Nothing in this rule relieves the surgeon of the
responsibility for making the medical determination that the office is an
appropriate forum for the particular procedure(s) to be performed on the
particular patient.
(1) Definitions.
(a) Surgery. For the purpose of this rule,
surgery is defined as any manual or operative procedure, including the use of
lasers, performed upon the body of a living human being for the purposes of
preserving health, diagnosing or curing disease, repairing injury, correcting
deformity or defects, prolonging life, relieving suffering or any elective
procedure for aesthetic, reconstructive or cosmetic purposes, to include, but
not be limited to: incision or curettage of tissue or an organ; suture or other
repair of tissue or organ, including a closed as well as an open reduction of a
fracture; extraction of tissue including premature extraction of the products
of conception from the uterus; insertion of natural or artificial implants; or
an endoscopic procedure with use of local or general anesthetic.
(b) Surgeon. For the purpose of this rule,
surgeon is defined as a licensed osteopathic physician performing any procedure
included within the definition of surgery.
(c) Equipment. For the purpose of this rule,
implicit within the use of the term of equipment is the requirement that the
specific item named must meet current performance standards according to
manufacturer's guidelines.
(d)
Office surgery.
1. For the purpose of this
rule office surgery is defined as surgery which is performed in an office
maintained by a physician for the practice of medicine where a surgeon performs
procedures as permitted by this rule and which is governed pursuant to Rule
64B15-14.0076, F.A.C., and
Section
459.0138, F.S. The physician's
office must be an office at which the surgeon regularly performs consultations
with surgical patients, pre-surgical examinations, and post-surgical care
related to the surgeries performed at the physician's office, and where patient
records are readily maintained and available. Office surgical procedures shall
not be of a type that generally result in blood loss of more than ten percent
of estimated blood volume in a patient with a normal hemoglobin; require major
or prolonged intracranial, intrathoracic, abdominal, or major joint replacement
procedures, except for laparoscopic procedures; involve major blood vessels
performed with direct visualization by open exposure of the major vessel,
except for percutaneous endovascular intervention; or are generally emergent or
life threatening in nature.
2. A
facility that meets the definition of an ambulatory surgical center as defined
in Section
395.002(3),
F.S., a hospital as defined in Section
395.002(12),
F.S., or an abortion clinic as defined in Section
390.011(2),
F.S., may not be registered as an office surgery facility under Rule
64B15-14.0076, F.A.C.
(e) Percutaneous endovascular
intervention. For the purpose of this rule percutaneous endovascular
intervention is defined as a procedure performed without open direct
visualization of the target vessel, requires only needle puncture of an artery
or vein followed by insertion of catheters, wires, or similar devices which are
then advanced through the blood vessels using imaging guidance. Once the
catheter reaches the intended location, various maneuvers to address the
diseased area may be performed which include, but are not limited to, injection
of contrast for imaging, treatment of vessels with angioplasty, atherectomy,
covered or uncovered stenting, intentionally occluding vessels or organs
(embolization), and delivering medications, radiation, or other energy such as
laser, radiofrequency, or cryo.
(f)
Major Blood Vessels. For the purpose of this rule, major blood vessels are
defined as a group of critical arteries and veins including the aorta, coronary
arteries, pulmonary arteries, superior and inferior vena cava, pulmonary veins,
and any intra-cerebral artery or vein.
(g) Pediatric patients are defined as those
patients who are 13 years of age or under.
(2) General Requirements for Office Surgery.
(a) The surgeon must examine the patient
immediately before the surgery to evaluate the risk of anesthesia and of the
surgical procedure to be performed. The surgeon may delegate the preoperative
heart lung evaluation to a qualified anesthesia provider within the scope of
the provider's practice and, if applicable, protocol. The surgeon must maintain
complete records of each surgical procedure, as set forth in Rule
64B15-15.004, F.A.C., including
anesthesia records, when applicable and the records shall contain written
informed consent from the patient reflecting the patient's knowledge of
identified risks, consent to the procedure, type of anesthesia and anesthesia
provider, and that a choice of anesthesia provider exists, i.e.,
anesthesiologist, anesthesiologist assistant, another appropriately trained
physician as provided in this rule, certified registered nurse anesthetist, or
physician assistant.
(b) The
requirement set forth in paragraph (2)(a), above, for written informed consent
is not necessary for minor Level I procedures limited to the skin and
mucosa.
