Florida Senate - 2011 SB 1580
By Senator Sobel
31-00641-11 20111580__
1 A bill to be entitled
2 An act relating to medspas; amending s. 400.9905,
3 F.S.; redefining the term “clinic” to include a medspa
4 for purposes of regulation under the Health Care
5 Clinic Act; defining the term “medspa”; providing an
6 effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Subsection (4) of section 400.9905, Florida
11 Statutes, is amended, present subsections (6) and (7) of that
12 section are renumbered as subsections (7) and (8), respectively,
13 and a new subsection (6) is added to that section, to read:
14 400.9905 Definitions.—
15 (4) “Clinic” means an entity at which health care services
16 are provided to individuals and which tenders charges for
17 reimbursement for such services, including a mobile clinic, a
18 medspa, and a portable equipment provider. For purposes of this
19 part, the term does not include and the licensure requirements
20 of this part do not apply to:
21 (a) Entities licensed or registered by the state under
22 chapter 395; or entities licensed or registered by the state and
23 providing only health care services within the scope of services
24 authorized under their respective licenses granted under ss.
25 383.30-383.335, chapter 390, chapter 394, chapter 397, this
26 chapter except part X, chapter 429, chapter 463, chapter 465,
27 chapter 466, chapter 478, part I of chapter 483, chapter 484, or
28 chapter 651; end-stage renal disease providers authorized under
29 42 C.F.R. part 405, subpart U; or providers certified under 42
30 C.F.R. part 485, subpart B or subpart H; or any entity that
31 provides neonatal or pediatric hospital-based health care
32 services or other health care services by licensed practitioners
33 solely within a hospital licensed under chapter 395.
34 (b) Entities that own, directly or indirectly, entities
35 licensed or registered by the state pursuant to chapter 395; or
36 entities that own, directly or indirectly, entities licensed or
37 registered by the state and providing only health care services
38 within the scope of services authorized pursuant to their
39 respective licenses granted under ss. 383.30-383.335, chapter
40 390, chapter 394, chapter 397, this chapter except part X,
41 chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
42 part I of chapter 483, chapter 484, chapter 651; end-stage renal
43 disease providers authorized under 42 C.F.R. part 405, subpart
44 U; or providers certified under 42 C.F.R. part 485, subpart B or
45 subpart H; or any entity that provides neonatal or pediatric
46 hospital-based health care services by licensed practitioners
47 solely within a hospital licensed under chapter 395.
48 (c) Entities that are owned, directly or indirectly, by an
49 entity licensed or registered by the state pursuant to chapter
50 395; or entities that are owned, directly or indirectly, by an
51 entity licensed or registered by the state and providing only
52 health care services within the scope of services authorized
53 pursuant to their respective licenses granted under ss. 383.30
54 383.335, chapter 390, chapter 394, chapter 397, this chapter
55 except part X, chapter 429, chapter 463, chapter 465, chapter
56 466, chapter 478, part I of chapter 483, chapter 484, or chapter
57 651; end-stage renal disease providers authorized under 42
58 C.F.R. part 405, subpart U; or providers certified under 42
59 C.F.R. part 485, subpart B or subpart H; or any entity that
60 provides neonatal or pediatric hospital-based health care
61 services by licensed practitioners solely within a hospital
62 under chapter 395.
63 (d) Entities that are under common ownership, directly or
64 indirectly, with an entity licensed or registered by the state
65 pursuant to chapter 395; or entities that are under common
66 ownership, directly or indirectly, with an entity licensed or
67 registered by the state and providing only health care services
68 within the scope of services authorized pursuant to their
69 respective licenses granted under ss. 383.30-383.335, chapter
70 390, chapter 394, chapter 397, this chapter except part X,
71 chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
72 part I of chapter 483, chapter 484, or chapter 651; end-stage
73 renal disease providers authorized under 42 C.F.R. part 405,
74 subpart U; or providers certified under 42 C.F.R. part 485,
75 subpart B or subpart H; or any entity that provides neonatal or
76 pediatric hospital-based health care services by licensed
77 practitioners solely within a hospital licensed under chapter
78 395.
79 (e) An entity that is exempt from federal taxation under 26
80 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
81 under 26 U.S.C. s. 409 that has a board of trustees not less
82 than two-thirds of which are Florida-licensed health care
83 practitioners and provides only physical therapy services under
84 physician orders, any community college or university clinic,
85 and any entity owned or operated by the federal or state
86 government, including agencies, subdivisions, or municipalities
87 thereof.
88 (f) A sole proprietorship, group practice, partnership, or
89 corporation that provides health care services by physicians
90 covered by s. 627.419, that is directly supervised by one or
91 more of such physicians, and that is wholly owned by one or more
92 of those physicians or by a physician and the spouse, parent,
93 child, or sibling of that physician.
94 (g) A sole proprietorship, group practice, partnership, or
95 corporation that provides health care services by licensed
96 health care practitioners under chapter 457, chapter 458,
97 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
98 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
99 chapter 490, chapter 491, or part I, part III, part X, part
100 XIII, or part XIV of chapter 468, or s. 464.012, which are
101 wholly owned by one or more licensed health care practitioners,
102 or the licensed health care practitioners set forth in this
103 paragraph and the spouse, parent, child, or sibling of a
104 licensed health care practitioner, so long as one of the owners
105 who is a licensed health care practitioner is supervising the
106 business activities and is legally responsible for the entity’s
107 compliance with all federal and state laws. However, a health
108 care practitioner may not supervise services beyond the scope of
109 the practitioner’s license, except that, for the purposes of
110 this part, a clinic owned by a licensee in s. 456.053(3)(b) that
111 provides only services authorized pursuant to s. 456.053(3)(b)
112 may be supervised by a licensee specified in s. 456.053(3)(b).
113 (h) Clinical facilities affiliated with an accredited
114 medical school at which training is provided for medical
115 students, residents, or fellows.
116 (i) Entities that provide only oncology or radiation
117 therapy services by physicians licensed under chapter 458 or
118 chapter 459 or entities that provide oncology or radiation
119 therapy services by physicians licensed under chapter 458 or
120 chapter 459 which are owned by a corporation whose shares are
121 publicly traded on a recognized stock exchange.
122 (j) Clinical facilities affiliated with a college of
123 chiropractic accredited by the Council on Chiropractic Education
124 at which training is provided for chiropractic students.
125 (k) Entities that provide licensed practitioners to staff
126 emergency departments or to deliver anesthesia services in
127 facilities licensed under chapter 395 and that derive at least
128 90 percent of their gross annual revenues from the provision of
129 such services. Entities claiming an exemption from licensure
130 under this paragraph must provide documentation demonstrating
131 compliance.
132 (l) Orthotic or prosthetic clinical facilities that are a
133 publicly traded corporation or that are wholly owned, directly
134 or indirectly, by a publicly traded corporation. As used in this
135 paragraph, a publicly traded corporation is a corporation that
136 issues securities traded on an exchange registered with the
137 United States Securities and Exchange Commission as a national
138 securities exchange.
139 (6) “Medspa” means an entity at which:
140 (a) A patient is injected with a cosmetic or esthetic
141 substance that is prescribed by a health care provider who is
142 licensed to prescribe drugs in this state; or
143 (b) Human tissue is altered through the use of a device
144 that:
145 1. Is prescribed by a health care provider who is licensed
146 to prescribe drugs in this state; and
147 2. Uses waveform energy, including, but not limited to, a
148 laser or intense pulsed light.
149 Section 2. This act shall take effect July 1, 2011.