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.
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