AB 760

Under current law, a hospital must be licensed by the Department of Health

Services (DHS) to operate in this state. An ambulatory surgical center is not

required to be licensed to operate in this state, but must be approved by the federal

Department of Health and Human Services to receive reimbursement under the

federal Medicare program. An ambulatory surgical center is a distinct entity that

operates exclusively for the purpose of providing surgical services to patients not

requiring hospitalization.

This bill creates a licensing requirement for ambulatory surgical facilities

(ASFs), which are defined as places where major regional anesthesia, general

anesthesia, or moderate or deep sedation is produced in humans. The ASF licensing

requirement applies to health care facilities and health care provider offices, except

that hospitals, outpatient facilities operated by a hospital, and dentist's offices are

exempt from the licensing requirement. Under the bill, a facility or provider office

is eligible for an ASF license if it is approved as an ambulatory surgical center for

purposes of Medicare or is accredited by a national accrediting body. The bill requires

that if a person dies as a result of a complication in the administration of an

anesthetic or sedative at an ASF, the ASF must report the death to the examining

board responsible for accrediting the physician or nurse anesthetist that

administered the anesthetic or sedative.