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Chapter 2019-130, Laws of Florida was enacted earlier this year. It contained revisions to the statutory scheme regulating the performance of surgeries in offices as is permitted under Florida law. Effective on January 1, 2020, each office registered as providing office surgery must designate a physician who is responsible for the office’s compliance with the office health and safety requirements of Section 458.328, Florida Statutes (as to physicians), or 459.0138, Florida Statutes (as to osteopathic physicians). The designated physician must have a full active and unencumbered license as a physician or osteopathic physician and must practice at the office for which he or she has assumed responsibility. Each office performing Level II or Level III office surgeries or performing liposuction in which more than 1,000 cubic centimeters of supernatant fat is removed, must register with the Department unless the office is licensed as a facility, such as an ambulatory surgical center.

In addition, each office that registers must establish financial responsibility by demonstrating that it has met financial responsibility requirements in the same manner as applicable to physicians and osteopathic physicians.

As of the date of this summary, the Department of Health has not published a new application form. However, existing office surgery facilities must re-apply designating the responsible practitioner no later than January 1, 2020.

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This publication is for general information only. It is not legal advice, and legal counsel should be contacted before any action is taken that might be influenced by this publication.

About Gunster

Gunster, Florida’s law firm for business, provides full-service legal counsel to leading organizations and individuals from its 12 offices statewide. Established in 1925, the firm has expanded, diversified and evolved, but always with a singular focus: Florida and its clients’ stake in it. A magnet for business-savvy attorneys who embrace collaboration for the greatest advantage of clients, Gunster’s growth has not been at the expense of personalized service but because of it. The firm serves clients from its offices in Boca Raton, Fort Lauderdale, Jacksonville, Miami, Orlando, Palm Beach, Stuart, Tallahassee, Tampa, The Florida Keys, Vero Beach, and its headquarters in West Palm Beach. With nearly 200 attorneys and 200 committed support staff, Gunster is ranked among the National Law Journal’s list of the 500 largest law firms and has been recognized as one of the Top 100 Diverse Law Firms by Law360. More information about its practice areas, offices and insider’s view newsletters is available at www.gunster.com.

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