59A-5.003. Licensure Procedure  

Effective on Wednesday, September 17, 2014
  • 1(1) In addition to the licensure requirements contained in 10Chapters 395, Part I and 408, Part II, 18F.S., all centers shall comply with the following:

    26(2) All persons requesting licensure for the operation of a center under the provisions of Chapter 395, F.S., shall make application to the Agency on 51Health Care Licensing Application, Ambulatory Surgical Centers, 58AHCA Form 3130-2001 July 2014, which is incorporated by reference. 68The form is available at: 73http://www.flrules.org/G74a75teway/reference.asp?No=Ref-04452 77and available from the Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop 31, Tallahassee, Florida 32308, or at the web address at: 101http://ahca.myflorida.com/HQAlicensureforms102. The center must obtain a standard license prior to the acceptance of patients for care or treatment.

    120(3) Each center applying for a license shall be designated by a distinctive name, and the name shall not be changed without first notifying the Agency and receiving approval in writing. Duplication of an existing center’s name is prohibited.

    159(4) 160In addition to the requirements found in Chapter 408, Part II, F.S., the 173following documents shall accompany the initial application:

    180(a) 181Proof of fictitious name registration if applicable;

    188(b) Articles of Incorporation 192or similarly titled document registered by the applicant with the Florida Department of State; 206and

    207(c) The center’s Zoning Certificate or proof of compliance with zoning requirements.

    219(5) The following documents shall be available for inspection at the center by the Agency area office at the initial licensure inspection:

    241(a) The governing board bylaws, rules and regulations, or other written organizational plan;

    254(b) Medical staff bylaws, rules and regulations;

    261(c) Roster of medical staff members;

    267(d) Nursing procedure manual;

    271(e) Roster of registered nurses and licensed practical nurses with current license numbers;

    284(f) The center’s fire plan; and

    290(g) The Comprehensive Emergency Management Plan pursuant to Rule 29959A-5.018, 300F.A.C.

    301(6) 302In addition to the requirements found in Chapter 408, Part II, F.S., all applications for a change of ownership 321shall include;

    323(a) A signed agreement with the Agency to correct physical plant deficiencies listed in the most recent licensure inspection that conforms to 345Florida Building Code;

    348(b) A copy of the closing documents, which must include an effective date and the signatures of both the buyer and the seller;

    371(c) Articles of Incorporation 375or similarly titled document registered by the applicant with the Florida Department of State;

    389(d) 390Proof of fictitious name registration if applicable;

    397(e) Evidence of payment of, or arrangement to pay, any liability to the state pursuant to Section 414395.003(3), F.S.

    416(7) A license fee of $1,679.82 for the operation of a center as established by Chapter 395, F.S., shall accompany an application for an initial, renewal or change of ownership license. The license fee shall be made payable to the Agency for Health Care Administration. No license shall be issued without payment of the requisite fee.

    473(8) All permanent additions to the constructed center’s operating room capacity occurring after the issuance of the initial license shall require a new application for licensure.

    499(9) Each license shall specifically state the number of operating rooms, 510procedure rooms, 512and recovery beds in the center.

    518(10) There shall not be multiple 524ambulatory surgical center 527licenses for 529the same premises532.

    533(11) Each center licensed under Chapter 395, F.S., shall establish an internal risk management program pursuant to Chapter 59A-10, F.A.C., as a part of its administrative function.

    560(12) Upon receipt of the 565required information in subsections (1) through (4) above, 573the Agency shall conduct 577a licensure inspection 580to determine compliance with Chapter 395, Part I, F.S. and Rules 59159A-5.002 592through 59359A-5.022, 594F.A.C.

    595(13) When a center is in compliance with Chapters 395, Part I and 408, Part II, F.S. and Rules 61459A-5.002 615through 61659A-5.022, 617F.A.C., and has received all approvals required by law, the Agency shall issue, a single license which identifies the licensee and the name and location of the center.

    645(14) Separate licenses shall not be required for separate buildings on the same grounds when used by the same center.

    665(15) A license issued to a center shall be revoked or denied by the Agency in any case where the Agency finds there has been substantial failure to comply with provisions of Chapter 395, Part I, F.S. or Chapter 59A-5, F.A.C.

    706(16) A licensee shall notify the Agency of impending closure of a center not less than 30 days prior to such closure. The center shall be responsible for advising the Agency as to the disposition of medical records.

    744Rulemaking Authority 746395.1055, 747408.819 FS. 749Law Implemented 751395.003, 752395.004, 753395.0161, 754395.1055, 755408.806, 756408.809, 757408.811 FS. 759History–New 6-14-78, Formerly 10D-30.03, Amended 2-3-88, Formerly 10D-30.003, Amended 11-13-95, 9-17-14.


Rulemaking Events:

Historical Versions(1)

Select effective date to view different version.