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 DIRECT SUPERVISION.—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 only under the indirect direct
   45  supervision and responsibility of 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 DIRECT SUPERVISION.—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 only under the indirect direct
   60  supervision and responsibility of 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.