Florida Senate - 2019                                     SB 732
       
       
        
       By Senator Flores
       
       
       
       
       
       39-00277A-19                                           2019732__
    1                        A bill to be entitled                      
    2         An act relating to office surgery; amending s.
    3         395.002, F.S.; revising the definition of the term
    4         “ambulatory surgical center” to remove the exclusion
    5         of physician offices; amending ss. 458.309 and
    6         459.005, F.S.; deleting provisions related to the
    7         registration and inspection of certain offices by the
    8         Department of Health and the payment for such
    9         registration and inspection, for the purpose of
   10         relocating the requirements; creating ss. 458.3266 and
   11         459.0138, F.S.; defining terms; relocating the
   12         requirements that a person who seeks to operate an
   13         office surgery center must register with the
   14         department and pay registration costs; providing an
   15         exception; requiring each office surgery center to
   16         identify to the department a designated physician upon
   17         registration or within a specified timeframe after the
   18         resignation or termination of a designated physician;
   19         authorizing the department to suspend a center’s
   20         certificate of registration under certain
   21         circumstances; requiring the department to issue a
   22         certificate of registration to qualified applicants
   23         and prohibiting the department from issuing a
   24         certificate to certain centers; requiring the
   25         department to revoke a certificate upon making a
   26         certain determination; requiring a designated
   27         physician of a center to perform certain actions upon
   28         the revocation or suspension of the center’s
   29         certificate and providing for the disposition of
   30         medicinal drugs; authorizing the department to
   31         prescribe a certain period of suspension when
   32         suspending the certificate of an office surgery
   33         center; prohibiting persons named in the registration
   34         documents of a center whose certificate was revoked
   35         from applying to operate a center for a specified
   36         time; prohibiting a registration from being
   37         transferred to a new owner and requiring a new owner
   38         to register the center with the department before
   39         beginning operation under the new ownership;
   40         prohibiting a physician from practicing medicine in a
   41         center that is not registered with the department;
   42         prohibiting a physician from performing certain
   43         procedures in a facility or office surgery center;
   44         requiring a physician who practices in a center to
   45         immediately notify the department of certain
   46         noncompliance; requiring a physician to notify the
   47         Board of Medicine or Board of Osteopathic Medicine,
   48         respectively, within a specified timeframe after
   49         beginning or ending his or her practice at a center;
   50         providing for disciplinary action; providing
   51         requirements for designated physicians; providing
   52         facility and infection control requirements for
   53         centers; specifying health and safety requirements;
   54         prohibiting performance of a level III procedure in a
   55         center unless an anesthesiologist is present and
   56         available; specifying that level III procedures may be
   57         performed only in a center on patients who meet
   58         certain conditions; establishing requirements for a
   59         surgeon to perform a level III procedure in a center;
   60         relocating the requirement that the department inspect
   61         each center for compliance annually unless the center
   62         is accredited by certain organizations; relocating the
   63         requirement that the person who registered and
   64         operates the center pay costs of inspection; requiring
   65         the Department of Health to attempt to resolve
   66         violations during the inspection of a center;
   67         requiring the owner or designated physician to
   68         document actions taken to resolve violations;
   69         requiring the department to verify correction of the
   70         violation during a subsequent inspection; authorizing
   71         the department to revoke a center’s certificate of
   72         registration and prohibit associated physicians from
   73         practicing at the center for failure to comply with
   74         certain provisions; authorizing the department to
   75         impose an administrative fine on a center for
   76         violations of specified provisions; requiring the
   77         department to consider specified factors in
   78         determining whether to impose a penalty or determining
   79         the amount of a fine to be imposed on a center;
   80         providing that each day a violation continues after
   81         the department orders its correction constitutes an
   82         additional violation; requiring the department to
   83         impose specified fines on an owner or a designated
   84         physician for operating an unregistered center;
   85         authorizing the department to adopt rules relating to
   86         the registration, inspection, and safety of centers;
   87         requiring the board to adopt rules specifying training
   88         requirements for certain center practitioners;
   89         republishing ss. 458.351 and 459.026, F.S., relating
   90         to reports of adverse incidents in office practice
   91         settings; providing an effective date.
   92          
   93  Be It Enacted by the Legislature of the State of Florida:
   94  
   95         Section 1. Subsection (3) of section 395.002, Florida
   96  Statutes, is amended to read:
   97         395.002 Definitions.—As used in this chapter:
   98         (3) “Ambulatory surgical center” means a facility the
   99  primary purpose of which is to provide elective surgical care,
  100  in which the patient is admitted to and discharged from such
  101  facility within the same working day and is not permitted to
  102  stay overnight, and which is not part of a hospital. However, a
  103  facility existing for the primary purpose of performing
  104  terminations of pregnancy, an office maintained by a physician
  105  for the practice of medicine, or an office maintained for the
  106  practice of dentistry may not be construed to be an ambulatory
  107  surgical center, provided that any facility or office which is
  108  certified or seeks certification as a Medicare ambulatory
  109  surgical center shall be licensed as an ambulatory surgical
  110  center pursuant to s. 395.003.
  111         Section 2. Subsection (3) of section 458.309, Florida
  112  Statutes, is amended to read:
  113         458.309 Rulemaking authority.—
  114         (3) A physician who performs liposuction procedures in
  115  which more than 1,000 cubic centimeters of supernatant fat is
  116  removed, level 2 procedures lasting more than 5 minutes, and all
  117  level 3 surgical procedures in an office setting must register
  118  the office with the department unless that office is licensed as
  119  a facility under chapter 395. The department shall inspect the
  120  physician’s office annually unless the office is accredited by a
  121  nationally recognized accrediting agency or an accrediting
  122  organization subsequently approved by the Board of Medicine. The
  123  actual costs for registration and inspection or accreditation
  124  shall be paid by the person seeking to register and operate the
  125  office setting in which office surgery is performed.
  126         Section 3. Section 458.3266, Florida Statutes, is created
  127  to read:
  128         458.3266Office surgery centers.—
  129         (1)DEFINITIONS.—As used in this section, the term:
  130         (a) “Deep sedation with analgesia” means a drug-induced
  131  depression of consciousness during which all of the following
  132  apply:
  133         1. The patient cannot be easily aroused but responds
  134  purposefully following repeated or painful stimulation.
  135         2. The patient’s ability to independently maintain
  136  ventilatory function may be impaired.
  137         3. The patient may require assistance in maintaining a
  138  patent airway, and spontaneous ventilation may be inadequate.
  139         4. The patient’s cardiovascular function is usually
  140  maintained.
  141         5. The patient’s reflex withdrawal from painful stimulus is
  142  not considered a purposeful response.
  143         (b)“Designated physician” means a physician licensed under
  144  this chapter or chapter 459 who practices at an office surgery
  145  center and who has assumed responsibility for the center’s
  146  compliance with this section and related board rules.
  147         (c) “General anesthesia” means a drug-induced loss of
  148  consciousness administered by an anesthesiologist or a certified
  149  registered nurse anesthetist during which all of the following
  150  apply:
  151         1. The patient is not able to be aroused, even by painful
  152  stimulation.
  153         2. The patients ability to independently maintain
  154  ventilatory function is often impaired.
  155         3. The patient has a level of depressed neuromuscular
  156  function.
