As you may be aware, during its 2019 session the Florida Legislature passed a substantial revision to the State’s regulations concerning certain in-office surgical procedures. The new revision, SB 732 (the “Act”), amends 456.074, F.S. and adds 458.328 and 459.0139, F.S. (for allopathic and osteopathic physicians, respectively). Under the Act, certain liposuction procedures, Level II, and Level III office surgeries performed in a physician’s office that has registered with the Department of Health (an “Office”), unless the facility is in an acute care hospital or licensed abortion clinic. Among other things, the Statute also requires:

  • Each Office must designate a physician who is (i) responsible for that Office’s compliance with the requirements, (ii) has full, active and unencumbered licensure, (iii) and practices in that Office. (Note: The Statute does not indicate whether a physician can serve in this capacity for multiple Offices.)
  • Florida’s physician financial responsibility requirement is now extended to each Office.
  • Each physician who practices at an Office must notify the department in writing whenever they begin or end their practice at an Office.
  • The department is required to inspect each office annually and, if it finds an Office out of compliance, may not only revoke its registration, but also prevent its principals from performing office surgeries for as long as 5 years.
  • A physician who performs office surgeries outside of an Office, or other exempt facility, may be fined $5,000 per day. NOTE: It also is likely that physician will face disciplinary action by their licensing board and possible exclusion from participation in Medicare, Medicaid, and other Federal health care programs.
  • The Statute will become effective on January 1, 2020.

Stephen H. Siegel focuses his practice on assisting clients (primarily in the healthcare industry) achieve their goals while minimizing the associated business and legal risks. If you have any questions about SB 732 and how it can effect you or your practice feel free to contact Steve Siegel, shs@lubellrosen.com or 305.655.3425, if you would like a copy of SB 732.