Michigan Compiled Laws

Mich. Comp. Laws § 333.20821 (2026)

Freestanding surgical outpatient facility; requirements.

✓ current as of July 2026
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PUBLIC HEALTH CODE


Act 368 of 1978


333.20821 Freestanding surgical outpatient facility; requirements.

Sec. 20821.

    A freestanding surgical outpatient facility shall:

    (a) Be organized, administered, staffed, and equipped to provide on a regular and scheduled basis major and minor surgical procedures outside a hospital which in a physician's judgment may be safely performed on a basis other than on an inpatient basis.

    (b) Have the physician, professional nursing, technical, and supportive personnel; the technical, diagnostic, and treatment services; and the equipment necessary to assure the safe performance of surgery and related care undertaken in the facility.

    (c) Have a written agreement with a nearby licensed hospital to provide for the emergency admission of postsurgical patients who for unpredictable reasons may require hospital admission and care.

    (d) Assure that a clinical record is established for each patient including a history, physical examination, justification for treatment planned and rendered, tests and examinations performed, observations made, and treatment provided.

History: 1978, Act 368, Eff. Sept. 30, 1978

PopularName Notes:

Act 368
Notes of Decisions
Cited in 2 cases, 1981–1984 · leading case: Birth Control Centers, Inc. v. Reizen, 508 F. Supp. 1366 (E.D. Mich. 1981).
Birth Control Centers, Inc. v. Reizen, 508 F. Supp. 1366 (E.D. Mich. 1981). · cites it 2× “15(20821)(c)), which requires any freestanding surgical outpatient facility to (h)ave a written agreement with a nearby licensed hospital to provide for the emergency admission of postsurgical patients who for unpredictable reasons may require hospital admission and care.”
Birth Control Centers, Inc. v. Reizen, 743 F.2d 352 (6th Cir. 1984). “Mich.Comp.Laws § 333.20821 The legislation requires that all FSOFs obtain a license from the Michigan Department of Public Health.”
— Mich. Comp. Laws § 333.20821(c) — 1 case
Birth Control Centers, Inc. v. Reizen, 508 F. Supp. 1366 (E.D. Mich. 1981). “15(20821)(c)), which requires any freestanding surgical outpatient facility to (h)ave a written agreement with a nearby licensed hospital to provide for the emergency admission of postsurgical patients who for unpredictable reasons may require hospital admission and care.”
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