Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 1471, 1st Eng.
       
       
       
       
       
       
                                Ì324066*Î324066                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             05/01/2023 10:22 AM       .                                
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 116 - 295
    4  and insert:
    5         Section 3. Present subsection (2) of section 458.328,
    6  Florida Statutes, is redesignated as subsection (4), a new
    7  subsection (2) and subsection (3) are added to that section, and
    8  paragraph (e) of subsection (1) of that section is amended, to
    9  read:
   10         458.328 Office surgeries.—
   11         (1) REGISTRATION.—
   12         (e)1. An office seeking registration under this section
   13  must be inspected by the department before the office may be
   14  registered. The department may not register a facility until it
   15  is inspected and shall not register a facility that must be
   16  licensed under chapter 390 or chapter 395. Completion of an
   17  inspection under this subparagraph does not guarantee a
   18  registration.
   19         2.If a registered office refuses any subsequent inspection
   20  under subparagraph 3., the department must immediately suspend
   21  the office′s registration and may not reinstate the registration
   22  before the completion of an inspection by the department. Such
   23  office must be closed during the entire period of suspension.
   24  Completion of an inspection under this subparagraph does not
   25  guarantee a registration, reinstatement of a registration, or
   26  lifting of the suspension.
   27         3. The department shall inspect a registered office at
   28  least annually, including a review of patient records, to ensure
   29  that the office is in compliance with this section and rules
   30  adopted hereunder unless the office is accredited by a
   31  nationally recognized accrediting agency approved by the board.
   32  The inspection may be unannounced, except for the inspection of
   33  an office that meets the description of a clinic specified in s.
   34  458.3265(1)(a)3.h., and those wholly owned and operated
   35  physician offices described in s. 458.3265(1)(a)3.g. which
   36  perform procedures referenced in s. 458.3265(1)(a)3.h., which
   37  must be announced.
   38         (2) STANDARDS OF PRACTICE.—
   39         (a) Surgeries performed in an office registered under this
   40  section may not include surgeries that:
   41         1. Are a type of surgery which generally results in blood
   42  loss of more than 10 percent of estimated blood volume in a
   43  patient with a normal hemoglobin level;
   44         2. Require major or prolonged intracranial, intrathoracic,
   45  abdominal, or joint replacement procedures, except for
   46  laparoscopic procedures;
   47         3. Involve major blood vessels and are performed with
   48  direct visualization by open exposure of the major blood vessel,
   49  except for percutaneous endovascular intervention; or
   50         4. Are emergent or life threatening.
   51         (b)If a procedure in an office surgery setting results in
   52  hospitalization, the incident must be reported as an adverse
   53  incident pursuant to s. 458.351.
   54         (3) GLUTEAL FAT GRAFTING PROCEDURES.—
   55         (a)Physicians performing gluteal fat grafting procedures
   56  in an office surgery setting must adhere to standards of
   57  practice prescribed under this subsection.
   58         (b)A physician performing a gluteal fat grafting procedure
   59  must conduct an in-person examination of the patient no later
   60  than the day before the procedure.
   61         (c) An office in which a physician performs gluteal fat
   62  grafting procedures must at all times maintain a ratio of one
   63  physician to one patient during all phases of the procedure,
   64  beginning with the administration of anesthesia to the patient
   65  and concluding with the extubation of the patient. However,
   66  after a physician has commenced, and while he or she is engaged
   67  in, a gluteal fat grafting procedure, the physician may not
   68  commence or engage in another gluteal fat grafting procedure or
   69  any other procedure with another patient at the same time.
   70         (d) Before a physician may delegate any duties during a
   71  gluteal fat grafting procedure, the patient must provide
   72  written, informed consent to such delegation. Any duties
   73  delegated during a gluteal fat grafting procedure must be
   74  performed under the direct supervision of the physician
   75  performing the procedure. Gluteal fat extractions and injections
   76  must be performed by the physician performing the procedure and
   77  may not be delegated.
   78         (e) Only the physician performing the gluteal fat grafting
   79  procedure may extract gluteal fat from, or inject gluteal fat
   80  into, the patient. The gluteal fat may be injected only into the
   81  subcutaneous space of the patient and may not cross the fascia
   82  overlying the gluteal muscle. Intramuscular and submuscular fat
   83  injections are prohibited.
   84         (f) When the physician performing a gluteal fat grafting
   85  procedure injects gluteal fat into the subcutaneous space of the
   86  patient, the physician must use ultrasound guidance during the
   87  placement and navigation of a cannula to ensure that the fat is
   88  placed into the subcutaneous space of the patient above the
   89  fascia overlying the gluteal muscle. Ultrasound guidance is not
   90  required for other portions of the procedure.
   91         Section 4. Present subsection (2) of section 459.0138,
   92  Florida Statutes, is redesignated as subsection (4), a new
   93  subsection (2) and subsection (3) are added to that section, and
   94  paragraph (e) of subsection (1) of that section is amended, to
   95  read:
