SB3484 - Tennessee - Health Care, Medicine, Practice Of, Physicians And Surgeons
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Latest Update: Tuesday, May, 13th 2008 Companion Bill HB3633. Health Care - Defines "Level II office-based surgery" and specifies the requirements that must be adhered to by physicians that perform such procedures. - Amends TCA Section 63-9-117; Section 63-6-221 and Section 68-11-211. Fiscal Summary for *SB3484 / HB3633Increase State Revenue - $1,084,500 Increase State Expenditures - $65,500 / One-Time $1,019,000 / Recurring Bill Summary for *SB3484 / HB3633 Present law regulates the performance of office-based surgery. Present law defines "office-based surgery" as Level III surgery requiring a level of sedation beyond the level of sedation of Level II surgery that is performed outside a hospital, an ambulatory surgical treatment center, or other medical facility licensed by the department of health. The board of medical examiners and board of osteopathic examiners are responsible for establishing rules and regulations in regard to such procedures. This bill establishes requirements for the performance of Level II office-based surgeries. This bill defines "Level II office-based surgery" as Level II surgery (defined by the rules of the board of medical examiners) that is performed outside of a hospital facility, an ambulatory surgical center, or other medical facility licensed by the department of health. This bill requires a physician or osteopathic physician desiring to perform Level II office-based surgery to pay the department of health an annual fee, as set by the board of medical examiners or board of osteopathic examiners, as appropriate. Such a physician or osteopathic physician must apply to the board and submit information regarding the Level II procedures expected to be performed. This bill requires the appropriate board to inform the physician or osteopathic physician of the Level II office-based surgery requirements. Failure of a physician or osteopathic to abide the requirements would be grounds for disciplinary action by the board. This bill specifies that the boards are authorized to require plans of correction and to verify that the plans of correction have been implemented for physicians and osteopathic physicians performing Level II office-based surgery. ON APRIL 21, 2008, THE SENATE ADOPTED AMENDMENTS #1 AND #2 AND PASSED SENATE BILL 3484, AS AMENDED. AMENDMENT #1 rewrites this bill to provide the following in regard to physicians and osteopathic physicians performing level II office-based surgery: (1) Applicants for initial licensure or reinstatement of a previously issued license must indicate to the board of medical examiners or board of osteopathic examiners, as appropriate, if they intend to perform level II office-based surgery procedures as defined by the rules of the applicable board and that are integral to a planned treatment regimen and not performed on an urgent or emergent basis. (2) Licensed physicians and osteopathic physicians who perform level II office-based surgery at the time of licensure renewal must indicate to their respective board on the licensure renewal application if the licensee currently performs level II office-based surgery procedures as defined in the rules of the applicable board and that are integral to a planned treatment regiment and not performed on an urgent or emergent basis. (3) In order for health care providers and their board to work together to collect health care data, so as to minimize the frequency and severity of certain unexpected events and improve the delivery of health care services, each physician and osteopathic physician who performs any level II office-based surgery that results in any of the following unanticipated events must notify the appropriate board in writing within 15 calendar days following the discovery of the event: (A) The death of a patient during any level II office-based surgery or within 72 hours thereafter; (B) The transport of a patient to a hospital emergency department except those related to a natural course of the patient's illness or underlying condition; (C) The unplanned admission of a patient to a hospital within 72 hours of discharge, only if the admission is related to the level II office-based surgery, except those related to a natural course of the patient's illness or underlying condition; (D) The discovery of a foreign object erroneously remaining in a patient from a level II office-based surgery at that office; or (E) The performance of the wrong surgical procedure, surgery on the wrong site, or surgery on the wrong patient. (4) Records of reportable events should be in writing and should include at a minimum information regarding the physician or osteopathic physical, the office and address where the incident occurred, and type of level II surgery performed, and the circumstances surrounding the incident. (5) The filing of a report as required by (3) does not, in and of itself, constitute an acknowledgment or admission of malpractice, error or omission. Upon receipt of the report, the board may, in its discretion, obtain patient and other records. The reporting form and any supporting documentation reviewed or obtained by the board would be confidential and not subject to discovery, subpoena or legal compulsion for release to any person or entity, nor would they be admissible in any civil or administrative proceeding, other than a disciplinary proceeding by the board. This provision would not affect any of the provisions of or limit the protections provided by the peer review provisions of present law. (6) Failure to comply with this amendment would constitute grounds for disciplinary action by the board in its discretion. AMENDMENT #2 changes the effective date of this bill from upon becoming a law to October 1, 2008. Latest Actions
Fiscal Notes
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