(c) The surgeon must
maintain a log of all liposuction procedures where more than 1,000 cubic
centimeters of supernatant fat is removed, and Level II and Level III surgical
procedures performed, which must include a confidential patient identifier,
time of arrival in the operating suite, documentation of completion of the
medical clearance as performed by the anesthesiologist or the operating
physician, the surgeon's name, diagnosis, CPT Codes, patient ASA
classification, and the type of procedure, the level of surgery, the anesthesia
provider, the type of anesthesia used, the duration of the procedure, and any
adverse incidents, as identified in Section
459.026, F.S. If not documented
elsewhere in the patient record, the surgical log must note the type of
post-operative care, duration of recovery, disposition of the patient upon
discharge, and list of medications used during surgery, and recovery. The log
and all surgical records shall be provided to investigators of the Department
of Health upon request and must be maintained for six (6) years from the last
patient contact.
(d) In any
liposuction procedure, the surgeon is responsible for determining the
appropriate amount of supernatant fat to be removed from a particular patient.
A maximum of 4000 cc supernatant fat may be removed by liposuction in the
office setting. A maximum of 50mg/kg of Lidocaine can be injected for tumescent
liposuction in the office setting.
(e) Liposuction may be performed in
combination with another separate surgical procedure during a single Level II
or Level III operation, only in the following circumstances:
1. When combined with abdominoplasty,
liposuction may not exceed 1000 cc of supernatant fat,
2. When liposuction is associated and
directly related to another procedure, the liposuction may not exceed 1000cc of
supernatant fat,
3. Major
liposuction in excess of 1000 cc supernatant fat may not be performed in a
remote location from any other procedure.
(f) Standard of Care for Gluteal Fat
Grafting. When performing gluteal fat grafting procedures, fat may only be
injected into the subcutaneous space and must never cross the gluteal fascia.
Intramuscular or submuscular fat injections are prohibited.
(g) For elective cosmetic and plastic surgery
procedures performed in a physician's office, the maximum planned duration of
all surgical procedures combined must not exceed 8 hours. Except for elective
cosmetic and plastic surgery, the surgeon shall not keep patients past midnight
in a physician's office. For elective cosmetic and plastic surgical procedures,
the patient must be discharged within 24 hours of presenting to the office for
surgery; an overnight stay is permitted in the office provided the total time
the patient is at the office does not exceed 23 hours and 59 minutes including
the surgery time. An overnight stay in a physician's office for elective
cosmetic and plastic surgery shall be strictly limited to the physician' s
office. If the patient has not recovered sufficiently to be safely discharged
within the timeframes set forth, the patient must be transferred to a hospital
for continued post-operative care.
(h) The Board of Osteopathic Medicine adopts
the "Standards of the American Society of Anesthesiologists for Basic
Anesthetic Monitoring," approved by House Delegates on October 21, 1986, and
last amended on October 20, 2010, as the standards for anesthetic monitoring by
any qualified anesthesia provider.
1. These
standards apply to general anesthetics, regional anesthetics, and monitored
anesthesia care (Level II and III as defined by this rule) although, in
emergency circumstances, appropriate life support measures take precedence.
These standards may be exceeded at any time based on the judgment of the
responsible supervising physician or anesthesiologist. They are intended to
encourage quality patient care, but observing them cannot guarantee any
specific patient outcome. They are subject to revision from time to time, as
warranted by the evolution of technology and practice. This set of standards
addresses only the issue of basic anesthesia monitoring, which is one component
of anesthesia care.
2. In certain
rare or unusual circumstances some of these methods of monitoring may be
clinically impractical, and appropriate use of the described monitoring methods
may fail to detect untoward clinical developments. Brief interruptions of
continual monitoring may be unavoidable. For purpose of this rule, "continual"
is defined as "repeated regularly and frequently in steady rapid succession"
whereas "continuous" means "prolonged without any interruption at any
time."
3. Under extenuating
circumstances, the responsible supervising osteopathic physician or
anesthesiologist may waive the requirements marked with an asterisk (*); it is
recommended that when this is done, it should be so stated (including the
reasons) in a note in the patient's medical record. These standards are not
intended for the application to the care of the obstetrical patient in labor or
in the conduct of pain management.
a. Standard
I.
(I) Qualified anesthesia personnel shall be
present in the room throughout the conduct of all general anesthetics, regional
anesthetics and monitored anesthesia care.
