INTRODUCTION

• The New York State Department of Health's (NYSDOH) Office-Based Surgery (OBS) Program is dedicated to promoting and improving patient safety and quality health services for all patients undergoing procedures in an accredited OBS setting in New York State.
• In accordance with New York State Public Health Law Section 230-d, all physicians, physician assistants (PA), specialist assistants (SA) and podiatrists, must report specific adverse events occurring in relation to the performance of OBS, to the Office of Quality and Patient Safety (OQPS) of the NYSDOH. Such reportable adverse events shall be reported to OQPS within three business days of the occurrence of the event; suspected transmission of bloodborne pathogens must be reported within three days of becoming aware of a suspected transmission.
• Failure to report this information falls within the definition of professional misconduct indentified in Section 6530(48) of NYS Education Law.

Adverse Events that must be reported according to PHL Public Health Law § 230-d

1. Patient death within thirty (30) days of the procedure;
2. Unplanned transfer; to a hospital for reasons related to the office-based surgery encounter;
3. An emergency department visit within seventy-two (72) hours of office-based surgery; for reasons related to the office-based surgery encounter;
4. Unscheduled hospital admission or assignment to observation services; within seventy-two (72) hours of the office-based surgery, for longer than twenty-four (24) hours;
5. Any other serious or life-threatening events: *The DOH has adopted those events identified and defined as Serious Reportable Events by the National Quality Forum as our definition of "other serious or life-threatening events"; involving OBS patients.
   
   The DOH has identified the following events as meeting the OBS law definition of an "other serious or life-threatening event":
   
   • Unplanned return to the OR after discharge from an OBS office for a procedure related to the OBS procedure;
   • Delayed admission to the hospital for actual or potential OBS related complications occurring between seventy-three (73) hours and thirty (30) days after, an OBS procedure.
6. Any Suspected Health Care Transmission of a Bloodborne Pathogen (BBP): a suspected transmission of a bloodborne pathogen (BBP) from a healthcare practitioner to a patient or between patients originating in an OBS practice as a result of improper infection control practices. BBP include but are not limited to: Hepatitis B virus, Hepatitis C virus and Human Immunodeficiency Virus.

Who Must Report Adverse Events:

• ALL licensed physicians, PA's, SA's and podiatrists directly or indirectly involved in the OBS procudure must file an adverse event report. Mandated reporters involved in the OBS procedure, which typically includes the proceduralist and the sedation/anesthesia providers, may file a single report or each licensee may file separate reports.
• It is the personal responsibility of each mandated reporter to ensure that an adverse event report has been reported.
• ANY physician, PA and/or SA, or podiatrist in a hospital or other setting who believes or becomes aware of a patient complaint, complication, condition, emergency department visit, hospital admission or death that occurred status post an OBS procedure.

List of accredited Office-based Surgery Practices: Office-Based Surgery Practices in New York State.

The Adverse Event Report form can be found here: Office-Based Surgery - Adverse Event Report.