Frequently Asked Questions

Welcome to the Florida Board of Medicine Help Center – an online tool for applicants, licensees, and the public to search and access our Frequently Asked Questions (FAQs), contact our office, and learn “how to” do business with the board.

What is office surgery?

Any surgical procedure performed in a physician’s office. See Rule 64B8-9.009(1)(d), F.A.C., for more information.

What are the laws and rules regulating office surgery in Florida?

Section 458.238, F.S. – Office Surgeries

Rule 64B-4.002, F.A.C. – Office Surgery Inspection Fee

Rule 64B-4.003, F.A.C. – Office Surgery Registration Requirements, Fees

Rule 64B8-9.009, F.A.C. – Standard of Care for Office Surgery

Rule 64B8-9.0091, F.A.C. – Requirement for Physician Office Registration; Inspection or Accreditation

Rule 64B8-9.0092, F.A.C. – Approval of Physician Office Accrediting Organizations

What are the different levels of office surgery?

Level I office surgeries (Rule 64B8-9.009(3), F.A.C.) include, but are not limited to, the following:

  1. Minor procedures such as excision of skin lesions, moles, warts, cysts, lipomas, and repair of lacerations or surgery limited to the skin and subcutaneous tissue performed under topical or local anesthesia not involving drug-induced alteration of consciousness other than minimal preoperative tranquilization of the patient.
  2. Liposuction involving the removal of less than 1000cc supernatant fat.
  3. Incision and drainage of superficial abscesses, limited endoscopies such as proctoscopies, skin biopsies, arthrocentesis, thoracentesis, paracentesis, dilation of urethra, cystoscopic procedures, and closed reduction of simple fractures or small joint dislocations (i.e., finger and toe joints).
  4. Anesthesia is local, topical, or none. There is no drug-induced alteration of consciousness other than minimal preoperative tranquilization of the patient.
  5. Chances of complications requiring hospitalization are remote.

Level II office surgeries (Rules 64B8-9.009(4) and (5), F.A.C.) include, but are not limited to, the following:

  1. Procedures during which perioperative medication and sedation are administered intravenously, intramuscularly, or rectally, thus making intra- and postoperative monitoring necessary.
  2. Hemorrhoidectomies, hernia repairs, reduction of simple fractures, large joint dislocations, breast biopsies, colonoscopies, and liposuction involving the removal of up to 4000cc supernatant fat.
  3. Surgeries in which the patient is placed in a state which allows the patient to tolerate unpleasant procedures while maintaining adequate cardiorespiratory function and the ability to respond purposefully to verbal command and/or tactile stimulation. Patients whose only response is reflex withdrawal from a painful stimulus are sedated to a greater degree than encompassed by this definition.

Level III office surgery (Rule 64B8-9.009(6), F.A.C.) is that surgery which involves, or reasonably should require, the use of general anesthesia or major conduction anesthesia and preoperative sedation. This includes, but is not limited to, the use of:

  1. Intravenous sedation beyond that defined for Level II office surgery. General anesthesia refers to a loss of consciousness and loss of vital reflexes with probable requirement of external support of pulmonary or cardiac functions or major conduction anesthesia.
  2. Only patients classified under the American Society of Anesthesiologist’s risk classification criteria as Class I or II are appropriate candidates to undergo Level III office surgery procedures.
How do I register to perform office surgery in a physician’s office?

Please print and fill out the Office Surgery Registration Application. Mail the completed application along with the required registration fee and all staff credentials to Department of Health, Post Office Box 6330, Tallahassee, FL 32314-6330.

How much is the office surgery registration fee?

The fee is $150. See Rule 64B-4.003(2), F.A.C., for more information.

How long does the registration process take?

Most registration applications can be processed and approved within 30 days of receiving a complete application. Incomplete applications will take longer to process.

What is required for a physician to serve as the Designated Physician at an office surgery facility?

To serve as a Designated Physician, a physician must have a current, active, and unencumbered license and practice medicine at the physician office where office surgeries are to be performed.

Is a Designated Physician required to perform office surgeries in order to serve as a Designated Physician?

No. However, before a Designated Physician can perform office surgeries, he or she must provide all necessary credentials to the Department of Health to demonstrated that he or she is qualified to be added to an office surgery registration. If a Designated Physician does not intend to perform office surgeries, he or she must provide a letter to the Department stating that he or she will practice medicine at the office surgery facility but will not perform office surgeries.

When should a physician register with the Office Surgery Registration and Inspection Program?

Every Florida licensed physician who holds an active Florida license and performs certain Level I or any Level II or Level III office surgeries in an office surgery facility registered in Florida must register with the Department of Health. It is the physician’s responsibility to ensure that every office in which he or she performs a regulated procedure is registered regardless of whether other physicians are practicing in the same office or whether the office is non-physician owned.

What kind of education, training, and background are required before a physician can perform office surgeries?

Physicians/surgeons are expected to perform only those surgeries they are competent to perform. Specific education requirements are listed in Rules 64B8-9.009(4)(b)2.a.b. and 64B8-9.009(6)(b)1.a.b., F.A.C.

Is a physician performing office surgery required to have staff privileges at a hospital?

Unless they are board certified or board eligible and are under a qualifying transfer agreement, physicians who perform Level II or Level III office-based surgeries must have staff privileges to perform the same procedures at a hospital licensed under section 395, F.S. See Rule 64B8-9.009(6)(b)1.a., F.A.C., for more information.

When is a transfer agreement required?

Among other requirements, a physician/surgeon performing Level II or Level III office surgeries needs either staff privileges to perform the same procedures at a licensed hospital or a qualifying transfer agreement with a licensed hospital within 30 minutes travel time. See Rule 64B8-9.009(4)(b)1., F.A.C., for more information.

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