  157         4. The patient may require assistance in maintaining a
  158  patent airway, and positive pressure ventilation is required.
  159         5. The patient’s cardiovascular function may be impaired.
  160         (d) “Level I procedure” includes procedures in which the
  161  patient’s level of sedation is that of minimal sedation, and
  162  controlled substances, as defined in ss. 893.02 and 893.03, are
  163  limited to oral administration in doses appropriate for the
  164  unsupervised treatment of insomnia, anxiety, or pain. The term
  165  includes:
  166         1.Minor procedures such as excision of skin lesions,
  167  moles, warts, cysts, and lipomas; repair of lacerations; or
  168  surgery limited to the skin and subcutaneous tissue performed
  169  under topical or regional anesthesia not involving drug-induced
  170  alteration of consciousness other than minimal preoperative
  171  tranquilization of the patient.
  172         2.The incision and drainage of superficial abscesses,
  173  limited endoscopies such as proctoscopies, skin biopsies,
  174  arthrocentesis, thoracentesis, paracentesis, dilation of
  175  urethra, cystoscopic procedures, and closed reduction of simple
  176  fractures or small joint dislocations, including, but not
  177  limited to, finger and toe joints.
  178         (e) “Level II procedure” includes any surgery in which the
  179  patient’s level of sedation is that of moderate sedation and
  180  analgesia or conscious sedation. The term includes, but is not
  181  limited to: hemorrhoidectomy, hernia repair, large joint
  182  dislocations, colonoscopy, and liposuction involving the removal
  183  of up to 1,000 cubic centimeters of supernatant fat.
  184         (f) “Level III procedure” includes any surgery in which the
  185  patient’s level of sedation is that of deep sedation with
  186  analgesia, general anesthesia, and spinal, regional, or epidural
  187  anesthesia.
  188         (g) “Minimal sedation” includes anxiolysis and means a
  189  drug-induced state during which all of the following apply:
  190         1. The patient may respond normally to verbal commands.
  191         2. The patient’s cognitive function and physical
  192  coordination may be impaired, while his or her airway reflexes,
  193  ventilation, and cardiovascular functions are unaffected.
  194         (h) “Moderate sedation with analgesia” or “conscious
  195  sedation” are both drug-induced depressions of consciousness and
  196  mean a state of consciousness during which all of the following
  197  apply:
  198         1. The patient responds purposefully to verbal commands,
  199  either alone or accompanied by light tactile stimulation.
  200         2. Interventions are not required to maintain a patent
  201  airway, and spontaneous ventilation is adequate.
  202         3. Cardiovascular function is maintained.
  203         4. Reflex withdrawal from a painful stimulus is not
  204  considered a purposeful response.
  205         (i) “Office surgery” means any manual or operative
  206  procedure, including by use of lasers, performed upon the body
  207  of a living human being for the purposes of preserving health,
  208  diagnosing or curing disease, repairing injury, correcting
  209  deformity or defects, prolonging life, or relieving suffering or
  210  any elective procedure for aesthetic, reconstructive, or
  211  cosmetic purposes, to include, but not be limited to: incision
  212  or curettage of tissue or an organ; suture or other repair of
  213  tissue or an organ, including both a closed and open reduction
  214  of a fracture; extraction of tissue, including premature
  215  extraction of the products of conception from the uterus;
  216  insertion of natural or artificial implants; or an endoscopic
  217  procedure with use of local or general anesthetic.
  218         (j)“Office surgery center” means any facility or office
  219  surgery setting, other than a facility licensed under chapter
  220  390 or chapter 395, where a physician performs any of the
  221  following surgical procedures:
  222         1. A level I procedure;
  223         2. A level II procedure lasting more than 5 minutes; or
  224         3. A level III procedure.
  225         (k) “Regional anesthesia” is a drug-induced loss of
  226  sensation in a circumscribed region of the body, produced by the
  227  application of a regional anesthetic, usually by injection. The
  228  term includes, but is not limited to, spinal, epidural, and
  229  specific nerve blocks.
  230         (l) “Surgery” or “surgical” means any manual or operative
  231  procedure, including the use of lasers, performed upon the body
  232  of a living human being for the purposes of preserving health,
  233  diagnosing or curing disease, repairing injury, correcting
  234  deformity or defects, prolonging life, or relieving suffering or
  235  any elective procedure for aesthetic, reconstructive, or
  236  cosmetic purposes. The term includes, but is not limited to, all
  237  of the following: incision or curettage of tissue or an organ;
  238  suture or other repair of tissue or an organ, including both a
  239  closed and an open reduction of a fracture; extraction of
  240  tissue, including premature extraction of the products of
  241  conception from the uterus; insertion of natural or artificial
  242  implants; or an endoscopic procedure with use of local,
  243  regional, or general anesthetic.
  244         (2)CERTIFICATE OF REGISTRATION.—
  245         (a)A person who seeks to operate an office surgery center
  246  must register the center with the department unless the center
  247  is affiliated with an accredited medical school at which
  248  training is provided for medical students, residents, or
  249  fellows.
  250         (b)Each office surgery center must be registered
  251  separately, regardless of whether it is operated under the same
  252  business name or management as another center. The actual costs
  253  of registration, as determined by the department, must be paid
  254  by the person seeking to register and operate the center.
  255         (c)At the time of registration and thereafter, each office
  256  surgery center shall identify to the department a designated
  257  physician. Within 10 days after the resignation or termination
  258  of its designated physician, a center shall identify to the
  259  department the new designated physician. The department may
  260  suspend a center’s certificate of registration for failure to
  261  comply with this paragraph.
  262         (d)The department shall issue a certificate of
  263  registration to a qualified applicant who is required to
  264  register under this section. The department may not issue a
  265  certificate of registration to an office surgery center that is:
  266         1.Not fully owned by a physician licensed under this
  267  chapter or chapter 459 or a group of physicians licensed under
  268  this chapter or chapter 459;
  269         2.Not a health care center licensed under part X of
  270  chapter 400; or
  271         3.Owned by or in any contractual or employment
  272  relationship with a physician licensed under this chapter or
  273  chapter 459 who:
  274         a.Has had his or her hospital privileges revoked in the
  275  last 5 years;
  276         b.Does not have a clear and active license with the
  277  department; or
  278         c.Has been the subject of disciplinary action in this
  279  state or in another jurisdiction in the last 5 years for an
  280  offense related to standard of care.
  281         (e)If the department determines that an office surgery
  282  center does not meet the requirements of paragraph (c) or is
  283  owned, directly or indirectly, by a physician whose privileges,
  284  license, or disciplinary status is identified in sub
  285  subparagraph (d)3.a., sub-subparagraph (d)3.b., or sub
  286  subparagraph (d)3.c., the department shall revoke the center’s
  287  certificate of registration.
  288         (f)If the center’s certificate of registration is revoked
  289  or suspended, the designated physician of the center shall
  290  ensure that, as appropriate, the owner or lessor of the center
  291  property, the manager, or the proprietor, as of the effective
  292  date of the suspension or revocation:
  293         1.Ceases to operate the facility as an office surgery
  294  center; and
  295         2.Removes any signs and symbols identifying the premises
  296  as an office surgery center.
