NY health department can regulate office-based surgery
Ambulatory Safety Monitor, April 22, 2004
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The New York state Department of Health can regulate office-based surgeries even though the Legislature denied the agency that power, the state Court of Appeals ruled last month.
The state's high court ruled 6-1 that Health Commissioner Antonia Novello's guidelines restricting nurse anesthetists did not cause an in-fact injury, restricting nurse employment opportunities. Novello issued office-based surgery guidelines-including prohibiting nurse anesthetists from administering anesthesia unless a physician was present-without consent from the Legislature. The Legislature only gave the department regulatory jurisdiction over ambulatory centers and hospitals.
The Court of Appeals suggested that the case, New York State Association of Nurse Anesthetists v. Novello, could return to the court for a more definitive ruling in the future.
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