   96         459.0138 Office surgeries.—
   97         (1) REGISTRATION.—
   98         (e)1. An office seeking registration under this section
   99  must be inspected by the department before the office may be
  100  registered. The department may not register a facility until it
  101  is inspected and shall not register a facility that must be
  102  licensed under chapter 390 or chapter 395. Completion of an
  103  inspection under this subparagraph does not guarantee a
  104  registration.
  105         2.If a registered office refuses any subsequent inspection
  106  under subparagraph 3., the department must immediately suspend
  107  the office′s registration and may not reinstate the registration
  108  before the completion of an inspection by the department. Such
  109  office must be closed during the entire period of suspension.
  110  Completion of an inspection under this subparagraph does not
  111  guarantee a registration, reinstatement of a registration, or
  112  lifting of the suspension.
  113         3. The department shall inspect a registered office at
  114  least annually, including a review of patient records, to ensure
  115  that the office is in compliance with this section and rules
  116  adopted hereunder unless the office is accredited by a
  117  nationally recognized accrediting agency approved by the board.
  118  The inspection may be unannounced, except for the inspection of
  119  an office that meets the description of clinic specified in s.
  120  459.0137(1)(a)3.h., and those wholly owned and operated
  121  physician offices described in s. 459.0137(1)(a)3.g. which
  122  perform procedures referenced in s. 459.0137(1)(a)3.h., which
  123  must be announced.
  124         (2) STANDARDS OF PRACTICE.—
  125         (a)Surgeries performed in an office registered under this
  126  section may not:
  127         1.Be a type of surgery that generally results in blood
  128  loss of more than 10 percent of estimated blood volume in a
  129  patient with a normal hemoglobin level;
  130         2. Require major or prolonged intracranial, intrathoracic,
  131  abdominal, or joint replacement procedures, except for
  132  laparoscopic procedures;
  133         3. Involve major blood vessels performed with direct
  134  visualization by open exposure of the major blood vessel, except
  135  for percutaneous endovascular intervention; or
  136         4. Be emergent or life threatening.
  137         (b)If a procedure in an office surgery setting results in
  138  hospitalization, the incident must be reported as an adverse
  139  incident pursuant to s. 459.026.
  140         (3) GLUTEAL FAT GRAFTING PROCEDURES.—
  141         (a)Physicians performing gluteal fat grafting procedures
  142  in an office surgery setting must adhere to standards of
  143  practice prescribed under this subsection.
  144         (b)A physician performing a gluteal fat grafting procedure
  145  must conduct an in-person examination of the patient no later
  146  than the day before the procedure.
  147         (c)An office in which a physician performs gluteal fat
  148  grafting procedures must at all times maintain a ratio of one
  149  physician to one patient during all phases of the procedure,
  150  beginning with the administration of anesthesia to the patient
  151  and concluding with the extubation of the patient. However,
  152  after a physician has commenced, and while he or she is engaged
  153  in, a gluteal fat grafting procedure, the physician may not
  154  commence or engage in another gluteal fat grafting procedure or
  155  any other procedure with another patient at the same time.
  156         (d)Before a physician may delegate any duties during a
  157  gluteal fat grafting procedure, the patient must provide
  158  written, informed consent to such delegation. Any duties
  159  delegated during a gluteal fat grafting procedure must be
  160  performed under the direct supervision of the physician
  161  performing the procedure. Gluteal fat extractions and injections
  162  must be performed by the physician performing the procedure and
  163  may not be delegated.
  164         (e)Only the physician performing the gluteal fat grafting
  165  procedure may extract gluteal fat from, or inject gluteal fat
  166  into, the patient. The gluteal fat may be injected only into the
  167  subcutaneous space of the patient and may not cross the fascia
  168  overlying the gluteal muscle. Intramuscular and submuscular fat
  169  injections are prohibited.
  170         (f)When the physician performing a gluteal fat grafting
  171  procedure injects gluteal fat into the subcutaneous space of the
  172  patient, the physician must use ultrasound guidance during the
  173  placement and navigation of a cannula to ensure that the fat is
  174  placed into the subcutaneous space of the patient above the
  175  fascia overlying the gluteal muscle. Ultrasound guidance is not
  176  required for other portions of the procedure.
  177  
  178  ================= T I T L E  A M E N D M E N T ================
  179  And the title is amended as follows:
  180         Delete lines 13 - 23
  181  and insert:
  182         459.0138, F.S.; requiring that a physician′s office
  183         seeking registration to perform office surgeries be
  184         inspected by the Department of Health before it may be
  185         registered; providing for immediate suspension of a
  186         registration under specified circumstances; requiring
  187         such offices to remain closed for the duration of any
  188         suspensions; providing construction; specifying
  189         surgeries that may not be performed in an office
  190         surgery setting; requiring the reporting of specified
  191         adverse incidents; requiring physicians performing
  192         gluteal fat grafting procedures in an office surgery
  193         setting to adhere to specified standards of practice;
  194         providing an effective date.