Subject of Possible Rule Making: New section WAC 246-919-601 Safe and effective analgesia and anesthetic administration in office-based surgical settings. The commission is considering proposed rules for physicians who perform surgery within their offices.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.71.017, chapter 18.130 RCW.

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: In 2002, the Federation of State Medical Boards created a committee to evaluate outpatient surgery. Results from the review indicated that surgical procedures are not as safe in an office because of no regulatory oversight. There have been several highly publicized deaths resulting from an office-based surgery setting in New York, New Jersey, and Florida. Washington has had bad outcomes reported as well. The medical quality assurance commission (commission) is concerned about the risk of patient death, complications from anesthesia, bleeding, infection, and clotting due to surgery in this setting. Rules need to be established to regulate this area.

     Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: None.

     Process for Developing New Rule: Collaborative.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. In order for the commission to allow interested persons to provide input on proposed language, there will be public workshops in four areas of the state. The commission will notify via the listserv all those individuals and organizations that have expressed an interest in the commission's rules. Stakeholders may also submit written comments for consideration to Beverly A. Thomas, Program Manager, P.O. Box 47866, Olympia, WA 98504-7866, (360) 236-4788, fax (360) 236-4768, beverly.thomas@doh.wa.gov.

January 16, 2007

Blake T. Maresh

Executive Director

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