What You Need to Know About Office-Based Surgery Laws

Physician's Practice

Conor F. Murphy, Senior Counsel, and  Yulian Shtern, Associate, in the Health Care and Life Sciences practice, in the firm’s Newark office, co-authored an article in Physician’s Practice, titled “What You Need to Know About Office-Based Surgery Laws.”

Following is an excerpt:

In the past decade, there has been a steady increase in the number and types of surgical procedures performed in an office-based setting by various practitioners – including general surgeons, gastroenterologists, ophthalmologists, radiologists, dermatologists, podiatrists, dentists and other specialists.  While advances in medical technology have enabled more procedures to be performed in an office setting, patient safety concerns remain crucial and warrant a re-examination of legal and regulatory oversight.  Practitioners performing office-based surgery (OBS) should be familiar with the laws and leading issues associated with OBS procedures.

Although the precise definition varies from state-to-state, an OBS procedure is generally any surgical or diagnostic procedure performed in a physician’s medical office that is invasive or involves subcutaneous penetration, excluding minor surgical procedures.  Most jurisdictions classify procedures as “surgical” or “invasive” by reference to the type and level of sedation or anesthesia used.