  297         (g)Upon the effective date of the suspension or
  298  revocation, the designated physician of the office surgery
  299  center shall advise the department of the disposition of the
  300  medicinal drugs located on the premises. Such disposition is
  301  subject to the supervision and approval of the department.
  302  Medicinal drugs that are purchased or held by a center that is
  303  not registered may be deemed adulterated for purposes of s.
  304  499.006.
  305         (h)When the department suspends the registration of an
  306  office surgery center, it shall prescribe an appropriate period
  307  of suspension, not to exceed 2 years.
  308         (i)If the office surgery center’s registration is revoked,
  309  any person named in the registration documents of the center,
  310  including the persons who own or operate the center, may not
  311  apply, individually or as part of a group, to operate an office
  312  surgery center for a period of 5 years after the revocation
  313  date.
  314         (j)An office surgery center registration may not be
  315  transferred to a new owner. If the ownership of a registered
  316  office surgery center changes, the new owner must register the
  317  center with the department before beginning operation under the
  318  new ownership.
  319         (3)OFFICE SURGERY CENTER PHYSICIANS; DESIGNATED
  320  PHYSICIANS; PROHIBITION; REQUIREMENTS.—
  321         (a)1.A physician may not practice medicine in an office
  322  surgery center that is not registered with the department in
  323  compliance with this section.
  324         2.A physician may not perform surgical procedures in an
  325  office surgery center which may:
  326         a. Result in blood loss of more than 10 percent of
  327  estimated blood volume in a patient having a normal hemoglobin
  328  level;
  329         b. Require major or prolonged intracranial, intrathoracic,
  330  abdominal, or major joint replacement procedures, except for
  331  laparoscopic procedures; or
  332         c. Involve major blood vessels, when such procedure is
  333  performed with direct visualization by open exposure of the
  334  major vessel, except for percutaneous endovascular intervention;
  335  or are generally emergent or life threatening in nature.
  336         3. If a physician who practices in an office surgery center
  337  determines that the center is not in compliance with subsection
  338  (4), he or she must immediately notify the department of such
  339  noncompliance.
  340         4. A physician who practices in an office surgery center
  341  shall notify the board in writing within 10 days after beginning
  342  or ending his or her practice at the office surgery center.
  343  
  344  A physician who violates this paragraph is subject to
  345  disciplinary action by the board.
  346         (b)The designated physician of an office surgery center
  347  shall:
  348         1. Ensure that the center maintains an ongoing quality
  349  assurance program that objectively and systematically monitors
  350  and evaluates the quality and appropriateness of patient care,
  351  evaluates methods to improve patient care, identifies and
  352  corrects deficiencies at the facility, alerts the designated
  353  physician to identify and resolve recurring problems, and
  354  provides opportunities for the center to improve its performance
  355  and enhance and improve the quality of care provided to the
  356  public.
  357         2.Establish and document compliance with the quality
  358  assurance program which includes at least the following
  359  components:
  360         a.Identification, investigation, and analysis of the
  361  frequency and causes of incidents;
  362         b.Identification of trends or patterns of adverse
  363  incidents; and
  364         c.Development of measures to correct, reduce, minimize, or
  365  eliminate the risk of adverse incidents to patients.
  366         3.Review, at least quarterly, the quality assurance
  367  program.
  368         4.Report all adverse incidents to the department as
  369  provided in s. 458.351.
  370         5. Notify the applicable board in writing of his or her
  371  termination of employment within 10 days after such termination.
  372         (4)OFFICE SURGERY CENTERS; REQUIREMENTS.—An office surgery
  373  center must comply with the following requirements:
  374         (a)Facility requirements.—The office surgery center must:
  375         1.Be located and operated at a publicly accessible, fixed
  376  location.
  377         2.Display a sign that clearly identifies the name, hours
  378  of operation, and street address of the center. The sign must be
  379  prominently displayed in public view.
  380         3.Maintain and publicly list a telephone number.
  381         4.Provide emergency lighting and for emergency
  382  communications.
  383         5.Have a reception and waiting area.
  384         6.Have a restroom.
  385         7.Have an administrative area, including room for storage
  386  of medical records, supplies, and equipment.
  387         8.Have private patient examination rooms.
  388         9.Have treatment rooms, if treatment is being provided to
  389  the patients.
  390         10.Publicly display a visible printed sign in a
  391  conspicuous place in each waiting room which includes the name
  392  and contact information of the center’s designated physician and
  393  the names of all physicians practicing at the center.
  394         11.Comply with ss. 499.0121 and 893.07, if the center
  395  stores and dispenses prescription drugs.
  396         (b)Infection control requirements.—The center must:
  397         1.Maintain equipment and supplies to support infection
  398  prevention and control.
  399         2.Identify infection risks based on the following:
  400         a.Geographic location, community, and population served.
  401         b.The nature of the provided care, treatments, and
  402  services.
  403         c.An analysis of the center’s infection surveillance and
  404  control data.
  405         3.Maintain written infection prevention policies and
  406  procedures that address prioritized risks and limit the
  407  following:
  408         a.Unprotected exposure to pathogens.
  409         b.The transmission of infections associated with
  410  procedures performed at the center.
  411         c.The transmission of infections associated with the
  412  center’s use of medical equipment, devices, and supplies.
  413         (c)Health and safety requirements.—The center must:
  414         1.Maintain its structurally sound buildings and keep its
  415  grounds free from health and safety hazards.
  416         2. Keep its furniture, appliances, and equipment clean,
  417  safe, and in good repair.
  418         3.Have evacuation procedures in the event of an emergency.
  419  The procedures must provide for the evacuation of patients with
  420  disabilities and center employees.
  421         4.Have a written facility-specific disaster plan that
  422  specifies actions to be taken in the event of the center closing
  423  due to unforeseen disasters. The plan must provide for the
  424  protection of medical records and any controlled substances.
  425         5.Have at least one employee on the premises during
  426  patient care hours who is certified in basic life support and
  427  trained in reacting to accidents and medical emergencies.
  428         6. Have written emergency policies and procedures related
  429  to serious anesthesia complications which must be formulated,
  430  reviewed annually, practiced, updated, and posted in a
  431  conspicuous location. Such procedures must address all of the
  432  following conditions:
  433         a.Airway blockage and foreign body obstruction;
  434         b.Allergic reactions;
  435         c.Bradycardia;
  436         d.Bronchospasm;
  437         e.Cardiac arrest;
  438         f.Chest pain;
  439         g.Hypoglycemia;
  440         h.Hypotension;
  441         i.Hypoventilation;
  442         j.Laryngospasm;
  443         k.Local anesthetic toxicity reaction; and
  444         l.Malignant hyperthermia.
  445         (d)Equipment and supplies.The center must:
  446         1.Have the equipment and medications to properly manage
  447  and treat a cardiac incident or arrest, including a full and
  448  current crash cart with a defibrillator, and, at a minimum, the
  449  intravenous or inhaled medications recommended by the American
  450  Heart Association Guidelines for CPR & Emergency Cardiovascular
  451  Care, as published November 2018, at the location where the
  452  anesthetizing is being carried out.
  453         2. Store medicines per the manufacturer’s recommendations
  454  and note the date on multidose vials once they are opened.
  455         3. Maintain dantrolene on site if halogenated anesthetics
  456  or succinylcholine are used.
