To update the rule and office surgery registration form as required by recently enacted legislation.

 

DEPARTMENT OF HEALTH

Division of Medical Quality Assurance

RULE NO.:RULE TITLE:

64B-4.003Office Surgery Registration Requirements, Fees

PURPOSE AND EFFECT: To update the rule and office surgery registration form as required by recently enacted legislation.

SUMMARY: This rulemaking updates the rule and the registration form for office surgery centers as required by recently enacted legislation.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact on regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.004, 458.309(3), 459.005(2) FS.

LAW IMPLEMENTED: 456.0635, 458.309(3), 459.005(2) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Claudia Kemp, Executive Director, 4052 Bald Cypress Way, Bin C-03, Tallahassee, Florida 32399 or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B-4.003 Office Surgery Registration Requirements, Fees.

(1) Every physician’s office performing surgery as defined in Sections 458.328 458.309(3) and 459.0138 459.005(2), F.S., that is not licensed as a facility under chapter 390 or 395 must register with the Department of Health by submitting Form #DH-MQA 1031, Office Surgery Registration Application, effective for medical physicians, revised 08/2019 7/15, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-05904 or Form #DH-MQA 1071, Office Surgery Registration Application for osteopathic physicians, revised 7/15, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-05905.

(2) The registration fee shall be $145.00.

(3) The change of ownership fee shall be $145.00.

(4) The change of location fee shall be $145.00.

(5) The change in office surgery name fee shall be $25.00.

(6) There is no fee for registering a new designated physician, notifying the department of a change in inspection or accreditation, requesting to withdraw or close a registration, or reporting a change in the facility’s professional liability coverage. 

Rulemaking Authority 456.004, 458.309(3), 459.005(2) FS. Law Implemented 456.0635, 458.328(1)(a), 459.0138(1)(a)  458.309(3), 459.005(2) FS. History–New 7-12-04, Amended 5-16-06, 5-12-10, 5-9-12, 11-2-15,_______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Claudia Kemp

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott A. Rivkees, MD, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 16, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 23, 2019