Florida Senate - 2018                              CS for SB 250
       By the Committee on Health Policy; and Senator Steube
       588-01807-18                                           2018250c1
    1                        A bill to be entitled                      
    2         An act relating to ambulatory surgical centers and
    3         mobile surgical facilities; amending s. 395.002, F.S.;
    4         revising the definition of the terms “ambulatory
    5         surgical center” and “mobile surgical facility”;
    6         amending s. 395.1055, F.S.; requiring the Agency for
    7         Health Care Administration, in consultation with the
    8         Board of Medicine and the Board of Osteopathic
    9         Medicine to adopt rules that establish requirements
   10         for practitioners and facilities related to the
   11         delivery of surgical care to children in ambulatory
   12         surgical centers, in accordance with specified
   13         standards; requiring that the rules establish minimum
   14         standards for certain pediatric patient care
   15         practices; specifying that ambulatory surgical centers
   16         may only provide certain procedures if authorized by
   17         agency rule; providing an effective date.
   19  Be It Enacted by the Legislature of the State of Florida:
   21         Section 1. Subsection (3) of section 395.002, Florida
   22  Statutes, is amended to read:
   23         395.002 Definitions.—As used in this chapter:
   24         (3) “Ambulatory surgical center” or “mobile surgical
   25  facility” means a facility the primary purpose of which is to
   26  provide elective surgical care, in which the patient is admitted
   27  to and discharged from such facility within 24 hours the same
   28  working day and is not permitted to stay overnight, and which is
   29  not part of a hospital. However, a facility existing for the
   30  primary purpose of performing terminations of pregnancy, an
   31  office maintained by a physician for the practice of medicine,
   32  or an office maintained for the practice of dentistry shall not
   33  be construed to be an ambulatory surgical center, provided that
   34  any facility or office which is certified or seeks certification
   35  as a Medicare ambulatory surgical center shall be licensed as an
   36  ambulatory surgical center pursuant to s. 395.003. Any structure
   37  or vehicle in which a physician maintains an office and
   38  practices surgery, and which can appear to the public to be a
   39  mobile office because the structure or vehicle operates at more
   40  than one address, shall be construed to be a mobile surgical
   41  facility.
   42         Section 2. Present subsections (3) through (10) of section
   43  395.1055, Florida Statutes, are redesignated as subsections (4)
   44  through (11), respectively, and a new subsection (3) is added to
   45  that section, to read:
   46         395.1055 Rules and enforcement.—
   47         (3)(a)The agency, in consultation with the Board of
   48  Medicine and the Board of Osteopathic Medicine, shall adopt
   49  rules that establish requirements for practitioners and
   50  facilities to ensure the safe and effective delivery of surgical
   51  care to children in ambulatory surgical centers. The rules must
   52  be consistent with the American College of Surgeons’ standards
   53  document entitled “Optimal Resources for Children’s Surgical
   54  Care” and must establish minimum standards for pediatric patient
   55  care treatment practices, including at least all of the
   56  following: surgical risk assessment; anesthetic care;
   57  resuscitation; transfer agreements; and training and
   58  certification requirements for pediatric health care providers.
   59         (b) Ambulatory surgical centers may provide operative
   60  procedures that require a length of stay past midnight on the
   61  day of surgery on children younger than 18 years of age only if
   62  the agency authorizes the performance of such procedures by
   63  rule.
   64         Section 3. This act shall take effect July 1, 2018.