Representative Richard Gentry filed a bill to amend Florida Statutes Sections 458.328 and 459.0138 which set standards for registration and operation of office surgery facilities. House Bill 309 would substantially revise the statutes regulating office surgery facilities. Perhaps of greatest impact would be the requirement that these facilities be inspected by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) and conform to the JCAHO standards for a stand-alone ambulatory surgery center and meet any other requirements set by JCAHO.
HB 309 would also:
- Require that a certified nurse anesthetist administer anesthesia.
- Mandate that all health professionals in the office be licensed or certified, with specific training in advanced cardiac life support.
- Require on-site defibrillator and other equipment.
- Limit office surgeries to regular hours, requiring critical care equipment on-site and adherence to surgical center standards.
- Require offices to report hospitalizations from office surgeries within 48 hours and maintain all related anesthesia and medication records.
- Prohibit a surgeon from performing a procedure on an immediate family member.
- Prohibit any office surgeries during structural renovations or refurbishments.
- Establish an oversight committee to monitor and report compliance violations.
- Mandate physicians to maintain medical malpractice insurance or prove financial responsibility of at least $1 million.
The proposed Effective Date is July 1, 2025 with no grandfather clause or ramp up period specified.
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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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