Effective January 1, 2012, California law will impose additional
requirements on the accreditation of ambulatory surgery centers.
The same bill, SB 100, also addresses the issue of physician
supervision of cosmetic laser procedures performed by
nonphysicians.
Licensure Limbo
For several years now, California surgery centers owned in whole
or in part by physicians have been in a licensure limbo.
Notwithstanding that California Health & Safety Code §
1204(b) provides: "physicians or dentists may, at their
option, apply for licensure" of a surgical clinic, even though
such clinics operated by physicians are not required to be
licensed, the California Department of Public Health has declined
to issue them licenses since early 2008. The DPH's position is
based on its interpretation of Capen v. Shewry (2007) 155
Cal.App.4th 378, which the DPH reads as completely removing from
its jurisdiction any ambulatory surgery center in California that
has any physician ownership.
