Anticipated Florida Office Surgery Rule Change Now in Effect

The Florida Boards of Medicine and Osteopathic Medicine meet regularly to discuss the Florida Office Surgery Program.  Sometimes, the members of the Joint Surgical Care and Quality Assurance Committee find it necessary to change the office surgery rule, which can happen at any time throughout the year.   Typically, issues have been brought to the Committee’s attention, and the members often address those issues by amending their office surgery rules.

Recently we posted to tell you about an office surgery rule amendment that was going into effect on March 2, 2026.  Today, the Florida Boards of Medicine and Osteopathic Medicine announced the rule amendment is effective.  This rule change addresses repeated deficiencies found during annual Department of Health (DOH) inspections.

Florida Office Surgery facilities undergo annual inspections by the DOH unless they are accredited by an approved accrediting agency.  If the Department conducts an inspection this year and finds deficiencies, the office surgery facility is required to complete a Corrective Action Plan (CAP) to demonstrate the facility has come into compliance with the deficiencies found during the inspection.  If the DOH inspector returns to conduct the annual inspection the following year, and finds the same deficiencies found in the previous year’s inspection, the facility will fail the inspection. In addition, and this is the new part, the facility and the designated physician may be referred to their respective Boards for disciplinary action, regardless of submission of a CAP.

Be prepared for your annual inspections by the DOH.  Passing the inspection the first time is more important than ever.  Attorneys at Howell, Buchan & Strong are experienced attorneys that can help you prepare for your annual inspection (as well as your pre-inspection if you are applying for an office surgery registration).  Call us today!