I forget…what did that email say? oh yeah, its at

Office Based Surgery Adverse Event Reporting

This is a reminder that the state has strict regulations covering office based surgery (OBS) that include us in the mandate reporting of such events. The OBS laws are: Public Health Law (PHL) §§ 230-d and 2998-e and State Education Law § 6530(48). They include the following: “ reportable adverse events shall be reported to the NYSDOH Patient Safety Center within one business day of the occurrence of the event…. Failure to report this information falls within the definition of professional misconduct.” Mandated reporters include “ANY physician, PA and/or SA 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.”

If you become aware of such a case there are a few things to do.

1. Fill out the forms (attached) yourself and email/fax them to Jacqueline S. Lustgarten MD, Program Coordinator, Risk Management Fax: (212) 876-3191.


2. Let me know. I will get the forms filled out to the best of my ability. (It is possible that by emailing me, if I’m away or post night shift, I won’t turn them around in the 24 hours mandate.)

In this recent case the gastroenterologist sent the state the forms and risk management here still felt the ED was obligated to report it as well.

This does NOT apply to adverse events from hospital based procedures.

Peter Shearer, MD FACEP

doh-4431 reporting form

Written by phil

July 7th, 2013 at 4:40 pm

Posted in Admin

Leave a Reply