Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1596
       
       
       
       
       
       
                                Ì584094;Î584094                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2023           .                                
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       The Committee on Health Policy (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 374 and 375
    4  insert:
    5         Section 5. 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. If a registered office refuses any subsequent
   15  inspection under subparagraph 2., the office′s registration must
   16  be immediately suspended and may not be reinstated before
   17  completion of an inspection by the department. Completion of an
   18  inspection under this subparagraph does not guarantee a
   19  registration or reinstatement of a registration.
   20         2. The department shall inspect a registered office at
   21  least annually, including a review of patient records, to ensure
   22  that the office is in compliance with this section and rules
   23  adopted hereunder unless the office is accredited by a
   24  nationally recognized accrediting agency approved by the board.
   25  The inspection may be unannounced, except for the inspection of
   26  an office that meets the description of a clinic specified in s.
   27  458.3265(1)(a)3.h., and those wholly owned and operated
   28  physician offices described in s. 458.3265(1)(a)3.g. which
   29  perform procedures referenced in s. 458.3265(1)(a)3.h., which
   30  must be announced.
   31         (2) GLUTEAL FAT GRAFTING PROCEDURES.—
   32         (a)Physicians performing gluteal fat grafting procedures
   33  in an office surgery setting must adhere to standards of
   34  practice prescribed under this subsection. The board may adopt
   35  rules to prescribe additional requirements for the safe
   36  performance of gluteal fat grafting procedures, provided such
   37  rules do not conflict with this subsection.
   38         (b)An office in which a physician performs gluteal fat
   39  grafting procedures must at all times maintain a ratio of one
   40  physician to one patient during all phases of the procedure,
   41  beginning with the administration of anesthesia to the patient
   42  and concluding with the extubation of the patient. A physician
   43  is not limited in the number of gluteal fat grafting procedures
   44  that he or she may safely perform in accordance with the
   45  applicable standard of care and as prescribed in this
   46  subsection. However, after a physician has commenced, and while
   47  he or she is engaged in, a gluteal fat grafting procedure, the
   48  physician may not commence or engage in another gluteal fat
   49  grafting procedure or any other procedure with another patient
   50  at the same time.
   51         (c)Before a physician may delegate any duties during a
   52  gluteal fat grafting procedure, the patient must provide
   53  written, informed consent to such delegation. Any duties
   54  delegated during a gluteal fat grafting procedure must be
   55  performed under the direct supervision of the physician
   56  performing the procedure. Gluteal fat extractions and injections
   57  must be performed by the physician performing the procedure and
   58  may not be delegated.
   59         (d)Only the physician performing the gluteal fat grafting
   60  procedure may extract gluteal fat from, or inject gluteal fat
   61  into, the patient. The gluteal fat may be injected only into the
   62  subcutaneous space of the patient and may not cross the fascia
   63  overlying the gluteal muscle. Intramuscular and submuscular fat
   64  injections are prohibited.
   65         (e)When the physician performing a gluteal fat grafting
   66  procedure injects gluteal fat into the subcutaneous space of the
   67  patient, the physician must use ultrasound guidance during the
   68  placement and navigation of a cannula to ensure that the fat is
   69  placed into the subcutaneous space of the patient above the
   70  fascia overlying the gluteal muscle. Ultrasound guidance is not
   71  required for other portions of the procedure.
   72         (3) STANDARDS OF PRACTICE.—Surgeries performed in an office
   73  registered under this section may not:
   74         (a) Result in blood loss of more than 10 percent of
   75  estimated blood volume in a patient with a normal hemoglobin
   76  level;
   77         (b) Require major or prolonged intracranial, intrathoracic,
   78  abdominal, or joint replacement procedures, except for
   79  laparoscopic procedures;
   80         (c) Involve major blood vessels performed with direct
   81  visualization by open exposure of the major blood vessel, except
   82  for percutaneous endovascular intervention; or
   83         (d) Be emergent or life threatening.
   84         Section 6. Present subsection (2) of section 459.0138,
   85  Florida Statutes, is redesignated as subsection (4), a new
   86  subsection (2) and subsection (3) are added to that section, and
   87  paragraph (e) of subsection (1) of that section is amended, to
   88  read:
   89         459.0138 Office surgeries.—
   90         (1) REGISTRATION.—
   91         (e)1. An office seeking registration under this section
   92  must be inspected by the department before the office may be
