Healthcare Industry Representatives in the OR

​​​​Hospitals generally do not allow "outsiders" to be present in the OR. However, exceptions are frequently made for healthcare industry representatives, and the OR team often welcomes industry representatives for their knowledge of and experience with the equipment being used during procedures. Such reliance is especially prevalent with complex technology such as orthopedic and cardiac pacemaker implants and with new technology. However, surgeons and hospital staff are responsible for obtaining education and training on devices or equipment being used in the OR, and industry representatives should be present only to provide assistance.

Any hospital that allows someone who is neither an employee nor a medical staff member to participate directly or indirectly in a surgical procedure may risk liability—even if the procedure is a total success. Liability for failure to obtain consent (i.e., civil battery) is a possibility, because to prevail in this type of tort action the plaintiff need not show proof of damage, as is required for negligence actions. Failure to obtain patient consent may also lead to regulatory violations and, possibly, financial penalties. Hospitals must have policies and procedures in place that delineate the actions allowed and behavior required of healthcare industry representatives and other outsiders who are permitted to be present in the OR, such as visiting surgeons participating in a procedure.

To help healthcare organizations effectively manage industry representatives and other outsiders in the OR, ECRI has developed this training program to educate doctors and staff on the risks associated with allowing outsiders in the OR and the importance of following policies to minimize these risks. Feel free to copy, modify, or adapt any of the...