NOTICE IS HEREBY GIVEN that on April 21, 2009, the Florida Department of Health, Division of Emergency Medical Operations, Office of Trauma, has issued an order.
A petition was filed by Holmes Regional Medical Center with the Department of Health on February 5, 2009, and published in the Florida Administrative Weekly on February 20, 2009, requesting an emergency variance from paragraph 64J-2.011(3)(a), Florida Administrative Code, which requires that a Level II Trauma Center maintain standards as stated in DH Pamphlet 150-9 Trauma Center Standards, which is incorporated by reference. Specifically, trauma centers must have a minimum of five qualified trauma surgeons assigned to the trauma service, with at least two surgeons available to provide primary and backup trauma coverage 24 hours a day at the trauma center when summoned. DHP 150-9, III.A.1. The trauma surgeons must be approved for full and unrestricted surgical privileges to provide general surgical and trauma care surgical services for adult and pediatric patients. DHP 150-9, III.A.3.b. Petitioner then filed a motion on March 4, 2009, to convert the emergency petition to a standard petition, giving the Department of Health 90 days to respond. Petitioner is requesting this variance for Dr. Johnson, a qualified trauma surgeon who has applied for but does not currently have general surgical privileges.
The Department of Health, Office of Trauma has granted the request for variance. The general basis for this decision was that Petitioner met the general requirements for variance:
(a) Petitioner has demonstrated that the purpose of the underlying statute will be achieved as Dr. Johnson will not be used as a trauma surgeon for purposes of satisfying the staffing requirements for backup coverage under DHP 150-9, III.A.1., but may be used for primary coverage. When Dr. Johnson is providing primary coverage, the minimum number of trauma surgeons providing primary and backup coverage will be increased to three.
(b) A substantial hardship would be placed upon Petitioner and the surrounding communities if this variance were not granted.
Wherefore, based on the Findings of Fact and Conclusions of Law, a temporary variance has been granted until October 18, 2009, to allow Holmes Regional Medical Center to use Dr. Johnson in partial satisfaction of the minimum staffing requirement of five qualified trauma surgeons while awaiting Dr. Johnson’s receipt of general surgical privileges.
A copy of the Order may be obtained by contacting: Susan McDevitt, Director, Office of Trauma, 4052 Bald Cypress Way, Bin #C18, Tallahassee, FL 32399-1738, (850)245-4440, ext. 2760, Fax: (850)488-2512, susan_mcdevitt@doh.state.fl.us.