551.21 Criteria for ambulatory surgery
(e) In obtaining informed consent, the practitioner performing the surgery shall be responsible for disclosure of: (1) The risks, benefits and alternatives associated with the anesthesia which will be administered. (2) The risks, benefits and alternatives associated with the procedure which will be performed. (3) The comparative risks, benefits and alternatives associated with performing the procedure in the ambulatory surgical facility instead of in a hospital.
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Observations:
Based on review of medical records (MR) and staff interview (EMP), it was determined the facility failed to ensure the comparative risks, benefits and alternatives associated with performing the procedure in the ambulatory surgical facility instead of in a hospital were included in obtaining informed consent for two of 10 medical records reviewed. (MR7, MR10)
Finding include:
1. Review of informed consent documents in MR7 and MR10 revealed no documentation that the comparative risks, benefits and alternatives associated with performing the procedure in the ambulatory surgical facility instead of in a hospital were included in the informed consent process.
2. Interview with EMP1 and EMP2 on April 18, 2024, confirmed the findings.
| | Plan of Correction - To be completed: 04/30/2024
The facility's failure to ensure the comparative risks, benefits, and alternatives associated with performing the procedure in an ambulatory surgical facility instead of a hospital will be addressed and corrected in the following manner:
The informed consent document that is reviewed by the surgeon at the time of surgical evaluation with the patient will be addended to include the verbiage: "By signing this consent, I agree that I have been informed of the comparative risks, benefits, and alternatives associated with performing the procedure at the Laurel Laser and Surgery Center, L.P. in Brookville, Pennsylvania, an ambulatory surgical facility instead of a hospital setting." The facility's name will be clearly stated at the top of the informed consent as well.
The Clinical Director/Administrator assumes responsibility of the development of the addended form by April 29, 2024, and will be presented to the Governing Body for approval on April 30, 2024.
The Clinical Director/Administrator assumes responsibility for implementation of the corrected form as well as the education of both Medical and clinical personnel, with supporting documentation, prior to May 13, 2024. Should non-compliance be identified, staff will be instructed to notify the Clinical Director/Administrator immediately, at which time, the Clinical Director/Administrator will determine the need for re-education and provision thereof. Non-compliance will be documented and be reported to the Governing Body. The Clinical Director/Administrator will monitor the compliance of the new form beginning on May 13, 2024. If the addended version of the informed consent is not signed prior to the date of surgery, it will be signed on the day of surgery by the surgeon, patient, and witness in the pre-operative area. 10 records per surgery day will be reviewed for complete documentation of the new form. This will be done for 30 days, or until 100% compliance is achieved. Results will be documented and reported to the Quality Improvement committee beginning on June 11, 2024.
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