New Jersey Department of Health Issues FAQ Guidance on Registered Surgical Practices

In this episode, Brach Eichler Healthcare Law attorneys John D. Fanburg and Jonathan J. Walzman break down the New Jersey Department of Health’s newly released FAQ guidance on Registered Surgical Practices. We cover what facility owners and physicians need to know about licensure deadlines, accreditation exemptions, physical plant requirements, inspection fees, and ownership approvals. Whether you’re currently operating a Registered Surgical Practice or planning to expand services, this discussion provides critical insight into compliance, financial obligations, and regulatory risks that can affect your practice in 2026 and beyond.

📲 Read the full alert now at https://www.bracheichler.com/insights/new-jersey-department-of-health-issues-faq-guidance-on-registered-surgical-practices/

If you have questions or require additional information, please contact:

John D. Fanburg, Esq., Member and Chair, Healthcare Law, [e-mail], 973.403.3107

Jonathan Walzman, Esq., Member, Healthcare Law, [e-mail], 973.403.3120

*This is intended to provide general information, not legal advice. Please contact the authors if you need specific advice.

Episode Transcript

(00:00):
Thank you for tuning in to the Brach Eichler Talks podcast,

(00:06):
where we explore and discuss today's trending legal topics.
In this episode, we'll discuss a recent Healthcare Law Alert from Brach Eichler titled, "New
Jersey Department of Health Issues FAQ Guidance on Registered Surgical Practices." On August 28
2025, the New Jersey Department of Health (DOH) published a notice responding to frequently

(00:28):
asked questions (FAQs) regarding registered surgical practices.
Registered surgical practices are single procedure room surgical facilities that are owned and
operated by physicians for use in their private medical practices.
Historically, registered surgical practices were subject to regulation by the New Jersey Board
of Medical Examiners, the governing body that regulates the practice of medicine in the state of New Jersey.

(00:53):
However, pursuant to legislation enacted in 2017, regulation of registered surgical practices
was placed under the authority of the DOH, and registered surgical practices were required to
apply to the DOH for licensure as ambulatory
surgical centers by January 15, 2019.
The DOH responses to the FAQs provide important clarification on licensure, accreditation,

(01:19):
compliance obligations, and financial responsibilities for registered surgical practices.

Some of the matters addressed by the DOH in its responses to the FAQs include (01:25):
Registered
surgical practices that failed to apply for licensure as ambulatory surgical centers by the
January 15, 2019 deadline are no longer eligible to apply for licensure.
Registered surgical practices are no longer exempt from the ambulatory care facility assessment

(01:48):
and must report revenue beginning in fiscal year 2026…
and pay the assessment beginning in fiscal year 2027.
Physician owned surgical practices that have a procedure room used for endoscopies,
hysteroscopies, and cystoscopies that have a sink in the room or that have a single room only
used for pain management are not required to be licensed.

(02:11):
Medicare certified registered surgical practices or registered surgical practices that are
accredited by another CMS recognized body that were in operation as of January 16, 2018 are
exempt from certain physical plant requirements under the DOH's ambulatory surgical center regulations.
And other registered surgical practices may apply for a waiver from physical plant requirements

(02:36):
if they can demonstrate patient and public safety will be maintained… A registered surgical
practice must seek DOH approval to expand services from conscious sedation to general anesthesia
… Registered surgical practices are exempt from DOH application and renewal fees, but are
subject to a two thousand dollar biennial inspection fee.

(02:58):
And a registered surgical practice must seek DOH approval prior to any change in ownership that
results in a party owning ten percent or more of the ownership of the facility.
It is imperative that owners and operators understand the complex regulations governing, owning
, and operating a registered surgical practice… These regulations affect every aspect of a

(03:21):
registered surgical practice, including the way a facility is built and maintained, the
procedures that a facility may provide, the manner in which it operates
… and matters related to ownership of the facility.
If you have questions or require additional information, please contact John D.
Fanburg, Esq., Member and Chair, Healthcare Law at [e-mail] or

(03:44):
973-403-3107, or Jonathan Walzman, Esq.
Member, Healthcare Law at [e-mail]
or 973-403-3120.
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For more information and resources, visit BrachEichler.com.
This is intended to provide general information, not legal advice.
Please contact the authors if you need specific legal advice.
Brach Eichler LLC is a full service law firm based in Roseland, New Jersey with over eighty attorneys.
The firm is focused on the following practice areas, healthcare law, real estate, litigation

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, trusts and estates, business transactions and financial services, personal injury, criminal
defense and government investigations, labor and employment, environmental and land use,
family law services, patent, intellectual property, and
information technology, real estate tax appeals, tax, and