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Florida Office Surgery Inspection: What Happens When Your Facility Fails?

November 2, 2023
Est read time: 3 minutes

What is an office surgery inspection? 

The Florida Department of Health (DOH) is responsible for regulating offices that perform surgery in the State of Florida as part of their Office Surgery Registration and Inspection Program. These offices, also known as office surgery centers or office-based surgery facilities, are required to be accredited by a nationally accrediting organization approved by the Boards of Medicine and Osteopathic Medicine by rule or undergo a DOH inspection. The DOH now requires all offices to undergo a pre-registration inspection regardless of accreditation.  Offices not accredited will undergo annual inspections.  

What happens during an office surgery inspection?

Pre-registration and annual inspections are essentially conducted the same way.  The role of a DOH Inspector is to ensure offices that perform surgery comply with all applicable laws and regulations, which can be voluminous, to ensure patient safety. Some of the areas Inspectors look for compliance include, but are not limited to the following, found in Rule 64B8-9.009, Florida Administrative Code:

  • Registered appropriately 
  • Designated physician 
  • Proper professional staff credentials 
  • Crash carts 
  • Risk management
  • Adverse incidents
  • Medical records 

What happens if deficiencies are found during the office surgery inspection? 

The DOH Inspector will contact the office to set up the inspection.  In certain circumstances though, DOH Inspectors can arrive to inspect without giving the office notice. Failure to allow the Inspector in the office to conduct the inspection could result in denial of registration or the filing of a complaint against the registered office. The inspection will include a review of many aspects of the office for compliance with the office surgery laws and rules. 

If deficiencies are found during the inspection, the Inspector will provide the office’s Designated Physician (DP) with a list of the deficiencies. The DP is required to sign that the list was received and that a corrective action plan (CAP) must be filed. A CAP is a document that must be filed with the DOH Inspector within a specified period of time that demonstrates the office has corrected all deficiencies found during the inspection. Some deficiencies require the DOH Inspector to conduct a re-inspection of the office. 

Failure to comply in any of these areas can result in the denial of an application for registration or the filing of an Administrative Complaint against a registered office as well as the DP for that office. 

Read More: Catch up in our latest blog entitled, Can an Office Surgery Registration be Disciplined?

Concerned about the newly required inspection? We are here to help. 

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 especially if you are a physician or facility owner who is concerned about:

  • An upcoming inspection
  • Recent deficiencies found during an office inspection
  • An Administrative Complaint you received

You're bound to have questions concerning the process and the regulatory oversight by the DOH and the Boards of Medicine and Osteopathic Medicine. 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. It's our goal to 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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