Many existing office-based surgical centers in Massachusetts will soon be required to obtain a new type of healthcare facility license. Massachusetts Gov. Maura Healey signed House Bill No. 5159 into law on Jan. 8, 2025, which, among other things, requires the Department of Public Health (DPH) to establish regulations and practice standards for certain licensing of office-based surgical centers. DPH is required to issue proposed regulations by Oct. 1, 2025.
Under the new legislation, facilities owned, leased or operated by at least one practitioner will need to obtain a license prior to conducting any liposuction procedure or any procedure requiring 1) general anesthesia, 2) moderate sedation or 3) deep sedation. Hospitals, ambulatory surgical centers or surgical centers performing abortions (all of which are already required to maintain a DPH license) are not required to obtain an additional license. An entity that fails to obtain a license could face fines of up to $10,000 per day.
Healthcare providers who perform procedures using more than minimal sedation – including dentists, plastic surgeons, aestheticians, dermatologists and ophthalmologists – should be on the lookout for more information in the coming months about the licensure application process and other licensure requirements as they are rolled out by DPH.
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