HOUSE CONCURRENT RESOLUTION NO. 146
(By Delegates Fleischauer, Barill, Barrett, Butler, Caputo, Eldridge, Ellington, Faircloth, Ferns, Guthrie, Lynch, Manypenny, Marshall, Paxton, Perdue, D. Poling, Romine, Rowan, Storch, Swartzmiller, Walker and Williams)
Requesting the Joint Committee on Government and Finance to study the need for regulations of anesthesia for surgery performed in physicians' and dentists' offices in order to eliminate preventable office-based surgery-patient injury and death.
Whereas, Under current West Virginia law, the Board of Medicine and Board of Osteopathy have no regulations for office-based surgery or office-based safety standards of care for physicians' offices where procedures are performed with moderate sedation/analgesia, deep sedation/analgesia or general anesthesia; and
Whereas, Doses needed to control pain during surgery may significantly decrease the patient's respiratory rate, obstruct the patient's airway, or even stop the patient's breathing altogether; and
Whereas, Due to the levels of anesthesia being on a continuum, patients can easily slip into a deeper than intended level of sedation; and
Whereas, Physicians who intend to induce moderate sedation/analgesia must be prepared to rescue the patient from deeper than intended levels of anesthesia; and
Whereas, There is a need for research on the need for office-based surgery standards of care, registration requirements, inspection for compliance requirements, registration and inspection fees for procedures with anesthesia; and
Whereas, The West Virginia Board of Dental Examiners has extensive state laws and regulations for anesthesia to govern dentists' offices and their staff and may have expertise to share regarding the need for regulation as well as what has worked and what has not worked; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study considering the adoption of regulations of anesthesia for surgery performed in physicians' offices in order to eliminate preventable office-based surgery-patient injury and death and to further review the standards governing surgery with anesthesia performed in dentists' offices; and, be it
Further Resolved, That this study will review physicians' and dentists' offices where procedures are performed; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Legislature, no later than the first day of the regular session, 2014, on its findings, conclusions, and recommendations, if any, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.