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INAHTA IMPACT STORY: LEGISLATIVE AND ACCREDITATION REQUIREMENTS FOR OFFICE-BASED SURGERY IN AUSTRALIA

Published online by Cambridge University Press:  15 December 2017

David Tivey
Affiliation:
Royal Australasian College of [email protected]
Ning Ma
Affiliation:
Royal Australasian College of Surgeons
Joanna Duncan
Affiliation:
Royal Australasian College of Surgeons
Yasoba Atukorale
Affiliation:
Royal Australasian College of Surgeons
Robyn Lambert
Affiliation:
Royal Australasian College of Surgeons
Guy Maddern
Affiliation:
Royal Australasian College of Surgeons

Abstract

Background: There is growing trend for some surgical procedures previously performed in hospitals to be done in alternative settings, including office-based facilities. There has been some safety concerns reported in the media, which document serious adverse events following procedures performed in an office-based setting. To understand the current regulatory oversight of surgery in this setting ASERNIP-S conducted a review of the legislative and accreditation process governing these facilities in Australia.

Methods: Using rapid review methodology, internet searches targeted government Web sites for relevant publicly-available documents. Use of consolidated versions of legislative instruments ensured currency of information. Standards were sourced directly from the issuing authorities or those that oversee the accreditation process.

Results: Within Australia, healthcare facilities for surgery and their licensing are defined by each state and territory, which results in significant jurisdictional variation. These variations relate to the need for anesthesia beyond conscious sedation and listing of procedures in legislative instruments. In 2013, Australia adopted National Safety and Quality Health Service standards (NSQHS standards) for the accreditation of hospitals and day surgery centers; however, there is no NSQHS standard for office-based facilities. The main legislative driver for compliance is access to reimbursement schemes for service delivery.

Conclusions: The legislative and accreditation framework creates a situation whereby healthcare facilities that provide services outside the various legal definitions of surgery and those not covered by a reimbursement scheme, can operate without licensing and accreditation oversight. This situation exposes patients to potential increased risk of harm when receiving treatment in such unregulated facilities.

Type
Theme Submissions
Copyright
Copyright © Cambridge University Press 2017 

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References

REFERENCES

1. Bartholomeusz, FA. The need for regulation of office-based procedures. Med J Aust. 2012;196:492493.Google Scholar
2. Scott, S, Armitage, R. Cosmetic surgery crackdown in NSW to focus on breast implants, liposuction. ABC News. 2016. http://www.abc.net.au/news/2016-06-03/nsw-crackdown-on-high-risk-breast-implants-liposuction-surgery/7473782. (accessed November 11, 2016).Google Scholar
3. NSW Health. Cosmetic surgery and The Private Health Facilities Act 2007: The Regulation of Facilities Carrying Out Cosmetic Surgery Discussion Paper. 2015. http://www.health.nsw.gov.au/legislation/Documents/discussion-paper-cosmetic-surgery.pdf. (accessed December 18, 2015).Google Scholar
4. Australian Department of Health and Ageing. Private Hospital Data Collection Review – Final Report. Australian Government. 2011. http://www.health.gov.au/internet/main/publishing.nsf/Content/03BF91B8642E9FE7CA257BF0001BAEDD/$File/FINAL%20REPORT_KPMG_PHDC%20Review_7%20Oct%202011.pdf. (accessed December 14, 2015).Google Scholar
5. Australian Government. Australian Legislation Office of Parliamentary Counsel 2015. http://www.opc.gov.au/. (accessed December 22, 2015).Google Scholar
6. ACSQHC. National Safety and Quality Health Service Standards. Australian Commission on Safety and Quality in Health Care. 2012. https://www.safetyandquality.gov.au/wp-content/uploads/2011/09/NSQHS-Standards-Sept-2012.pdf. (accessed December 14, 2015).Google Scholar
7. University of Melbourne. Australian Guideline to Legal Citation. Melbourne University Law Review Association Inc. 2010. https://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf. (accessed November 11, 2015).Google Scholar
8. Private Health Facilities Regulation 2010. (NSW). r 5.Google Scholar
9. Private Health Facilities Act 1999. (Qld). ss 10(3)(a)(b).Google Scholar
10. Health Service Establishments Regulations 2011(S.R. 2011, No. 97). (Tas). r 5(2)(c).Google Scholar
11. Health Services (Private Hospitals and Day Procedures Centres) Regulations 2013 (No 113). (Vic). r5 (definition of surgical health services).Google Scholar
12. Private Health Facilities Act 1999. (Qld). s 10(3) (definition of simple sedation).Google Scholar
13. ACSQHC. Day Procedure Services Accreditation Workbook (October 2012). 2012.Google Scholar
14. ACSQHC. Hospital Accreditation Workbook. 2012.Google Scholar
15. Private Health Insurance Act 2007. (Cth). ss 121-5(5)-(8).Google Scholar
16. Private Health Insurance (Accreditation) Rules 2011. (Cth). rule 2.Google Scholar
17. NSW Government. Regulations currently under review. 2016. http://www.health.nsw.gov.au/legislation/Pages/regulations.aspx (accessed December 11, 2016).Google Scholar
18. Private Health Facilities Amendment (Cosmetic Surgery) Regulation 2016. (NSW).Google Scholar
19. RACS, ANZCA, & ASA. Day Surgery in Australia - Report and Recommendations of the Australian Day Surgery Council. 2004.Google Scholar
20. Medical Board of Australia. Medical Board issues guidelines on cosmetic medical and surgical procedures. 2016. http://www.medicalboard.gov.au/News/2016-05-09-media-statement.aspx. (accessed December 11, 2016).Google Scholar