UNITED STATES
SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549

FORM 8-K/A

CURRENT REPORT

PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934

Date of Report (Date of earliest event reported)

April 24, 2009

Bovie Medical Corporation
(Exact name of registrant as specified in its
charter)

Delaware
1-31885
11-2644611
(State or other jurisdiction
(Commission
(IRS Employer
Of incorporation)
File Number)
Identification No.)
 
734 Walt Whitman Road, Melville, New York
11747
(Address of principal executive offices)
(Zip Code)
 
Registrant's telephone number, including area code
(631) 421-5452

N/A
(Former name or former address, if changed since last report.)

Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):

¨ Written communications pursuant to Rule 425 under the Securities Act 17 CFR 230.425)

¨ Soliciting material pursuant to Rule l4a-12 under the Exchange Act (17 CFR 240.l4a-12)

¨ Pre-commencement communications pursuant to Rule l4d- 2(b) under the Exchange Act (17 CFR 240. l4d- 2(b)

¨ Pre-commencement communications pursuant to Rule 13 e-4( c) under the Exchange Act (17 CFR 240.13 e-4( c)
 

 
ITEM: 5.02
Departure of Directors or Certain Officers, Election of Directors, Appointment of Certain Officers, Compensatory Arrangements of Certain Officers.

(d)(1) On April 23, 2009, at a special meeting duly called, the Board of Directors of Bovie Medical Corporation elected Peter Pardoll as an independent director.

(d)(2) Since July, 2003, Mr. Pardoll has served and continues to serve as a medical consultant to our Company with respect to Company projects.  Such consulting relationship has not been affected or changed in any way by virtue of this election to the Board.

ITEM: 5.03
Amendment to Articles of Incorporation or By-Laws, Changes in Fiscal Year

 
(a)
On April 23, 2009, pursuant to special meeting of the Board of Directors, the first sentence of Article III, Section (a) of the By-Laws of the Corporation was amended to increase the maximum of directors of the corporation from seven (7) to nine (9).

First sentence of Article III, Section (a) formerly read as follows:

“the number of Directors of the Corporation shall be no more than seven (7) unless and until otherwise determined by vote of a majority of the entire Board of Directors…..”

The new first sentence of Article III Section (a), reads as follows:

 “the number of directors of the corporation shall be no more than nine (9) unless and until otherwise determined by vote of a majority of the entire Board of Directors….”

Signatures

Pursuant to the requirements of Securities Exchange Act of 1934 the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

Date:  October 8, 2009
Bovie Medical Corp
 
(Registrant)
 
By: /S/Andrew Makrides              
 
Andrew Makrides, President and CEO