New Regulation for Office Based Surgery Transfer Agreement Requirements

Posted in Latest News on March 5, 2013.

Effective March 3, the Department will now also accept transfer agreements under contract between the hospital and facility from licensed hospitals within reasonable proximity in offices where the physician performing procedures does not have staff privileges, or a transfer agreement within 30 minutes proximity as required by rule 64B8-9.009(b)1.

Rule 64B8-9.009 with changes

  • (1) through (3) No change.
  • (4) Level II Office Surgery.
  • (a) No change.
  • (b) Standards for Level II Office Surgery.
    • 1. Transfer Agreement Required. The physician, or the facility where the procedure is being performed, must have a transfer agreement with a licensed hospital within reasonable proximity if the physician performing the procedure does not have staff privileges to perform the same procedure as that being performed in the out-patient setting at a licensed hospital within reasonable proximity. “Reasonable proximity” is defined as not to exceed thirty (30) minutes transport time to the hospital.
    • 2. through 4. No change.
  • (5) through (6) No change.

If your physician and/or office has been affected by these changes and you are not currently in compliance with the effective standards please take the necessary actions to ensure compliance and notify the Department by mail at Department of Health, P.O. Box 6320, Tallahassee, FL 32314-6320

For additional information please visit the Office Surgery Registration website at, e-mail LaShonda Cloud at, or fax LaShonda Cloud at 850-412-1296.

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