(a)

1. (1) Informed consent for the nature and objectives of the anesthesia planned and surgery to be performed should be in writing and obtained from patients before the procedure is performed.
2. (2) Informed consent should only be obtained after a discussion of the risks, benefits, and alternatives, and should be documented in the medical record.

(b)

1. (1) Each office shall have written protocols in place for the timely and safe transfer of the patients to a prespecified medical care facility within a reasonable proximity if extended or emergency services are needed.

2. (2) The protocols shall include one (1) of the following:

   1. (A) A plan for patient transfer to the specified medical care facility;
   2. (B) A transfer agreement with the specified medical care facility; or
   3. (C) A requirement that all physicians performing any office-based surgery have admitting privileges at the specified medical care facility.

(c) Each physician who performs any office-based surgery that results in any of the following quality indicators shall notify the Arkansas State Medical Board in writing within fifteen (15) calendar days following discovery of the event:

1. (1) The death of a patient during any office-based surgery or within seventy-two (72) hours thereafter;
2. (2) The transport of a patient to a hospital emergency department;
3. (3) The discovery of a foreign object erroneously remaining in a patient from an office-based surgery performed at that office; or
4. (4) The performance of the wrong surgical procedure, surgery on the wrong site, or surgery on the wrong patient.