Office-Based Surgery

Revised March 2024

Office-Based Surgery is any surgical or invasive procedure, accompanied by general anesthesia, deep or moderate sedation, and any liposuction; where the procedure is performed by a physician, physician assistant, specialist assistant, or podiatrist privileged to perform ankle surgery by the State Education Department, in a location other than a hospital or ambulatory surgery center, or diagnostic and treatment center. This definition excludes minor procedures and procedures performed with minimal sedation. Minor procedures are those that can be performed safely with minimal discomfort where the likelihood of complications requiring hospitalization is minimal; procedures performed with local or topical anesthesia or liposuction with removal of less than 500 cc of fat under unsupplemented anesthesia. For more information regarding office-based surgery, please see the Frequently Asked Questions for Practitioners (Revised March 2024).

Announcements

NEW NAME:The Office of Quality and Patient Safety (OQPS) has been RENAMED the OFFICE of HEALTH SERVICES QUALITY and ANALYTICS. (February 2024)

Electronic Office-based Surgery Adverse Event Reporting

Contact the Patient Safety Center, Office of Health Services Quality and Analytics to learn more about the submission of the electronic Adverse Event Report.

UPDATE: New York State Department of Health (NYSDOH) Guidance for Performing Liposuction with and without Fat Grafting in the Office-Based Surgery Setting
(June 5, 2024)

  • This guidance was developed by the Office of Health Services Quality and Analytics, Office-Based Surgery (OBS) Program based on recommendations of a Plastic Surgery Expert Workgroup and the OBS Advisory Committee. The guidance aims to improve safety in the performance of liposuction with and without fat grafting procedures in the OBS setting and reduce adverse events and deaths related to the OBS procedures of liposuction with and without fat grafting.

Office of Health Services Quality and Analytics Contact information:

  • Mail: Office-Based Surgery
    Office of Health Services Quality and Analytics
    New York State Department of Health
    Corning Tower, Room 2019
    Albany, NY 12237
  • Phone: (518) 408-1219
  • Email: obs@health.ny.gov

Health Commerce System (HCS) - Quick Links

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 privileged to perform ankle surgery by the State Education Department, must report specific adverse events occurring in relation to the performance of OBS, to the Office of Health Services Quality and Analytics of the NYSDOH. Such reportable adverse events shall be reported to the Office of Health Services Quality and Analytics 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 identified 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 NYSDOH 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 NYSDOH 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 privileged to perform ankle surgery by the State Education Department, directly or indirectly involved in the OBS procedure 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 privileged to perform ankle surgery by the State Education Department, 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 can be found at: https://obsaer.health.ny.gov.

About Office Based Surgery