He was proactive in changing the way his office conducted pain injections, which are considered an invasive procedure.
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Ganesh Balu, a pain management physician with the Comprehensive Spine Center, said that when the regulations were being formulated some physicians actually asked for the state to conduct regular inspections so they would know how to set up their offices according to code. "But that is going to be a problem because that is going to require money or staffing."ĭr. "They need to go in and inspect," Gilbert added.
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Under Delaware law, officials can make unannounced inspections at any facility that performs invasive medical procedures if the office receives a complaint by a current employee or patient, upon the occurrence of an adverse event and based on a referral from the state Division of Professional Regulation.Īn "adverse event" can be characterized as many things such as the death or serious injury of any patient at a facility or if the health department has reasonably determined that serious injury or death may result from unsafe or unsanitary practices and if a criminal investigation is initiated stemming from any diagnosis, treatment or other medical care at a facility. She compared the process to drop-in food safety inspections. The best way is to have some sort of monitoring system," she said. However, even under the current law the state cannot conduct regular inspections of the facilities, something that Deirdre Gilbert, director of the National Medical Malpractice Advocacy Association, said should be a natural next step. Officials would not confirm whether the patient was 19-year-old Bryana Ryan Neel who The News Journal reported died in 2009 of an accidental adverse drug reaction to a nerve-block injection. The state said a patient associated with a spinal procedure at a pain management facility died prior to 2011. "We would not have had any authority to investigate these complaints. "These regulations allow us to ensure that invasive medical procedures are performed in a safe and sanitary environment." "We did not know what the conditions of those facilities were," said Corinna Getchell, director of the state Office of Health Facilities Licensing and Certification. There are currently 45 facilities licensed and accredited to perform such procedures including dental, gastrointestinal and pain management offices. Prior to 2011 the Delaware Department of Health and Social Services had no authority to investigate complaints about facilities that perform invasive medical procedures. Invasive medical procedure are those in which the accepted standard of practice requires anesthesia and per a provision in 2015, includes all surgical abortions. One podiatry clinic, Mow Foot and Ankle Center, has been permanently closed. The state Health Department has investigated 12 cases involving anesthesia in Delaware clinics and closed four of them in the last five years, which officials say is a sign that a law governing the procedure is working.
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