(II) Objective. Because of the rapid changes
in patient status during anesthesia, qualified anesthesia personnel shall be
continuously present to monitor the patient and provide anesthesia care. In the
event there is a direct known hazard, e.g., radiation, to the anesthesia
personnel which might require intermittent remote observation of the patient,
some provision for monitoring the patient must be made. In the event that an
emergency requires the temporary absence of the person primarily responsible
for the anesthetic, the best judgment of the supervising physician or
anesthesiologist will be exercised in comparing the emergency with the
anesthetized patient's condition and in the selection of the person left
responsible for the anesthetic during the temporary absence.
b. Standard II.
(I) During all anesthetics, the patient's
oxygenation, ventilation, circulation and temperature shall be continually
evaluated.
(II) Oxygenation.
(A) Objective - To ensure adequate oxygen
concentration in the inspired gas and the blood during all
anesthetics.
(B) Methods:
(I) Inspired gas: During every administration
of general anesthesia using an anesthesia machine, the concentration of oxygen
in the patient breathing system shall be measured by an oxygen analyzer with a
low oxygen concentration limit alarm in use.*
(II) Blood oxygenation: During all
anesthetics, a quantitative method of assessing oxygenation such as a pulse
oximetry shall be employed.* When the pulse oximeter is utilized, the variable
pitch pulse tone and the low threshold alarm shall be audible to the qualified
anesthesia provider.*Adequate illumination and exposure of the patient are
necessary to assess color.*
(III)
Ventilation.
(A)
Objective - To ensure adequate ventilation of the patient during all
anesthetics.
(B) Methods:
(I) Every patient receiving general
anesthesia shall have the adequacy of ventilation continually evaluated.
Qualitative clinical signs such as chest excursion, observation of the
reservoir breathing bag and auscultation of breath sounds are useful. Continual
monitoring for the presence of expired carbon dioxide shall be performed unless
invalidated by the nature of the patient, procedure or equipment. Quantitative
monitoring of the volume of expired gas is strongly encouraged.*
(II) When an endotracheal tube or
supraglottic airway is inserted, its correct positioning must be verified by
clinical assessment and by identification of carbon dioxide in the expired gas.
Continual end-tidal carbon dioxide analysis, in use from the time of
endotracheal tube/supraglottic airway placement, until extubation/removal or
initiating transfer to a postoperative care location, shall be performed using
a quantitative method such as capnography, capnometry or mass spectroscopy.*
When capnography or capnometry is utilized, the end tidal carbon dioxide alarm
shall be audible to the qualified anesthesia provider.*
(III) When ventilation is controlled by a
mechanical ventilator, there shall be in continuous use a device that is
capable of detecting disconnection of components of the breathing system. The
device must give an audible signal when its alarm threshold is
exceeded.
(IV) During regional
anesthesia (with no seadation) or local anesthesia (with no sedation), the
adequacy of ventilation shall be evaluated by continual observation of
qualitative clinical signs. During moderate or deep sedation the adequacy of
ventiliation shall be evaluated by continual observation of qualitative
clinical signs. Monitoring for the presence of exhaled carbon dioxide is
recommended.
(V) Circulation.
(A) Objective - To ensure
the adequacy of the patient's circulatory function during all
anesthetics.
(B) Methods:
(I) Every patient receiving anesthesia shall
have the electrocardiogram continuously displayed from the beginning of
anesthesia until preparing to leave the anesthetizing location.*
(II) Every patient receiving anesthesia shall
have arterial blood pressure and heart rate determined and evaluated at least
every five minutes.*
(III) Every
patient receiving general anesthesia shall have, in addition to the above,
circulatory function continually evaluated by at least one of the following:
palpation of a pulse, auscultation of heart sounds, monitoring of a tracing of
intra-arterial pressure, ultrasound peripheral pulse monitoring, or pulse
plethysmography or oximetry.
(IV)
Body Temperature.
(A)
Objective - To aid in the maintenance of appropriate body temperature during
all anesthetics.
(B) Methods: Every
patient receiving anesthesia shall have temperature monitored when clinically
significant changes in body temperature are intended, anticipated or
suspected.
(i) The surgeon must assure that the
post-operative care arrangements made for the patient are adequate to the
procedure being performed as set forth in Rule
64B15-14.006, F.A.C. Management
of post-surgical care is the responsibility of the operating surgeon and may be
delegated only as set forth in subsection
64B15-14.006(3),
F.A.C. If there is an overnight stay at the office in relation to any surgical
procedure:
1. The office must provide at least
two (2) monitors, one of these monitors must be certified in Advanced Cardiac
Life Support (ACLS), and maintain a monitor to patient ratio of at least 1
monitor to 2 patients. Once the surgeon has signed a timed and dated discharge
order, the office may provide only one monitor to monitor the patient. The
monitor must be qualified by licensure to administer all of the medications
required on the crash cart and must be certified in Advanced Cardiac Life
Suport. The full and current crash cart required below must be present in the
office and immediately accessible for the monitors.
