(a)  The director shall determine through regulation categories of patients that shall be permitted to receive surgical services in free standing ambulatory surgical facilities, podiatry ambulatory surgery centers and physician ambulatory surgery centers providing surgical treatment based upon criteria including, but not limited to:

(1)  Risks related to patient characteristics;

(2)  The type of and risks associated with the anesthesia required; and

(3)  As appropriate, the complexity of the surgical procedure and the expected duration of the surgical procedure.

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(b)  Further, the director shall determine through regulation categories of patients that are prohibited from receiving surgical services in free standing ambulatory surgical facilities, physician ambulatory surgery centers, podiatry ambulatory surgery centers, and physician offices not licensed under this chapter based upon criteria including, but not limited to:

(1)  Risks related to patient characteristics;

(2)  The type of and risks associated with the anesthesia required; and

(3)  As appropriate, the complexity of the surgical procedure.