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Navigating Florida's Regulatory Maze: Office Surgery Registration Applicant Challenges

October 20, 2023
Est read time: 3 minutes

Florida, known for its bustling healthcare industry, is home to numerous medical professionals seeking to offer surgical procedures in the comfort of office surgery facilities. However, the path to obtaining an Office Surgery Registration in the Sunshine State is fraught with specific challenges. In this blog, we will explore the typical obstacles faced by applicants for Office Surgery Registration in Florida and provide insights into addressing these challenges effectively.

Office Surgery Facilities & the Complex Regulatory Landscape

Florida's regulatory framework for office surgery facilities is comprehensive, encompassing a wide range of requirements from facility standards to staff credentials. The state statutes, rules, and guidelines can be intricate, making it essential for applicants to have a deep understanding of the legal landscape.

Depending on the type of application submitted, the Department of Health (DOH) requires extensive information regarding the facility and staff. During the application process, applicants will be required to submit different details regarding the office surgery facility, including:

  • Business information
  • Personnel information including license numbers
  • Designated Physician’s information
  • Physician (Surgeon) information
  • Anesthesia details
  • Recovery personnel
  • Accreditation details
  • Inspection reports

Office Surgery Facilities | Accreditation and Inspections

Office surgery facilities are regulated and governed by Sections 458.328 and 459.0138 of the Florida Statutes, as well as rules and regulations promulgated by the Florida DOH and the Boards of Medicine and Osteopathic Medicine. The Department of Health requires that any office with an Office Surgery Registration be accredited by a nationally recognized accrediting agency or an accrediting organization recognized by the Boards. 

If the facility does not provide written notification to the DOH of current accreditation, the DOH must inspect the office surgery center at least once annually. When deficiencies are identified upon inspection, the DOH gives 30 days to submit a Corrective Action Plan (CAP). If the Corrective Action Plan is not submitted in a timely manner, the DOH will issue an administrative complaint. 

According to a law that recently became effective on July 1, 2023, if a facility applying for registration is not accredited, it must be inspected prior to being registered. This may yield delays in the registration process. If the facility fails the inspection, they must complete and submit a Corrective Action Plan. Failure to do the CAP and/or failure to fix all deficiencies found can result in denial of the application.  

Common Issues Discovered by Inspection

Common issues that arise during inspection by the DOH include the following:

• Improper documentation (surgical log, anesthesia records, pre- and post-operative records, etc.)

• Crash cart medications missing or expired

• No documented risk management program

• Facility staff not properly registered with the DOH

Registering your office surgery facility?

Concerned about the possibility of an inspection? Our legal team is here to help.

If you are a physician or facility owner and want to perform in-office procedures, or if you want to open an office surgery facility, you likely have many questions concerning the application process and the regulatory oversight by the DOH and the Boards of Medicine and Osteopathic Medicine.
Our Firm represents physicians and owners of office surgery facilities statewide. Our team of legal experts understands the DOH’s unique regulation and oversight of office surgery facilities. 

Our team has assisted current and prospective owners and physicians of office surgery facilities in obtaining and maintaining their registration with the DOH. We are experienced in working directly with DOH’s requirements, preparing the necessary documents, and meeting the timelines required. We will guide you throughout each step of this process and provide comprehensive advice along the way.

Have Questions? Let's Talk

Contact the law firm of Howell, Buchan & Strong at 850-877-7776 to set up a FREE no-obligation consultation. Our firm represents physicians, nurses, psychologists, and other licensed professionals statewide.
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