2. The surgeon must be reachable by telephone
and readily available to return to the office if needed. For purposes of this
subsection, "readily available" means capable of returning to the office within
15 minutes of receiving a call.
(j) A policy and procedure manual must be
maintained in the office, updated annually, and implemented. The policy and
procedure manual must contain the following: duties and responsibilities of all
personnel, quality assessment and improvement systems comparable to those
required by Rule
59A-5.019, F.A.C.; cleaning,
sterilization, and infection control, and emergency procedures. This applies
only to physician offices at which Level II and Level III procedures are
performed.
(k) The surgeon shall
establish a risk management program that includes the following components:
1. The identification, investigation, and
analysis of the frequency and causes of adverse incidents to
patients,
2. The identification of
trends or patterns of incidents,
3.
The development of appropriate measures to correct, reduce, minimize, or
eliminate the risk of adverse incidents to patients; and,
4. The documentation of these functions and
periodic review no less than quarterly of such information by the
surgeon.
(l) The surgeon
shall report to the Department of Health any adverse incidents that occur
within the office surgical setting. This report shall be made within 15 days
after the occurrence of an incident as required by Section
459.026, F.S.
(m) A sign must be prominently posted in the
office which states that the office is a doctor's office regulated pursuant to
the rules of the Board of Osteopathic Medicine as set forth in rule Division
64B15, F.A.C. This notice must also appear prominently within the required
patient informed consent.
(n) All
physicians performing office surgery must be qualified by education, training,
and experience to perform any procedure the physicians perform in the office
surgery setting.
(3)
Level I Office Surgery.
(a) Scope. Level I
office surgery includes 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 pre-operative tranquilization of
the patient.
2. Liposuction
involving the removal of less than 4000cc supernatant fat is
permitted.
3. Incision and drainage
of superficial abscesses, limited endoscopies such as proctoscopies, skin
biopsies, arthrocentesis, thoracentesis, paracentesis, dilation of urethra,
cysto-scopic procedures, and closed reduction of simple fractures or small
joint dislocations (i.e., finger and toe joints).
4. Anesthesia is limited to minimal sedation.
The patient's level of sedation is that of minimal sedation and anxiolysis and
the chances of complications requiring hospitalization are remote. Minimal
sedation and anxiolysis is a drug-induced state during which patients respond
normally to verbal commands. Although cognitive function and physical
coordination may be impaired, airway reflexes, and ventilatory and
cardiovascular functions are unaffected. Controlled substances, as defined in
Sections 893.02 and
893.03, F.S., are limited to
oral administration in doses appropriate for the unsupervised treatment of
insomnia, anxiety or pain.
5.
Chances of complication requiring hospitalization are remote.
(b) Standards for Level I Office
Surgery.
1. Training Required. Surgeon's
continuing medical education should include: proper dosages; management of
toxicity or hypersensitivity to regional anesthetic drugs. One assistant must
hold current certification in an American Heart Association, American Safety
and Health Institute, American Red Cross, or Pacific Medical Training approved
Basic Life Support course with didactic and skills components, and the surgeon
must hold current certification in an American Heart Association, American
Safety and Health Institute, or Pacific Medical Training approved Advanced
Cardiac Life Support course with didactic and skills components.
2. Equipment and Supplies Required.
Intravenous access, supplies, oxygen, oral airways, and a positive pressure
ventilation device shall be available in the office, along with the following
mediciations, stored per manufacturer's recommendations:
(a) Atropine 3 mg;
(b) Diphenhydramine 50 mg;
(c) Epinephrine 1 mg in 10 ml;
(d) Epinephrine 1 mg in 1 ml vial, 3 vials
total; and,
(e) Hydrocortisone 100
mg.
(f) If a benzodiazepine is
administered, Flumazenil 0.5 mg in 5 ml vial, 2 vials total; and,
(g) If an opiate is administered, Nalaxone
0.4 mg in 1 ml vial, 2 vials total.
3. When performing 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, physicans are exempt from subparagraphs
(3)(b)1. and 2., above. Current Basic Life Support certification is recommended
but not required.
4. Assistance of
Other Personnel Required. No other assistance is required, unless the specific
surgical procedure being performed requires an assistant.