   93  registered. If a registered office refuses any subsequent
   94  inspection under subparagraph 2., the office′s registration must
   95  be immediately suspended and may not be reinstated before
   96  completion of an inspection by the department. Completion of an
   97  inspection under this subparagraph does not guarantee a
   98  registration or reinstatement of a registration.
   99         2. The department shall inspect a registered office at
  100  least annually, including a review of patient records, to ensure
  101  that the office is in compliance with this section and rules
  102  adopted hereunder unless the office is accredited by a
  103  nationally recognized accrediting agency approved by the board.
  104  The inspection may be unannounced, except for the inspection of
  105  an office that meets the description of clinic specified in s.
  106  459.0137(1)(a)3.h., and those wholly owned and operated
  107  physician offices described in s. 459.0137(1)(a)3.g. which
  108  perform procedures referenced in s. 459.0137(1)(a)3.h., which
  109  must be announced.
  110         (2) GLUTEAL FAT GRAFTING PROCEDURES.—
  111         (a)Physicians performing gluteal fat grafting procedures
  112  in an office surgery setting must adhere to standards of
  113  practice prescribed under this subsection. The board may adopt
  114  rules to prescribe additional requirements for the safe
  115  performance of gluteal fat grafting procedures, provided such
  116  rules do not conflict with this subsection.
  117         (b)An office in which a physician performs gluteal fat
  118  grafting procedures must at all times maintain a ratio of one
  119  physician to one patient during all phases of the procedure,
  120  beginning with the administration of anesthesia to the patient
  121  and concluding with the extubation of the patient. A physician
  122  is not limited in the number of gluteal fat grafting procedures
  123  that he or she may safely perform in accordance with the
  124  applicable standard of care and as prescribed in this
  125  subsection. However, after a physician has commenced, and while
  126  he or she is engaged in, a gluteal fat grafting procedure, the
  127  physician may not commence or engage in another gluteal fat
  128  grafting procedure or any other procedure with another patient
  129  at the same time.
  130         (c)Before a physician may delegate any duties during a
  131  gluteal fat grafting procedure, the patient must provide
  132  written, informed consent to such delegation. Any duties
  133  delegated during a gluteal fat grafting procedure must be
  134  performed under the direct supervision of the physician
  135  performing the procedure. Gluteal fat extractions and injections
  136  must be performed by the physician performing the procedure and
  137  may not be delegated.
  138         (d)Only the physician performing the gluteal fat grafting
  139  procedure may extract gluteal fat from, or inject gluteal fat
  140  into, the patient. The gluteal fat may be injected only into the
  141  subcutaneous space of the patient and may not cross the fascia
  142  overlying the gluteal muscle. Intramuscular and submuscular fat
  143  injections are prohibited.
  144         (e)When the physician performing a gluteal fat grafting
  145  procedure injects gluteal fat into the subcutaneous space of the
  146  patient, the physician must use ultrasound guidance during the
  147  placement and navigation of a cannula to ensure that the fat is
  148  placed into the subcutaneous space of the patient above the
  149  fascia overlying the gluteal muscle. Ultrasound guidance is not
  150  required for other portions of the procedure.
  151         (3) STANDARDS OF PRACTICE.—Surgeries performed in an office
  152  registered under this section may not:
  153         (a) Result in blood loss of more than 10 percent of
  154  estimated blood volume in a patient with a normal hemoglobin
  155  level;
  156         (b) Require major or prolonged intracranial, intrathoracic,
  157  abdominal, or joint replacement procedures, except for
  158  laparoscopic procedures;
  159         (c) Involve major blood vessels performed with direct
  160  visualization by open exposure of the major blood vessel, except
  161  for percutaneous endovascular intervention; or
  162         (d) Be emergent or life threatening.
  163  
  164  ================= T I T L E  A M E N D M E N T ================
  165  And the title is amended as follows:
  166         Delete line 40
  167  and insert:
  168         screening requirements; amending ss. 458.328 and
  169         459.0138, F.S.; requiring that a physician′s office
  170         seeking registration to perform office surgeries must
  171         be inspected by the Department of Health before it may
  172         be registered; providing for immediate suspension of a
  173         registration under specified circumstances; providing
  174         construction; requiring physicians performing gluteal
  175         fat grafting procedures in an office surgery setting
  176         to adhere to specified standards of practice;
  177         authorizing the Board of Medicine and the Board of
  178         Osteopathic Medicine, respectively, to adopt certain
  179         rules; providing an effective date.