Office-Based Surgery Laws

States can impose additional legal requirements on office-based facilities where physicians perform surgical, or other invasive procedures, on patients. These legal requirements are known as office-based surgery (OBS) laws. States can also impose additional legal requirements on office-based facilities or clinics where specific outpatient procedures within the general practice of medicine are performed. Those requirements are known as other specified procedure (OSP) laws. OBS and OSP laws can apply to the facilities where the procedures occur, as well as to the physicians performing the procedures. OBS and OSP laws regulate various aspects of facilities’ physical environment and operations (e.g., must the facility be licensed, have nursing staff, or have recovery rooms). OBS laws are often triggered by the use of anesthesia, or the performance of specific types of surgical procedures. OSP laws are generally triggered by the type of outpatient procedure being performed and the level of sedation used. This dataset compliments three datasets related to Targeted Regulation of Abortion Providers (TRAP) laws: Abortion Facility Licensing (AFL) RequirementsAmbulatory Surgical Center (ASC) Requirements, and Hospitalization Requirements (HR). Read more about OBS laws here. 



There are two ways to navigate the data using the interactive map, (1) by selecting a state from the map or, (2) by selecting criteria that detail the characteristics of the laws.

  • Option 1 – State by state: Using the map, click on the state of interest. A table will appear with details about that state’s law.
  • Option 2 – Multiple states: To view the law across multiple states, you may use the questions to filter through various criteria.

Below is an explanation of interactive symbols that appear in the table once you select an option above:

  • Red gavel symbol: Clicking this symbol will display the full text of all statutes and regulations related to the topic within the chosen jurisdiction that have been included in the dataset.
  • Red statute symbol: ​Clicking this symbol will display the specific statutory and/or regulatory citations supporting that selected response. Clicking on the citation text will display the text of the law linked to that response.
  • Question mark symbol: ​Clicking this symbol will reveal unique features of the statutory and/or regulatory law(s). These “caution notes” are created to alert users of important differences and/or give greater detail to the user about the criteria selected.
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