Subject of Possible Rule Making: WAC 246-919-XXX Oversight of office-based surgery in Washington state.

     Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 18.71.017 and 18.130.050(12).

     Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The commission is concerned about the high level of risk for patient harm in an office based setting. Some types of potential patient harm are death, complications from anesthesia, bleeding, infection, and clotting. The commission is aware of three deaths in New Jersey, New York, and Florida resulting from an office based surgery setting, as well as bad outcomes in Washington. The Federation of State Medical Boards established a committee to evaluate problems associated with outpatient surgery. Results from the review indicated that the surgical procedures of hospitals are not as safe in the office since there is no regulatory oversight of the office based setting.

     Process for Developing New Rule: Public workgroups - the commission will conduct a public workshop in four areas throughout Washington in order to allow interested persons to participate in the development of the language for these rules. Notification of the meetings will be sent to those individuals and organizations who have indicated they are to be notified of any rule-making process.

     Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Beverly A. Teeter, Health Administrator, Department of Health, Medical Quality Assurance Commission, P.O. Box 47866, Olympia, WA 98504-7866, (360) 236-4788.

March 18, 2003

Doron N. Maniece

Executive Director

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