  457         4.In terms of general preparation, equipment, and
  458  supplies, be comparable to a freestanding ambulatory surgical
  459  center, including, but not limited to, patient recovery
  460  capability and provisions for proper recordkeeping.
  461         5.Have blood pressure monitoring equipment, EKG, end-tidal
  462  CO2 monitor, pulse oximeter, emergency intubation equipment, and
  463  a temperature monitoring device.
  464         6.Have at least one table capable of trendelenburg,
  465  lithotomy, and other positions necessary to facilitate the
  466  surgical procedure.
  467         (e)Level III office surgery requirements.
  468         1. A level III procedure may not be performed in an office
  469  surgery center unless an anesthesiologist, as defined in s.
  470  458.3475 or s. 459.023, is physically present at the center and
  471  available at the time of the procedure.
  472         2. For a center in which level III procedures are
  473  performed, either:
  474         a. The center must have a written patient transfer
  475  agreement with a hospital within reasonable proximity to the
  476  center which includes the transfer of the patient’s medical
  477  records held by the center and the treating physician to the
  478  licensed hospital; or
  479         b. The surgeon performing the level III procedure must have
  480  admitting privileges at a hospital within reasonable proximity
  481  to the center.
  482         3. Level III procedures may be performed only on a patient
  483  who is classified under the American Society of
  484  Anesthesiologists’ (ASA) Physical Status Classification System,
  485  as approved on October 15, 2014, as Class I or II.
  486         4. All ASA Class II patients above the age of 50 undergoing
  487  a level III office surgery procedure shall have a complete
  488  medical workup performed by the surgeon before the performance
  489  of level III surgery. If the patient has a cardiac history or
  490  has other complicating health conditions, he or she must have a
  491  preoperative EKG and be referred to an appropriate consultant
  492  for medical optimization of the complicating conditions. The
  493  referral to a consultant may be waived after evaluation by the
  494  anesthesiologist to administer or supervise the patient’s
  495  anesthesia.
  496         5.To perform a level III procedure in an office surgery
  497  center, the surgeon must have staff privileges at a licensed
  498  hospital to perform the same level III procedure in the hospital
  499  or must be able to document satisfactory completion of training,
  500  such as board certification or board qualification by a board
  501  approved by the American Board of Medical Specialties or any
  502  other board approved by the Board of Medicine.
  503         (5)INSPECTION.—
  504         (a)The department shall inspect each office surgery center
  505  annually, including a review of patient records, to ensure that
  506  the center complies with this section and board rule, unless the
  507  center is accredited by a nationally recognized accrediting
  508  agency or an accrediting organization subsequently approved by
  509  the board. The department also may inspect an office surgery
  510  center as necessary to investigate a notification of
  511  noncompliance made by a physician pursuant to subparagraph
  512  (3)(a)3.
  513         (b)The actual costs of inspection must be paid by the
  514  person who registered and operates the office surgery center.
  515         (c)During an onsite inspection, the department shall make
  516  a reasonable attempt to resolve each violation with the owner or
  517  designated physician of the office surgery center before issuing
  518  a formal written notification.
  519         (d)Any action taken to resolve a violation must be
  520  documented in writing by the owner or designated physician of
  521  the office surgery center and submitted to the department. The
  522  department must verify any correction of the violation in a
  523  subsequent inspection.
  524         (6)ENFORCEMENT.—
  525         (a)The department may revoke an office surgery center’s
  526  certificate of registration and prohibit all physicians
  527  associated with the center from practicing at the center for
  528  failure to comply with this section and rules adopted hereunder.
  529         (b)The department may impose an administrative fine of up
  530  to $5,000 per violation on an office surgery center for
  531  violations of this section; chapter 499, the Florida Drug and
  532  Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and
  533  Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Comprehensive Drug
  534  Abuse Prevention and Control Act; chapter 893, the Florida
  535  Comprehensive Drug Abuse Prevention and Control Act; or
  536  department rule.
  537         (c)In determining whether to impose a penalty on an office
  538  surgery center, and in determining the amount of any fine, the
  539  department shall consider all of the following factors:
  540         1.The gravity of the violation, including the probability
  541  that death or serious physical or emotional harm to a patient
  542  has resulted, or could have resulted, from the center’s actions
  543  or the actions of the physician; the gravity of the action or
  544  potential harm; and the nature of the violations of applicable
  545  laws or rules.
  546         2.Any actions taken by the owner or designated physician
  547  to correct the violation.
  548         3.Whether any previous violations were committed at the
  549  center.
  550         4.Any financial benefits derived by the center from
  551  committing or continuing to commit the violation.
  552         (d)Each day a violation continues after the date on which
  553  the department orders a correction of the violation constitutes
  554  an additional, separate, and distinct violation.
  555         (e)The department may impose a fine and, in the case of an
  556  owner-operated office surgery center, revoke or deny a center’s
  557  registration if the center’s designated physician knowingly and
  558  intentionally misrepresents actions taken to correct a
  559  violation.
  560         (f)The department shall impose a fine of $5,000 per day on
  561  an owner or designated physician of an office surgery center
  562  registered under this section who concurrently operates an
  563  unregistered center.
  564         (g)The department shall impose a fine of $10,000 on a new
  565  owner of an office surgery center that requires registration who
  566  fails to register the center upon the change of ownership and
  567  who operates the unregistered center.
  568         (7) RULEMAKING.—
  569         (a) The department may adopt rules to administer the
  570  registration, inspection, and safety of office surgery centers.
  571         (b) The board shall adopt rules specifying training
  572  requirements for all licensed or certified office surgery center
  573  health care practitioners and other health care practitioners
  574  who are not regulated by any board.
  575         Section 4. Section 458.351, Florida Statutes, is
  576  republished to read:
  577         458.351 Reports of adverse incidents in office practice
  578  settings.—
  579         (1) Any adverse incident that occurs on or after January 1,
  580  2000, in any office maintained by a physician for the practice
  581  of medicine which is not licensed under chapter 395 must be
  582  reported to the department in accordance with the provisions of
  583  this section.
  584         (2) Any physician or other licensee under this chapter
  585  practicing in this state must notify the department if the
  586  physician or licensee was involved in an adverse incident that
  587  occurred on or after January 1, 2000, in any office maintained
  588  by a physician for the practice of medicine which is not
  589  licensed under chapter 395.
  590         (3) The required notification to the department must be
  591  submitted in writing by certified mail and postmarked within 15
  592  days after the occurrence of the adverse incident.
  593         (4) For purposes of notification to the department pursuant
  594  to this section, the term “adverse incident” means an event over
  595  which the physician or licensee could exercise control and which
  596  is associated in whole or in part with a medical intervention,
  597  rather than the condition for which such intervention occurred,
  598  and which results in the following patient injuries:
  599         (a) The death of a patient.
  600         (b) Brain or spinal damage to a patient.
  601         (c) The performance of a surgical procedure on the wrong
  602  patient.
  603         (d)1. The performance of a wrong-site surgical procedure;
  604         2. The performance of a wrong surgical procedure; or
  605         3. The surgical repair of damage to a patient resulting
  606  from a planned surgical procedure where the damage is not a
  607  recognized specific risk as disclosed to the patient and
  608  documented through the informed-consent process
  609  
  610  if it results in: death; brain or spinal damage; permanent
  611  disfigurement not to include the incision scar; fracture or
  612  dislocation of bones or joints; a limitation of neurological,
  613  physical, or sensory function; or any condition that required
  614  the transfer of the patient.
