An Act to Expand the Licensing of Outpatient Surgical Facilities
Maine Legislature, Session 132, LD 1254
Committee: Health and Human Services
Sponsors: COLLINS, BRADSTREET
Amends: 22 MRSA §328, 22 MRSA §1812-E, 22 MRSA §7932

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.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §328, sub-§2, as enacted by PL 2001, c. 664, §2, is amended to 
read:
2.  Ambulatory surgical facility.  "Ambulatory surgical facility" means a facility, not 
part of a hospital, that provides surgical treatment to patients not requiring hospitalization. 
"Ambulatory surgical facility" does not include the offices of private physicians or dentists, 
whether in individual or group practice.
Sec. 2.  22 MRSA §1812-E, sub-§1, as amended by PL 1991, c. 752, §1, is further 
amended to read:
1.  Definition.  As used in this chapter, unless the context otherwise indicates, 
"ambulatory surgical facility" means a facility with a primary purpose of providing elective 
surgical care to a patient who is admitted to and discharged from the facility within the 
same day.  In order to meet this primary purpose, a facility must at least administer 
anesthetic agents, maintain a sterile environment in a surgical suite and charge a facility 
fee separate from the professional fee.  "Ambulatory surgical facility" does not include:
A.  A facility that is licensed as part of a hospital; or
B.  A facility that provides services or accommodations for patients who stay 
overnight;.
C.  A facility existing for the primary purpose of performing terminations of 
pregnancies; or
D.  The private office of a physician or dentist in individual or group practice, unless 
that facility or office is certified as a Medicare ambulatory surgical center.
Sec. 3.  22 MRSA §7932, sub-§9, as enacted by PL 1999, c. 384, §13, is amended 
to read:
9.  Ambulatory surgical facility.  "Ambulatory surgical facility" means a facility with 
the primary purpose of providing elective surgical care to a patient who is admitted to and 
discharged from the facility within the same day.  In order to meet this primary purpose, a 
facility must at least administer anesthetic agents, maintain a sterile environment in a 
surgical suite and share charge a facility fee separate from the professional license fee.  
"Ambulatory surgical facility" does not include:
A.  A facility that is licensed as part of a hospital; or
B.  A facility that provides services or accommodations for patients who stay 
overnight;.
C.  A facility existing for the primary purpose of performing terminations of 
pregnancies; or
D.  The private office of a physician or dentist in individual or group practice, unless 
the office is certified as a Medicare ambulatory surgical center.
SUMMARY
This bill modifies the definition of "ambulatory surgical facility" by removing language 
that excludes the private office of a physician or dentist and a facility existing for the 
primary purpose of performing terminations of pregnancies. Under the bill, such a facility 
is considered an ambulatory surgical facility and would be required to be licensed as such 
if that facility's primary purpose is providing outpatient elective surgical care.