

The report must be made to the PSC within one business day of the day that a licensed physician, PA, or SA, who is part of the OBS practice, has reason to suspect that there has been a transmission of a bloodborne pathogen from a healthcare professional to a patient or between patients originating in the OBS practice.

6. Are hospitals required to report?

No. The reporting requirements for suspected bloodborne pathogen transmission are limited to licensed physicians, PAs and SAs who are part of the OBS practice.7. Is a licensed physician, PA or SA, who is part of an OBS practice required to report a suspected transmission of a bloodborne pathogen from a patient to a health care professional? No, there are no reporting requirements under those circumstances.

7. Is a licensed physician, PA or SA, who is part of an OBS practice required to report a suspected transmission of a bloodborne pathogen from a patient to a health care professional?

No, there are no reporting requirements under those circumstances.