Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for HB 1561
       
       
       
       
       
       
                                Ì565294BÎ565294                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             03/04/2024 07:29 PM       .      03/05/2024 06:41 PM       
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       Senator Garcia moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a), (b), (c), and (h) of subsection
    6  (1) and subsection (2) of section 458.328, Florida Statutes, are
    7  amended to read:
    8         458.328 Office surgeries.—
    9         (1) REGISTRATION.—
   10         (a)1. An office in which a physician performs a liposuction
   11  procedure in which more than 1,000 cubic centimeters of
   12  supernatant fat is temporarily or permanently removed, a Level
   13  II office surgery, or a Level III office surgery must register
   14  with the department. unless the office is licensed as A facility
   15  licensed under chapter 390 or chapter 395 may not be registered
   16  under this section.
   17         2. The department must complete an inspection of any office
   18  seeking registration under this section before the office may be
   19  registered.
   20         (b) By January 1, 2020, Each office registered under this
   21  section or s. 459.0138 must designate a physician who is
   22  responsible for the office’s compliance with the office health
   23  and safety requirements of this section and rules adopted
   24  hereunder. A designated physician must have a full, active, and
   25  unencumbered license under this chapter or chapter 459 and shall
   26  practice at the office for which he or she has assumed
   27  responsibility. Within 10 calendar days after the termination of
   28  a designated physician relationship, the office must notify the
   29  department of the designation of another physician to serve as
   30  the designated physician. The department may suspend the
   31  registration of an office if the office fails to comply with the
   32  requirements of this paragraph.
   33         (c) As a condition of registration, each office must
   34  establish financial responsibility by demonstrating that it has
   35  met and continues to maintain, at a minimum, the same
   36  requirements applicable to physicians in ss. 458.320 and
   37  459.0085. An office in which a physician performs a gluteal fat
   38  grafting procedure must also establish financial responsibility
   39  by demonstrating that it has met and continues to maintain, at a
   40  minimum, the same requirements applicable to physicians in ss.
   41  458.320(2)(b) or (c) and 459.0085(2)(b) or (c), as applicable.
   42  Each physician practicing at an office registered under this
   43  section or s. 459.0138 must meet the financial responsibility
   44  requirements under s. 458.320 or s. 459.0085, as applicable.
   45         (h)A physician may only perform a procedure or surgery
   46  identified in paragraph (a) in an office that is registered with
   47  the department. The board shall impose a fine of $5,000 per day
   48  on a physician who performs a procedure or surgery in an office
   49  that is not registered with the department.
   50         (2) STANDARDS OF PRACTICE.—
   51         (a) A physician may not perform any surgery or procedure
   52  identified in paragraph (1)(a) in a setting other than an office
   53  surgery setting registered under this section or a facility
   54  licensed under chapter 390 or chapter 395, as applicable. The
   55  board shall impose a fine of $5,000 per incident on a physician
   56  who violates this paragraph performing a gluteal fat grafting
   57  procedure in an office surgery setting shall adhere to standards
   58  of practice pursuant to this subsection and rules adopted by the
   59  board.
   60         (b) Office surgeries may not:
   61         1. Be a type of surgery that generally results in blood
   62  loss of more than 10 percent of estimated blood volume in a
   63  patient with a normal hemoglobin level;
   64         2. Require major or prolonged intracranial, intrathoracic,
   65  abdominal, or joint replacement procedures, except for
   66  laparoscopic procedures;
   67         3. Involve major blood vessels and be performed with direct
   68  visualization by open exposure of the major blood vessel, except
   69  for percutaneous endovascular intervention; or
   70         4. Be emergent or life threatening.
   71         (c) A physician performing a gluteal fat grafting procedure
   72  in an office surgery setting shall adhere to standards of
   73  practice under this subsection and rules adopted by the board
   74  which include, but are not limited to, all of the following:
   75         1. A physician performing a gluteal fat grafting procedure
   76  must conduct an in-person examination of the patient while
   77  physically present in the same room as the patient no later than
   78  the day before the procedure.
   79         2. Before a physician may delegate any duties during a
   80  gluteal fat grafting procedure, the patient must provide
   81  written, informed consent for such delegation. Any duty
   82  delegated by a physician during a gluteal fat grafting procedure
   83  must be performed under the direct supervision of the physician
   84  performing such procedure. Fat extraction and gluteal fat
   85  injections must be performed by the physician and may not be
   86  delegated.
   87         3. Fat may only be injected into the subcutaneous space of
   88  the patient and may not cross the fascia overlying the gluteal
   89  muscle. Intramuscular or submuscular fat injections are
   90  prohibited.
   91         4. When the physician performing a gluteal fat grafting
   92  procedure injects fat into the subcutaneous space of the
   93  patient, the physician must use ultrasound guidance, or guidance
   94  with other technology authorized under board rule which equals
   95  or exceeds the quality of ultrasound, during the placement and
   96  navigation of the cannula to ensure that the fat is injected
   97  into the subcutaneous space of the patient above the fascia
   98  overlying the gluteal muscle. Such guidance with the use of
   99  ultrasound or other technology is not required for other
  100  portions of such procedure.
  101         5.An office in which a physician performs gluteal fat
  102  grafting procedures must at all times maintain a ratio of one
  103  physician to one patient during all phases of the procedure,
  104  beginning with the administration of anesthesia to the patient
