S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2973

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 22, 2009
                               ___________

Introduced by M. of A. BENJAMIN, MILLMAN, CLARK, ROBINSON, POWELL, BENE-
  DETTO  --  Multi-Sponsored  by -- M. of A. BOYLAND, BRENNAN, DelMONTE,
  HOOPER, MAYERSOHN, McENENY, PERRY, PHEFFER, REILLY, N. RIVERA,  WRIGHT
  -- read once and referred to the Committee on Health

AN  ACT  to  amend  the  public  health law, in relation to office-based
  surgery disclosures

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  public health law is amended by adding a new section
230-e to read as follows:
  S 230-E. DISCLOSURES;  OFFICE-BASED  SURGERY.  1.  ANY  PHYSICIAN  WHO
CONDUCTS  OFFICE-BASED  SURGERY  SHALL PROVIDE FULL DISCLOSURE TO HIS OR
HER PATIENTS OF THE FOLLOWING:
  A. TYPES AND FREQUENCY OF SURGICAL PROCEDURES CONDUCTED IN THE  OFFICE
IN THE PREVIOUS THREE YEARS.
  B.  MEDICAL  AND  SURGICAL  TRAINING  CREDENTIALS,  INCLUDING DATES OF
CERTIFICATION, ASSOCIATED WITH ALL SURGICAL STAFF INVOLVED IN CONDUCTING
THE SURGICAL PROCEDURE REQUESTED BY THE PATIENT.
  C. THE PHYSICIAN'S EXPERIENCE WITH ADVERSE PATIENT  EVENTS  INCLUDING,
BUT  NOT  LIMITED  TO,  RATES  OF INFECTION, SURGICAL ANOMALIES, COMPLI-
CATIONS AND DEATHS.
  D. PROCEDURES IN PLACE IN CASE OF EMERGENCY DURING OFFICE-BASED SURGI-
CAL PROCEDURES INCLUDING, BUT NOT LIMITED TO, EMERGENCY RESPONSE  SKILLS
OF  SURGICAL  STAFF  MEMBERS, EMERGENCY 911 RESPONSE TIME, AND EMERGENCY
HOSPITAL AFFILIATION.
  E. MALPRACTICE CLAIMS PENDING AND MALPRACTICE RECORD.
  2. ANY PHYSICIAN WHO CONDUCTS OFFICE-BASED SURGERY  SHALL  PROVIDE  TO
THE DEPARTMENT, IN A FORM AND AT A RATE OF FREQUENCY AS REQUIRED BY SUCH
DEPARTMENT,  THE  DATA REQUIRED IN PARAGRAPHS A THROUGH D OF SUBDIVISION
ONE OF THIS SECTION AND ANY ADDITIONAL INFORMATION DEEMED  NECESSARY  BY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05572-01-9

              

A. 2973                             2

THE  DEPARTMENT  IN  ORDER  TO PROMULGATE REGULATIONS NECESSARY TO AVOID
ADVERSE PATIENT EVENTS IN OFFICE-BASED SURGERY.
  3.  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS ARE DEFINED
AS:
  A. "FULL DISCLOSURE" MEANS PROVIDING THE INFORMATION  IN  WRITING  AND
ORALLY  DURING IN-OFFICE CONSULTATION NOT LESS THAN THIRTY DAYS PRIOR TO
THE SCHEDULED NON-EMERGENCY SURGERY,  AND  BY  POSTING  THE  INFORMATION
CONTAINED  IN PARAGRAPHS A AND C OF SUBDIVISION ONE OF THIS SECTION IN A
CONSPICUOUS LOCATION IN THE WAITING AREA OF THE OFFICE.
  B. "OFFICE-BASED SURGERY" MEANS ANY INVASIVE PROCEDURE, OF A NON-EMER-
GENCY NATURE, CONDUCTED WITH OR WITHOUT GENERAL ANESTHESIA IN A  FACILI-
TY,  OFFICE OR ROOM THAT IS NOT WHOLLY CONTAINED WITHIN OR ADJACENT TO A
HOSPITAL, AS DEFINED IN SECTION TWENTY-EIGHT HUNDRED ONE OF  THIS  CHAP-
TER.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.