House Bill 2905 History
H. B. 2905
(By Delegates Fleischauer, Pasdon, Campbell,
Lynch, Ferns, Marshall and Barill)
[Introduced March 12, 2013; referred to the
Committee on Health and Human Resources then the
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §30-3-18, relating to
establishing anesthesia patient safety standards for
office-based surgery; granting regulatory authority to the
Board of Medicine and the Board of Osteopathy; making
legislative findings; establishing registration requirements;
requiring registration fees; and authorizing rule making.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §30-3-18, to read as
ARTICLE 3. WEST VIRGINIA MEDICAL PRACTICE ACT.
§30-3-18. Anesthesia patient safety standards for office-based
__________surgery; findings; exceptions; rule making.
__________(a) The Legislature finds that for the safety of patients and
to eliminate preventable patient death or patient injury it is
appropriate to establish anesthesia patient safety standards for
office-based surgery and in the public interest to require the
Board of Medicine and the Board of Osteopathy to regulate the
practice of office-based surgery.
__________(b) Physicians' offices where procedures are performed with
moderate sedation/analgesia, deep sedation/analgesia or general
anesthesia are subject to the office-based surgery standards of
care, registration requirements, inspection requirements, and
registration fees required by this section. This subsection does
not apply to hospital or ambulatory surgical facility currently
regulated by article five-b, chapter sixteen of this code.
__________(c) The Board of Medicine and the Board of Osteopathy shall
propose rules by July 31, 2013 for legislative approval, in
accordance with article three, chapter twenty-nine-a of this code
necessary to effectuate this section, to:
___________(1) Establish office-based surgery standards of care under the
guidance of the American Medical Association's Office-based Surgery
Core Principles and the American Society of Anesthesiologists'
Practice Guidelines for Sedation and Analgesia by Non-
Anesthesiologists that are in effect on the effective date of this
__________(2) Require physicians who perform office procedures with moderate sedation/analgesia, deep sedation/analgesia or general
anesthesia to register the office with the Board of Medicine or the
Board of Osteopathy;
__________(3) Determine whether any additional requirements are needed
to ensure patient safety and promote the public interest, such as
inspections and/or accreditation by an accrediting organization
approved by the Board of Medicine and the Board of Osteopathy; and
__________(4) Set fees for registration.
NOTE: The purpose of this bill is to
patient safety standards for office-based surgery. The bill makes
legislative findings. The bill grants regulatory authority to the
Board of Medicine and the Board of Osteopathy. The bill establishes
registration requirements. The bill requires registration fees. The
bill authorizes rule making.
This section is new; therefore, it has been completely