An Act to Expand the Licensing of Outpatient Surgical Facilities

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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1254
H.P. 829 House of Representatives, March 25, 2025
An Act to Expand the Licensing of Outpatient Surgical Facilities
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative COLLINS of Sidney.
Cosponsored by Senator BRADSTREET of Kennebec and
Representatives: FLYNN of Albion, GRIFFIN of Levant, HAGGAN of Hampden,
HENDERSON of Rumford, PAUL of Winterport.

Page 1 - 132LR1986(01)
1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 22 MRSA §328, sub-§2, as enacted by PL 2001, c. 664, §2, is amended to
3 read:
42. Ambulatory surgical facility. "Ambulatory surgical facility" means a facility, not
5 part of a hospital, that provides surgical treatment to patients not requiring hospitalization.
6 "Ambulatory surgical facility" does not include the offices of private physicians or dentists,
7 whether in individual or group practice.
8Sec. 2. 22 MRSA §1812-E, sub-§1, as amended by PL 1991, c. 752, §1, is further
9 amended to read:
101. Definition. As used in this chapter, unless the context otherwise indicates,
11 "ambulatory surgical facility" means a facility with a primary purpose of providing elective
12 surgical care to a patient who is admitted to and discharged from the facility within the
13 same day. In order to meet this primary purpose, a facility must at least administer
14 anesthetic agents, maintain a sterile environment in a surgical suite and charge a facility
15 fee separate from the professional fee. "Ambulatory surgical facility" does not include:
16 A. A facility that is licensed as part of a hospital; or
17 B. A facility that provides services or accommodations for patients who stay
18 overnight; .
19 C. A facility existing for the primary purpose of performing terminations of
20 pregnancies; or
21 D. The private office of a physician or dentist in individual or group practice, unless
22 that facility or office is certified as a Medicare ambulatory surgical center.
23Sec. 3. 22 MRSA §7932, sub-§9, as enacted by PL 1999, c. 384, §13, is amended
24 to read:
259. Ambulatory surgical facility. "Ambulatory surgical facility" means a facility with
26 the primary purpose of providing elective surgical care to a patient who is admitted to and
27 discharged from the facility within the same day. In order to meet this primary purpose, a
28 facility must at least administer anesthetic agents, maintain a sterile environment in a
29 surgical suite and share charge a facility fee separate from the professional license fee.
30 "Ambulatory surgical facility" does not include:
31 A. A facility that is licensed as part of a hospital; or
32 B. A facility that provides services or accommodations for patients who stay
33 overnight; .
34 C. A facility existing for the primary purpose of performing terminations of
35 pregnancies; or
36 D. The private office of a physician or dentist in individual or group practice, unless
37 the office is certified as a Medicare ambulatory surgical center.
38SUMMARY
39 This bill modifies the definition of "ambulatory surgical facility" by removing language
40 that excludes the private office of a physician or dentist and a facility existing for the
39
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Page 2 - 132LR1986(01)
41 primary purpose of performing terminations of pregnancies. Under the bill, such a facility
42 is considered an ambulatory surgical facility and would be required to be licensed as such
43 if that facility's primary purpose is providing outpatient elective surgical care.
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