  615         (e) A procedure to remove unplanned foreign objects
  616  remaining from a surgical procedure.
  617         (f) Any condition that required the transfer of a patient
  618  to a hospital licensed under chapter 395 from an ambulatory
  619  surgical center licensed under chapter 395 or any facility or
  620  any office maintained by a physician for the practice of
  621  medicine which is not licensed under chapter 395.
  622         (5) The department shall review each incident and determine
  623  whether it potentially involved conduct by a health care
  624  professional who is subject to disciplinary action, in which
  625  case s. 456.073 applies. Disciplinary action, if any, shall be
  626  taken by the board under which the health care professional is
  627  licensed.
  628         (6)(a) The board shall adopt rules establishing a standard
  629  informed consent form that sets forth the recognized specific
  630  risks related to cataract surgery. The board must propose such
  631  rules within 90 days after the effective date of this
  632  subsection.
  633         (b) Before formally proposing the rule, the board must
  634  consider information from physicians licensed under this chapter
  635  or chapter 459 regarding recognized specific risks related to
  636  cataract surgery and the standard informed consent forms adopted
  637  for use in the medical field by other states.
  638         (c) A patient’s informed consent is not executed until the
  639  patient, or a person authorized by the patient to give consent,
  640  and a competent witness sign the form adopted by the board.
  641         (d) An incident resulting from recognized specific risks
  642  described in the signed consent form is not considered an
  643  adverse incident for purposes of s. 395.0197 and this section.
  644         (e) In a civil action or administrative proceeding against
  645  a physician based on his or her alleged failure to properly
  646  disclose the risks of cataract surgery, a patient’s informed
  647  consent executed as provided in paragraph (c) on the form
  648  adopted by the board is admissible as evidence and creates a
  649  rebuttable presumption that the physician properly disclosed the
  650  risks.
  651         (7) The board may adopt rules to administer this section.
  652         Section 5. Section 459.005, Florida Statutes, is amended to
  653  read:
  654         459.005 Rulemaking authority.—
  655         (1) The board has authority to adopt rules pursuant to ss.
  656  120.536(1) and 120.54 to implement the provisions of this
  657  chapter conferring duties upon it.
  658         (2) A physician who performs liposuction procedures in
  659  which more than 1,000 cubic centimeters of supernatant fat is
  660  removed, level 2 procedures lasting more than 5 minutes, and all
  661  level 3 surgical procedures in an office setting must register
  662  the office with the department unless that office is licensed as
  663  a facility under chapter 395. The department shall inspect the
  664  physician’s office annually unless the office is accredited by a
  665  nationally recognized accrediting agency or an accrediting
  666  organization subsequently approved by the Board of Osteopathic
  667  Medicine. The actual costs for registration and inspection or
  668  accreditation shall be paid by the person seeking to register
  669  and operate the office setting in which office surgery is
  670  performed.
  671         Section 6. Section 459.0138, Florida Statutes, is created
  672  to read:
  673         459.0138Office surgery centers.—
  674         (1)DEFINITIONS.—As used in this section, the term:
  675         (a) “Deep sedation with analgesia” means a drug-induced
  676  depression of consciousness during which all of the following
  677  apply:
  678         1. The patient cannot be easily aroused but responds
  679  purposefully following repeated or painful stimulation.
  680         2. The patient’s ability to independently maintain
  681  ventilatory function may be impaired.
  682         3. The patient may require assistance in maintaining a
  683  patent airway, and spontaneous ventilation may be inadequate.
  684         4. The patient’s cardiovascular function is usually
  685  maintained.
  686         5. The patient’s reflex withdrawal from painful stimulus is
  687  not considered a purposeful response.
  688         (b)“Designated physician” means a physician licensed under
  689  this chapter or chapter 458 who practices at an office surgery
  690  center and who has assumed responsibility for the center’s
  691  compliance with this section and related board rules.
  692         (c) “General anesthesia” means a drug-induced loss of
  693  consciousness administered by an anesthesiologist or a certified
  694  registered nurse anesthetist during which all of the following
  695  apply:
  696         1. The patient is not able to be aroused, even by painful
  697  stimulation.
  698         2. The patients ability to independently maintain
  699  ventilatory function is often impaired.
  700         3. The patient has a level of depressed neuromuscular
  701  function.
  702         4. The patient may require assistance in maintaining a
  703  patent airway, and positive pressure ventilation is required.
  704         5. The patient’s cardiovascular function may be impaired.
  705         (d) “Level I procedure” includes procedures in which the
  706  patient’s level of sedation is that of minimal sedation, and
  707  controlled substances, as defined in ss. 893.02 and 893.03, are
  708  limited to oral administration in doses appropriate for the
  709  unsupervised treatment of insomnia, anxiety, or pain. The term
  710  includes:
  711         1.Minor procedures such as excision of skin lesions,
  712  moles, warts, cysts, and lipomas; repair of lacerations; or
  713  surgery limited to the skin and subcutaneous tissue performed
  714  under topical or regional anesthesia not involving drug-induced
  715  alteration of consciousness other than minimal preoperative
  716  tranquilization of the patient.
  717         2.The incision and drainage of superficial abscesses,
  718  limited endoscopies such as proctoscopies, skin biopsies,
  719  arthrocentesis, thoracentesis, paracentesis, dilation of
  720  urethra, cystoscopic procedures, and closed reduction of simple
  721  fractures or small joint dislocations, including, but not
  722  limited to, finger and toe joints.
  723         (e) “Level II procedure” includes any surgery in which the
  724  patient’s level of sedation is that of moderate sedation and
  725  analgesia or conscious sedation. The term includes, but is not
  726  limited to: hemorrhoidectomy, hernia repair, large joint
  727  dislocations, colonoscopy, and liposuction involving the removal
  728  of up to 1,000 cubic centimeters of supernatant fat.
  729         (f) “Level III procedure” includes any surgery in which the
  730  patient’s level of sedation is that of deep sedation with
  731  analgesia, general anesthesia, and spinal, regional, or epidural
  732  anesthesia.
  733         (g) “Minimal sedation” includes anxiolysis and means a
  734  drug-induced state during which all of the following apply:
  735         1. The patient may respond normally to verbal commands.
  736         2. The patient’s cognitive function and physical
  737  coordination may be impaired, while his or her airway reflexes,
  738  ventilation, and cardiovascular functions are unaffected.
  739         (h) “Moderate sedation with analgesia” or “conscious
  740  sedation” are both drug-induced depressions of consciousness and
  741  mean a state of consciousness during which all of the following
  742  apply:
  743         1. The patient responds purposefully to verbal commands,
  744  either alone or accompanied by light tactile stimulation.
  745         2. Interventions are not required to maintain a patent
  746  airway, and spontaneous ventilation is adequate.
  747         3. Cardiovascular function is maintained.
  748         4. Reflex withdrawal from a painful stimulus is not
  749  considered a purposeful response.
