Changes to Office-based Surgery Law Effective April 13, 2016
Effective April 13, 2016, the deadline for submission of OBS AE reports has been extended from 24 hours to 72hr.
Also effective April 13, 2015, office-based surgery (OBS) practitioners must report two additional types of adverse events (AE). These include:
- Unplanned emergency department visits within seventy-two hours of office-based surgery and
- Unscheduled assignment to observation services within a hospital within seventy-two hours of the office-based surgery.**
These new types of OBS adverse events are in addition to the following previously mandated types of AE:
- Unplanned transfer to a hospital or emergency department from an OBS practice;
- Unscheduled admission to the hospital for longer than 24 hours within seventy-two hours of office-based surgery;
- Patient death within thirty days;
- Suspected transmission of blood-borne pathogens from staff to patients or between patients; and
- Any other serious or life-threatening event. (Defined primarily as the National Quality Forum's serious reportable events.)
**Since DOH is in the process of building an electronic AE reporting system that is expected to be available for use in the fall of 2016 we have not revised the paper AE reporting form and practitioners submitting AE should continue to use the form found here: Office-Based Surgery - Adverse Event Report. When reporting one or more of the new AE types:
- Select "any other serious…event" in Question 1 and
- Write in the date and type of event being reported (ED visit, observation stay, etc.) in the space available in Question 6.
Electronic Office-based Surgery Adverse Event Reporting is Coming
Office-based Surgery adverse event reporting is being transitioned to an electronic system in the fall of 2016. Training will be provided prior to implementation.
In the meantime, continue to send adverse event reports to the address below or submit via the secure file transfer application on the DOH Health Commerce System website. Contact PSC to learn more about this method of submission.
Patient Safety Center (PSC) Contact information:
- Mail: Patient Safety Center
Office of Quality and Patient Safety
New York State Department of Health
Corning Tower, Room 1938
Albany, NY 12237.
- Phone: (518) 408-1219
- Email: firstname.lastname@example.org.
List of accredited Office-based Surgery Practices: Office-Based Surgery Practices in New York State.
- Office-Based Surgery Practices in New York State
- Accrediting Agencies (12/28/2007, updated 4/2011)
- Adverse Event Report Form and Instructions (June 2013):
- Dear Doctor Letter Regarding Office-Based Surgery (December 2007)
- Frequently Asked Questions for Practitioners (Revised September 2013)
- Frequently Asked Questions for Consumers (July 14, 2009)
- New York State Surgical and Invasive Procedure Protocol (NYSSIPP) for Hospitals, Diagnostic and Treatment Centers, Ambulatory Surgery Centers, and Individual Practitioners (September 2006) (PDF, 104KB)
- New York State Surgical and Invasive Procedure Protocol (NYSSIPP), Frequently Asked Questions (June 2008)
- Report of the Committee on Quality Assurance in Office-Based Surgery (January 2007) (PDF, 93KB)
Laws of New York
- Patient Safety Program Bill - New Reporting Requirements Effective September 2, 2008
- New York State Education Law § 6530 Definitions of Professional Misconduct
- New York State Public Health Law § 230-d Office-Based Surgery
- New York State Public Health Law § 2998-e Reporting of Adverse Events in Office-Based Surgery