D.C. Law 25-99. Ambulatory Surgical Facility Amendment Act of 2023.
AN ACT
To amend the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983 to define the types of medical procedures that may be performed in an ambulatory surgical facility and to repeal the requirement that the regulations list all outpatient surgical procedures that may be performed in a facility licensed as an ambulatory surgical facility.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Ambulatory Surgical Facility Amendment Act of 2023".
Sec. 2. The Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, effective February 24, 1984 (D.C. Law 5-48; D.C. Official Code § 44-501 et seq.), is amended as follows:
(a) Section 2(a) (D.C. Official Code § 44-501(a)) is amended as follows:
(1) Paragraph (1) is amended to read as follows:
"(1) "Ambulatory surgery" means a surgical procedure performed in an ambulatory surgical facility requiring a period of post-operative observation of less than 24 hours and not requiring admission to a hospital following the procedure.".
(2) A new paragraph (1A) is added to read as follows:
"(1A) "Ambulatory surgical facility" means any facility, other than a hospital, dental office, or maternity center, but including an office-based facility, a physician outpatient surgery center, or a surgical facility connected to but physically separated from a hospital, at which ambulatory surgery is performed in either an operating room or procedure room.".
(3) New paragraphs (11A) and (11B) are added to read as follows:
"(11A) "Operating room" means a sterile room in a surgical suite that is designated and equipped for performing surgical operations or other invasive procedures that require a high level of asepsis control.
"(11B) "Procedure room" means a non-sterile room in which minor surgical procedures are performed.".
(4) A new paragraph (13A) is added to read as follows:
"(13A)(A) "Surgery" means the treatment or diagnosis of disease, injury, or other disorders by direct physical intervention involving:
"(I) Any instruments causing localized alteration or transposition of live human tissue, including lasers, ultrasound, ionizing radiation, scalpels, probes, metal knives, light knives, and needles;
"(ii) Injection of diagnostic or therapeutic substances into body cavities, internal organs, joints, sensory organs, and the central nervous system; or
"(iii) The cutting, burning, vaporization, freezing, suturing, probing, or manipulation of tissue by closed reductions for major dislocations or fractures, or otherwise altering tissue by mechanical, thermal, light-based, electromagnetic, or chemical means.
"(B) The term "surgery" does not include:
"(i) The administration of subcutaneous, intramuscular or intravenous injections by an authorized health professional;
"(ii) Topical treatments; or
"(iii) Generally non-invasive procedures which do not require an aseptic surgical field.".
(b) Section 5(h) (D.C. Official Code § 44-504(h)) is repealed.
Sec. 3. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 4. Effective date.
This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.