  750         (i) “Office surgery” means any manual or operative
  751  procedure, including by use of lasers, performed upon the body
  752  of a living human being for the purposes of preserving health,
  753  diagnosing or curing disease, repairing injury, correcting
  754  deformity or defects, prolonging life, or relieving suffering or
  755  any elective procedure for aesthetic, reconstructive, or
  756  cosmetic purposes, to include, but not be limited to: incision
  757  or curettage of tissue or an organ; suture or other repair of
  758  tissue or an organ, including both a closed and open reduction
  759  of a fracture; extraction of tissue, including premature
  760  extraction of the products of conception from the uterus;
  761  insertion of natural or artificial implants; or an endoscopic
  762  procedure with use of local or general anesthetic.
  763         (j)“Office surgery center” means any facility or office
  764  surgery setting, other than a facility licensed under chapter
  765  390 or chapter 395, where a physician performs any of the
  766  following surgical procedures:
  767         1. A level I procedure;
  768         2. A level II procedure lasting more than 5 minutes; or
  769         3. A level III procedure.
  770         (k) “Regional anesthesia” is a drug-induced loss of
  771  sensation in a circumscribed region of the body, produced by the
  772  application of a regional anesthetic, usually by injection. The
  773  term includes, but is not limited to, spinal, epidural, and
  774  specific nerve blocks.
  775         (l) “Surgery” or “surgical” means any manual or operative
  776  procedure, including the use of lasers, performed upon the body
  777  of a living human being for the purposes of preserving health,
  778  diagnosing or curing disease, repairing injury, correcting
  779  deformity or defects, prolonging life, or relieving suffering or
  780  any elective procedure for aesthetic, reconstructive, or
  781  cosmetic purposes. The term includes, but is not limited to, all
  782  of the following: incision or curettage of tissue or an organ;
  783  suture or other repair of tissue or an organ, including both a
  784  closed and an open reduction of a fracture; extraction of
  785  tissue, including premature extraction of the products of
  786  conception from the uterus; insertion of natural or artificial
  787  implants; or an endoscopic procedure with use of local,
  788  regional, or general anesthetic.
  789         (2)CERTIFICATE OF REGISTRATION.—
  790         (a)A person who seeks to operate an office surgery center
  791  must register the center with the department unless the center
  792  is affiliated with an accredited medical school at which
  793  training is provided for medical students, residents, or
  794  fellows.
  795         (b)Each office surgery center must be registered
  796  separately, regardless of whether it is operated under the same
  797  business name or management as another center. The actual costs
  798  of registration, as determined by the department, must be paid
  799  by the person seeking to register and operate the center.
  800         (c)At the time of registration and thereafter, each office
  801  surgery center shall identify to the department a designated
  802  physician. Within 10 days after the resignation or termination
  803  of its designated physician, a center shall identify to the
  804  department the new designated physician. The department may
  805  suspend a center’s certificate of registration for failure to
  806  comply with this paragraph.
  807         (d)The department shall issue a certificate of
  808  registration to a qualified applicant who is required to
  809  register under this section. The department may not issue a
  810  certificate of registration to an office surgery center that is:
  811         1.Not fully owned by a physician licensed under this
  812  chapter or chapter 458 or a group of physicians licensed under
  813  this chapter or chapter 458;
  814         2.Not a health care center licensed under part X of
  815  chapter 400; or
  816         3.Owned by or in any contractual or employment
  817  relationship with a physician licensed under this chapter or
  818  chapter 458 who:
  819         a.Has had his or her hospital privileges revoked in the
  820  last 5 years;
  821         b.Does not have a clear and active license with the
  822  department; or
  823         c.Has been the subject of disciplinary action in this
  824  state or in another jurisdiction in the last 5 years for an
  825  offense related to standard of care.
  826         (e)If the department determines that an office surgery
  827  center does not meet the requirements of paragraph (c) or is
  828  owned, directly or indirectly, by a physician whose privileges,
  829  license, or disciplinary status is identified in sub
  830  subparagraph (d)3.a., sub-subparagraph (d)3.b., or sub
  831  subparagraph (d)3.c., the department shall revoke the center’s
  832  certificate of registration.
  833         (f)If the center’s certificate of registration is revoked
  834  or suspended, the designated physician of the center shall
  835  ensure that, as appropriate, the owner or lessor of the center
  836  property, the manager, or the proprietor, as of the effective
  837  date of the suspension or revocation:
  838         1.Ceases to operate the facility as an office surgery
  839  center; and
  840         2.Removes any signs and symbols identifying the premises
  841  as an office surgery center.
  842         (g)Upon the effective date of the suspension or
  843  revocation, the designated physician of the office surgery
  844  center shall advise the department of the disposition of the
  845  medicinal drugs located on the premises. Such disposition is
  846  subject to the supervision and approval of the department.
  847  Medicinal drugs that are purchased or held by a center that is
  848  not registered may be deemed adulterated for purposes of s.
  849  499.006.
  850         (h)When the department suspends the registration of an
  851  office surgery center, it shall prescribe an appropriate period
  852  of suspension, not to exceed 2 years.
  853         (i)If the office surgery center’s registration is revoked,
  854  any person named in the registration documents of the center,
  855  including the persons who own or operate the center, may not
  856  apply, individually or as part of a group, to operate an office
  857  surgery center for a period of 5 years after the revocation
  858  date.
  859         (j)An office surgery center registration may not be
  860  transferred to a new owner. If the ownership of a registered
  861  office surgery center changes, the new owner must register the
  862  center with the department before beginning operation under the
  863  new ownership.
  864         (3)OFFICE SURGERY CENTER PHYSICIANS; DESIGNATED
  865  PHYSICIANS; PROHIBITION; REQUIREMENTS.—
  866         (a)1.A physician may not practice medicine in an office
  867  surgery center that is not registered with the department in
  868  compliance with this section.
  869         2.A physician may not perform surgical procedures in an
  870  office surgery center which may:
  871         a. Result in blood loss of more than 10 percent of
  872  estimated blood volume in a patient having a normal hemoglobin
  873  level;
  874         b. Require major or prolonged intracranial, intrathoracic,
  875  abdominal, or major joint replacement procedures, except for
  876  laparoscopic procedures; or
  877         c. Involve major blood vessels, when such procedure is
  878  performed with direct visualization by open exposure of the
  879  major vessel, except for percutaneous endovascular intervention;
  880  or are generally emergent or life threatening in nature.
  881         3. If a physician who practices in an office surgery center
  882  determines that the center is not in compliance with subsection
  883  (4), he or she must immediately notify the department of such
  884  noncompliance.
  885         4. A physician who practices in an office surgery center
  886  shall notify the board in writing within 10 days after beginning
  887  or ending his or her practice at the office surgery center.
  888  
  889  A physician who violates this paragraph is subject to
  890  disciplinary action by the board.
  891         (b)The designated physician of an office surgery center
  892  shall:
  893         1. Ensure that the center maintains an ongoing quality
  894  assurance program that objectively and systematically monitors
  895  and evaluates the quality and appropriateness of patient care,
  896  evaluates methods to improve patient care, identifies and
  897  corrects deficiencies at the facility, alerts the designated
  898  physician to identify and resolve recurring problems, and
  899  provides opportunities for the center to improve its performance
  900  and enhance and improve the quality of care provided to the
  901  public.
