Public Hearing – Office Based Surgery

The Arkansas State Medical Board will hold a public hearing on Proposed Regulation 35, which establishes rules for physicians performing office based surgery. During the 2013 legislative session, AMS sponsored legislation that became Act 587.

Prior to Act 587, the Arkansas Department of Health had determined that office based surgery that involved general or IV anesthesia fell under the definition of outpatient surgery centers and thus required licensure by the Health Department. However, the licensure rules, in existence for many years, were written for “true” outpatient surgery centers and not intended to cover the private office of a physician, nor did many of the provisions make sense from a private clinic perspective. Act 587 removed office based surgery from the definition as long as third party payers are not being billed for facility fees. Act 587 also authorized and directed the State Medical Board to adopt rules that physicians must follow when performing office based surgery that involves the use of general or IV anesthesia. Over the past few months, AMS worked with several member physicians to draft and provide suggested language to the Medical Board.

Proposed Regulation 35 can be found on the Arkansas State Medical Board’s website. AMS encourages anyone performing office based surgery using general or IV anesthesia to review the rules and either let AMS know of any concerns or send public comments directly to the Medical Board.