Florida Senate - 2012 SB 1330 By Senator Hays 20-00427C-12 20121330__ 1 A bill to be entitled 2 An act relating to the practice of electrolysis; 3 amending ss. 458.348 and 459.025, F.S.; revising the 4 protocols relating to electrolysis or electrology to 5 require indirect, rather than direct, supervision by a 6 physician and not require that the physician be at the 7 location where the electrolysis is performed; amending 8 s. 478.42, F.S.; defining the term “indirect 9 supervision” as it relates to the Electrolysis 10 Practice Act; creating s. 478.451, F.S.; requiring a 11 licensed electrologist who performs hair removal or 12 reduction using laser or light-based technology to 13 practice under a protocol with a supervising licensed 14 physician; requiring that the protocol require 15 indirect supervision of the electrologist by the 16 licensed physician; creating s. 478.456, F.S.; 17 requiring that adverse incidents be reported to the 18 Department of Health; requiring that an electrologist 19 practicing in this state notify the department if the 20 electrologist was involved in an adverse incident; 21 requiring that the electrologist’s notification be 22 submitted in writing and postmarked within a specified 23 number of days after the occurrence of the adverse 24 incident; providing a definition of the term “adverse 25 incident”; requiring the department to review each 26 adverse incident and determine whether it potentially 27 involved conduct by a health care practitioner who is 28 subject to disciplinary action; requiring that 29 disciplinary action be taken by the appropriate board; 30 requiring the Board of Medicine to adopt rules; 31 providing effective dates. 32 33 Be It Enacted by the Legislature of the State of Florida: 34 35 Section 1. Subsection (3) of section 458.348, Florida 36 Statutes, is amended to read: 37 458.348 Formal supervisory relationships, standing orders, 38 and established protocols; notice; standards.— 39 (3) PROTOCOLS REQUIRING INDIRECT
DIRECTSUPERVISION.—All 40 protocols relating to electrolysis or electrology using laser or 41 light-based hair removal or reduction by persons other than 42 physicians licensed under this chapter or chapter 459 shall: 43 (a) Require the person performing such service to be 44 appropriately trained and work onlyunder the indirect direct45 supervision and responsibilityof a physician licensed under 46 this chapter or chapter 459; and 47 (b) Not require the presence of such physician onsite when 48 this service is performed. 49 Section 2. Subsection (2) of section 459.025, Florida 50 Statutes, is amended to read: 51 459.025 Formal supervisory relationships, standing orders, 52 and established protocols; notice; standards.— 53 (2) PROTOCOLS REQUIRING INDIRECT DIRECTSUPERVISION.—All 54 protocols relating to electrolysis or electrology using laser or 55 light-based hair removal or reduction by persons other than 56 osteopathic physicians licensed under this chapter or chapter 57 458 shall: 58 (a) Require the person performing such service to be 59 appropriately trained and to work onlyunder the indirect direct60 supervision and responsibilityof an osteopathic physician 61 licensed under this chapter or chapter 458; and 62 (b) Not require the presence of such physician onsite when 63 this service is performed. 64 Section 3. Subsection (6) is added to section 478.42, 65 Florida Statutes, to read: 66 478.42 Definitions.—As used in this chapter, the term: 67 (6) “Indirect supervision” means that the supervising 68 physician practices at a location that is in close physical 69 proximity to the location where the supervised electrologist 70 practices and that the supervising physician is readily 71 available for consultation as needed. As used in this 72 subsection, the term “close physical proximity” means within 20 73 miles or within a 30-minute driving distance. 74 Section 4. Section 478.451, Florida Statutes, is created to 75 read: 76 478.451 Formal supervisory relationships.— 77 (1) A person licensed as an electrologist under this 78 chapter who performs hair removal or reduction using laser or 79 light-based technology must practice under a protocol with a 80 supervising physician licensed under chapter 458 or chapter 459. 81 (2) A protocol relating to electrolysis or electrology 82 using laser or light-based hair removal or reduction must 83 require the licensed electrologist to be appropriately trained 84 and work under the indirect supervision of the supervising 85 physician licensed under chapter 458 or chapter 459. 86 Section 5. Effective May 1, 2012, section 478.56, Florida 87 Statutes, is created to read: 88 478.56 Reports of adverse incidents in the practice of 89 electrology.— 90 (1) Any adverse incident occurring in an office that is 91 maintained by an electrologist for the practice of electrology 92 must be reported to the department in accordance with this 93 section. 94 (2) Any electrologist practicing in this state must notify 95 the department if the electrologist is involved in an adverse 96 incident occurring in an office that is maintained by an 97 electrologist for the practice of electrology. 98 (3) The required notification to the department must be 99 submitted in writing by certified mail and postmarked within 15 100 days after the occurrence of the adverse incident. 101 (4) For purposes of notification to the department, the 102 term “adverse incident” means an event over which the 103 electrologist could exercise control, which is associated in 104 whole or in part with the use of a laser device for the 105 permanent removal of hair, and which results in any of the 106 following patient injuries: 107 (a) Permanent discoloration of the skin. 108 (b) Burned skin. 109 (c) Permanent disfigurement. 110 (d) The surgical repair of damage to a patient resulting 111 from an electrological procedure where the damage is not a 112 recognized specific risk as disclosed to the patient and 113 documented through the informed-consent process. 114 (e) Any condition that required the transfer of a patient 115 to a hospital licensed under chapter 395 from any office 116 maintained by an electrologist for the practice of electrology 117 which is not licensed under chapter 395. 118 (f) Any condition that required the patient to obtain care 119 from a physician licensed under chapter 458 or chapter 459. 120 (g) Death. 121 (5) The department shall review each adverse incident and 122 determine whether it potentially involved conduct by a health 123 care professional who is subject to disciplinary action, in 124 which case, s. 456.073 applies. Disciplinary action, if any, 125 shall be taken by the board under which the health care 126 practitioner is licensed. 127 (6) The board may adopt rules to administer this section. 128 Section 6. Except as otherwise expressly provided in this 129 act, this act shall take effect upon becoming a law.