  902         2.Establish and document compliance with the quality
  903  assurance program which includes at least the following
  904  components:
  905         a.Identification, investigation, and analysis of the
  906  frequency and causes of incidents;
  907         b.Identification of trends or patterns of adverse
  908  incidents; and
  909         c.Development of measures to correct, reduce, minimize, or
  910  eliminate the risk of adverse incidents to patients.
  911         3.Review, at least quarterly, the quality assurance
  912  program.
  913         4.Report all adverse incidents to the department as
  914  provided in s. 459.026.
  915         5. Notify the applicable board in writing of his or her
  916  termination of employment within 10 days after such termination.
  917         (4)OFFICE SURGERY CENTERS; REQUIREMENTS.—An office surgery
  918  center must comply with the following requirements:
  919         (a)Facility requirements.—The office surgery center must:
  920         1.Be located and operated at a publicly accessible, fixed
  921  location.
  922         2.Display a sign that clearly identifies the name, hours
  923  of operation, and street address of the center. The sign must be
  924  prominently displayed in public view.
  925         3.Maintain and publicly list a telephone number.
  926         4.Provide emergency lighting and for emergency
  927  communications.
  928         5.Have a reception and waiting area.
  929         6.Have a restroom.
  930         7.Have an administrative area, including room for storage
  931  of medical records, supplies, and equipment.
  932         8.Have private patient examination rooms.
  933         9.Have treatment rooms, if treatment is being provided to
  934  the patients.
  935         10.Publicly display a visible printed sign in a
  936  conspicuous place in each waiting room which includes the name
  937  and contact information of the center’s designated physician and
  938  the names of all physicians practicing at the center.
  939         11.Comply with ss. 499.0121 and 893.07, if the center
  940  stores and dispenses prescription drugs.
  941         (b)Infection control requirements.—The center must:
  942         1.Maintain equipment and supplies to support infection
  943  prevention and control.
  944         2.Identify infection risks based on the following:
  945         a.Geographic location, community, and population served.
  946         b.The nature of the provided care, treatments, and
  947  services.
  948         c.An analysis of the center’s infection surveillance and
  949  control data.
  950         3.Maintain written infection prevention policies and
  951  procedures that address prioritized risks and limit the
  952  following:
  953         a.Unprotected exposure to pathogens.
  954         b.The transmission of infections associated with
  955  procedures performed at the center.
  956         c.The transmission of infections associated with the
  957  center’s use of medical equipment, devices, and supplies.
  958         (c)Health and safety requirements.—The center must:
  959         1.Maintain its structurally sound buildings and keep its
  960  grounds free from health and safety hazards.
  961         2. Keep its furniture, appliances, and equipment clean,
  962  safe, and in good repair.
  963         3.Have evacuation procedures in the event of an emergency.
  964  The procedures must provide for the evacuation of patients with
  965  disabilities and center employees.
  966         4.Have a written facility-specific disaster plan that
  967  specifies actions to be taken in the event of the center closing
  968  due to unforeseen disasters. The plan must provide for the
  969  protection of medical records and any controlled substances.
  970         5.Have at least one employee on the premises during
  971  patient care hours who is certified in basic life support and
  972  trained in reacting to accidents and medical emergencies.
  973         6. Have written emergency policies and procedures related
  974  to serious anesthesia complications which must be formulated,
  975  reviewed annually, practiced, updated, and posted in a
  976  conspicuous location. Such procedures must address all of the
  977  following conditions:
  978         a.Airway blockage and foreign body obstruction;
  979         b.Allergic reactions;
  980         c.Bradycardia;
  981         d.Bronchospasm;
  982         e.Cardiac arrest;
  983         f.Chest pain;
  984         g.Hypoglycemia;
  985         h.Hypotension;
  986         i.Hypoventilation;
  987         j.Laryngospasm;
  988         k.Local anesthetic toxicity reaction; and
  989         l.Malignant hyperthermia.
  990         (d)Equipment and supplies.The center must:
  991         1.Have the equipment and medications to properly manage
  992  and treat a cardiac incident or arrest, including a full and
  993  current crash cart with a defibrillator, and, at a minimum, the
  994  intravenous or inhaled medications recommended by the American
  995  Heart Association Guidelines for CPR & Emergency Cardiovascular
  996  Care, as published November 2018, at the location where the
  997  anesthetizing is being carried out.
  998         2. Store medicines per the manufacturer’s recommendations
  999  and note the date on multidose vials once they are opened.
 1000         3. Maintain dantrolene on site if halogenated anesthetics
 1001  or succinylcholine are used.
 1002         4.In terms of general preparation, equipment, and
 1003  supplies, be comparable to a freestanding ambulatory surgical
 1004  center, including, but not limited to, patient recovery
 1005  capability and provisions for proper recordkeeping.
 1006         5.Have blood pressure monitoring equipment, EKG, end-tidal
 1007  CO2 monitor, pulse oximeter, emergency intubation equipment, and
 1008  a temperature monitoring device.
 1009         6.Have at least one table capable of trendelenburg,
 1010  lithotomy, and other positions necessary to facilitate the
 1011  surgical procedure.
 1012         (e)Level III office surgery requirements.
 1013         1. A level III procedure may not be performed in an office
 1014  surgery center unless an anesthesiologist, as defined in s.
 1015  458.3475 or s. 459.023, is physically present at the center and
 1016  available at the time of the procedure.
 1017         2. For a center in which level III procedures are
 1018  performed, either:
 1019         a. The center must have a written patient transfer
 1020  agreement with a hospital within reasonable proximity to the
 1021  center which includes the transfer of the patient’s medical
 1022  records held by the center and the treating physician to the
 1023  licensed hospital; or
 1024         b. The surgeon performing the level III procedure must have
 1025  admitting privileges at a hospital within reasonable proximity
 1026  to the center.
 1027         3. Level III procedures may be performed only on a patient
 1028  who is classified under the American Society of
 1029  Anesthesiologists’ (ASA) Physical Status Classification System,
 1030  as approved on October 15, 2014, as Class I or II.
 1031         4. All ASA Class II patients above the age of 50 undergoing
 1032  a level III office surgery procedure shall have a complete
 1033  medical workup performed by the surgeon before the performance
 1034  of level III surgery. If the patient has a cardiac history or
 1035  has other complicating health conditions, he or she must have a
 1036  preoperative EKG and be referred to an appropriate consultant
 1037  for medical optimization of the complicating conditions. The
 1038  referral to a consultant may be waived after evaluation by the
 1039  anesthesiologist to administer or supervise the patient’s
 1040  anesthesia.
 1041         5.To perform a level III procedure in an office surgery
 1042  center, the surgeon must have staff privileges at a licensed
 1043  hospital to perform the same level III procedure in the hospital
 1044  or must be able to document satisfactory completion of training,
 1045  such as board certification or board qualification by a board
 1046  approved by the American Board of Medical Specialties or any
 1047  other board approved by the Board of Medicine.
 1048         (5)INSPECTION.—
 1049         (a)The department shall inspect each office surgery center
 1050  annually, including a review of patient records, to ensure that
 1051  the center complies with this section and board rule, unless the
 1052  center is accredited by a nationally recognized accrediting
 1053  agency or an accrediting organization subsequently approved by
 1054  the board. The department also may inspect an office surgery
 1055  center as necessary to investigate a notification of
 1056  noncompliance made by a physician pursuant to subparagraph
 1057  (3)(a)3.
