Reusing Single-Dose Vials a 'Recurring Problem' in N.J. ASCs

An alarming number of ambulatory surgery centers in New Jersey are violating new CMS infection control standards by using single-dose medication vials on multiple patients, according to the New Jersey Department of Health and Senior Services.

The department put the non-compliance rate at 25% of the ASCs that it's inspecting, says Mark Manigan, a healthcare attorney with Brach Eichler, in an e-mail this afternoon. CMS's rules provide that violation of this standard results in an "immediate jeopardy" violation, says Mr. Manigan. "Further, if a facility violates this standard a second time, it will be prohibited from admitting patients until the department approves a plan of correction, including a monitoring plan," he says.

CMS recently revised its infection control standards due to a infection outbreak in Nevada that was traced to the use of single-dose medication vials on multiple patients. CMS's current standards prohibit multiple use. For example, says Mr. Manigan, if you didn't use an entire vial of propofol in a particular case, you can't use the remainder for the next case. "A single-dose vial can only be entered once," he says. "That's what makes it single use. The department is clearly focusing on this issue. I recommend that you review your policies and procedures to ensure compliance."

You can download a copy of CMS's new infection control survey tool here.

Dan O'Connor

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