 1058         (b)The actual costs of inspection must be paid by the
 1059  person who registered and operates the office surgery center.
 1060         (c)During an onsite inspection, the department shall make
 1061  a reasonable attempt to resolve each violation with the owner or
 1062  designated physician of the office surgery center before issuing
 1063  a formal written notification.
 1064         (d)Any action taken to resolve a violation must be
 1065  documented in writing by the owner or designated physician of
 1066  the office surgery center and submitted to the department. The
 1067  department must verify any correction of the violation in a
 1068  subsequent inspection.
 1069         (6)ENFORCEMENT.—
 1070         (a)The department may revoke an office surgery center’s
 1071  certificate of registration and prohibit all physicians
 1072  associated with the center from practicing at the center for
 1073  failure to comply with this section and rules adopted hereunder.
 1074         (b)The department may impose an administrative fine of up
 1075  to $5,000 per violation on an office surgery center for
 1076  violations of this section; chapter 499, the Florida Drug and
 1077  Cosmetic Act; 21 U.S.C. ss. 301-392, the Federal Food, Drug, and
 1078  Cosmetic Act; 21 U.S.C. ss. 821 et seq., the Comprehensive Drug
 1079  Abuse Prevention and Control Act; chapter 893, the Florida
 1080  Comprehensive Drug Abuse Prevention and Control Act; or
 1081  department rule.
 1082         (c)In determining whether to impose a penalty on an office
 1083  surgery center, and in determining the amount of any fine, the
 1084  department shall consider all of the following factors:
 1085         1.The gravity of the violation, including the probability
 1086  that death or serious physical or emotional harm to a patient
 1087  has resulted, or could have resulted, from the center’s actions
 1088  or the actions of the physician; the gravity of the action or
 1089  potential harm; and the nature of the violations of applicable
 1090  laws or rules.
 1091         2.Any actions taken by the owner or designated physician
 1092  to correct the violation.
 1093         3.Whether any previous violations were committed at the
 1094  center.
 1095         4.Any financial benefits derived by the center from
 1096  committing or continuing to commit the violation.
 1097         (d)Each day a violation continues after the date on which
 1098  the department orders a correction of the violation constitutes
 1099  an additional, separate, and distinct violation.
 1100         (e)The department may impose a fine and, in the case of an
 1101  owner-operated office surgery center, revoke or deny a center’s
 1102  registration if the center’s designated physician knowingly and
 1103  intentionally misrepresents actions taken to correct a
 1104  violation.
 1105         (f)The department shall impose a fine of $5,000 per day on
 1106  an owner or designated physician of an office surgery center
 1107  registered under this section who concurrently operates an
 1108  unregistered center.
 1109         (g)The department shall impose a fine of $10,000 on a new
 1110  owner of an office surgery center that requires registration who
 1111  fails to register the center upon the change of ownership and
 1112  who operates the unregistered center.
 1113         (7) RULEMAKING.—
 1114         (a) The department may adopt rules to administer the
 1115  registration, inspection, and safety of office surgery centers.
 1116         (b) The board shall adopt rules specifying training
 1117  requirements for all licensed or certified office surgery center
 1118  health care practitioners and other health care practitioners
 1119  who are not regulated by any board.
 1120         Section 7. Section 459.026, Florida Statutes, is
 1121  republished to read:
 1122         459.026 Reports of adverse incidents in office practice
 1123  settings.—
 1124         (1) Any adverse incident that occurs on or after January 1,
 1125  2000, in any office maintained by an osteopathic physician for
 1126  the practice of osteopathic medicine which is not licensed under
 1127  chapter 395 must be reported to the department in accordance
 1128  with the provisions of this section.
 1129         (2) Any osteopathic physician or other licensee under this
 1130  chapter practicing in this state must notify the department if
 1131  the osteopathic physician or licensee was involved in an adverse
 1132  incident that occurred on or after January 1, 2000, in any
 1133  office maintained by an osteopathic physician for the practice
 1134  of osteopathic medicine which is not licensed under chapter 395.
 1135         (3) The required notification to the department must be
 1136  submitted in writing by certified mail and postmarked within 15
 1137  days after the occurrence of the adverse incident.
 1138         (4) For purposes of notification to the department pursuant
 1139  to this section, the term “adverse incident” means an event over
 1140  which the physician or licensee could exercise control and which
 1141  is associated in whole or in part with a medical intervention,
 1142  rather than the condition for which such intervention occurred,
 1143  and which results in the following patient injuries:
 1144         (a) The death of a patient.
 1145         (b) Brain or spinal damage to a patient.
 1146         (c) The performance of a surgical procedure on the wrong
 1147  patient.
 1148         (d)1. The performance of a wrong-site surgical procedure;
 1149         2. The performance of a wrong surgical procedure; or
 1150         3. The surgical repair of damage to a patient resulting
 1151  from a planned surgical procedure where the damage is not a
 1152  recognized specific risk as disclosed to the patient and
 1153  documented through the informed-consent process
 1154  
 1155  if it results in: death; brain or spinal damage; permanent
 1156  disfigurement not to include the incision scar; fracture or
 1157  dislocation of bones or joints; a limitation of neurological,
 1158  physical, or sensory function; or any condition that required
 1159  the transfer of the patient.
 1160         (e) A procedure to remove unplanned foreign objects
 1161  remaining from a surgical procedure.
 1162         (f) Any condition that required the transfer of a patient
 1163  to a hospital licensed under chapter 395 from an ambulatory
 1164  surgical center licensed under chapter 395 or any facility or
 1165  any office maintained by a physician for the practice of
 1166  medicine which is not licensed under chapter 395.
 1167         (5) The department shall review each incident and determine
 1168  whether it potentially involved conduct by a health care
 1169  professional who is subject to disciplinary action, in which
 1170  case s. 456.073 applies. Disciplinary action, if any, shall be
 1171  taken by the board under which the health care professional is
 1172  licensed.
 1173         (6)(a) The board shall adopt rules establishing a standard
 1174  informed consent form that sets forth the recognized specific
 1175  risks related to cataract surgery. The board must propose such
 1176  rules within 90 days after the effective date of this
 1177  subsection.
 1178         (b) Before formally proposing the rule, the board must
 1179  consider information from physicians licensed under chapter 458
 1180  or this chapter regarding recognized specific risks related to
 1181  cataract surgery and the standard informed consent forms adopted
 1182  for use in the medical field by other states.
 1183         (c) A patient’s informed consent is not executed until the
 1184  patient, or a person authorized by the patient to give consent,
 1185  and a competent witness sign the form adopted by the board.
 1186         (d) An incident resulting from recognized specific risks
 1187  described in the signed consent form is not considered an
 1188  adverse incident for purposes of s. 395.0197 and this section.
 1189         (e) In a civil action or administrative proceeding against
 1190  a physician based on his or her alleged failure to properly
 1191  disclose the risks of cataract surgery, a patient’s informed
 1192  consent executed as provided in paragraph (c) on the form
 1193  adopted by the board is admissible as evidence and creates a
 1194  rebuttable presumption that the physician properly disclosed the
 1195  risks.
 1196         (7) The board may adopt rules to administer this section.
 1197         Section 8. This act shall take effect July 1, 2019.
 1198