  105  and concluding with the extubation of the patient. After a
  106  physician has commenced, and while he or she is engaged in, a
  107  gluteal fat grafting procedure, the physician may not commence
  108  or engage in another gluteal fat grafting procedure or any other
  109  procedure with another patient at the same time.
  110         (d) If a procedure in an office surgery setting results in
  111  hospitalization, the incident must be reported as an adverse
  112  incident pursuant to s. 458.351.
  113         (e)An office in which a physician performs gluteal fat
  114  grafting procedures must at all times maintain a ratio of one
  115  physician to one patient during all phases of the procedure,
  116  beginning with the administration of anesthesia to the patient
  117  and concluding with the extubation of the patient. After a
  118  physician has commenced, and while he or she is engaged in, a
  119  gluteal fat grafting procedure, the physician may not commence
  120  or engage in another gluteal fat grafting procedure or any other
  121  procedure with another patient at the same time.
  122         Section 2. Paragraphs (a), (b), (c), and (h) of subsection
  123  (1) and subsection (2) of section 459.0138, Florida Statutes,
  124  are amended to read:
  125         459.0138 Office surgeries.—
  126         (1) REGISTRATION.—
  127         (a)1. An office in which a physician performs a liposuction
  128  procedure in which more than 1,000 cubic centimeters of
  129  supernatant fat is temporarily or permanently removed, a Level
  130  II office surgery, or a Level III office surgery must register
  131  with the department. unless the office is licensed as A facility
  132  licensed under chapter 390 or chapter 395 may not be registered
  133  under this section.
  134         2. The department must complete an inspection of any office
  135  seeking registration under this section before the office may be
  136  registered.
  137         (b) By January 1, 2020, Each office registered under this
  138  section or s. 458.328 must designate a physician who is
  139  responsible for the office’s compliance with the office health
  140  and safety requirements of this section and rules adopted
  141  hereunder. A designated physician must have a full, active, and
  142  unencumbered license under this chapter or chapter 458 and shall
  143  practice at the office for which he or she has assumed
  144  responsibility. Within 10 calendar days after the termination of
  145  a designated physician relationship, the office must notify the
  146  department of the designation of another physician to serve as
  147  the designated physician. The department may suspend a
  148  registration for an office if the office fails to comply with
  149  the requirements of this paragraph.
  150         (c) As a condition of registration, each office must
  151  establish financial responsibility by demonstrating that it has
  152  met and continues to maintain, at a minimum, the same
  153  requirements applicable to physicians in ss. 458.320 and
  154  459.0085. An office in which a physician performs a gluteal fat
  155  grafting procedure must also establish financial responsibility
  156  by demonstrating that it has met and continues to maintain, at a
  157  minimum, the same requirements applicable to physicians in ss.
  158  458.320(2)(b) or (c) and 459.0085(2)(b) or (c), as applicable.
  159  Each physician practicing at an office registered under this
  160  section or s. 458.328 must meet the financial responsibility
  161  requirements under s. 458.320 or s. 459.0085, as applicable.
  162         (h)A physician may only perform a procedure or surgery
  163  identified in paragraph (a) in an office that is registered with
  164  the department. The board shall impose a fine of $5,000 per day
  165  on a physician who performs a procedure or surgery in an office
  166  that is not registered with the department.
  167         (2) STANDARDS OF PRACTICE.—
  168         (a) A physician may not perform any surgery or procedure
  169  identified in paragraph (1)(a) in a setting other than an office
  170  surgery setting registered under this section or a facility
  171  licensed under chapter 390 or chapter 395, as applicable. The
  172  board shall impose a fine of $5,000 per incident on a physician
  173  who violates this paragraph performing a gluteal fat grafting
  174  procedure in an office surgery setting shall adhere to standards
  175  of practice pursuant to this subsection and rules adopted by the
  176  board.
  177         (b) Office surgeries may not:
  178         1. Be a type of surgery that generally results in blood
  179  loss of more than 10 percent of estimated blood volume in a
  180  patient with a normal hemoglobin level;
  181         2. Require major or prolonged intracranial, intrathoracic,
  182  abdominal, or joint replacement procedures, except for
  183  laparoscopic procedures;
  184         3. Involve major blood vessels and be performed with direct
  185  visualization by open exposure of the major blood vessel, except
  186  for percutaneous endovascular intervention; or
  187         4. Be emergent or life threatening.
  188         (c) A physician performing a gluteal fat grafting procedure
  189  in an office surgery setting shall adhere to standards of
  190  practice under this subsection and rules adopted by the board
  191  which include, but are not limited to, all of the following:
  192         1. A physician performing a gluteal fat grafting procedure
  193  must conduct an in-person examination of the patient while
  194  physically present in the same room as the patient no later than
  195  the day before the procedure.
  196         2. Before a physician may delegate any duties during a
  197  gluteal fat grafting procedure, the patient must provide
  198  written, informed consent for such delegation. Any duty
  199  delegated by a physician during a gluteal fat grafting procedure
  200  must be performed under the direct supervision of the physician
  201  performing such procedure. Fat extraction and gluteal fat
  202  injections must be performed by the physician and may not be
  203  delegated.
  204         3. Fat may only be injected into the subcutaneous space of
  205  the patient and may not cross the fascia overlying the gluteal
  206  muscle. Intramuscular or submuscular fat injections are
  207  prohibited.
  208         4. When the physician performing a gluteal fat grafting
  209  procedure injects fat into the subcutaneous space of the
  210  patient, the physician must use ultrasound guidance, or guidance
  211  with other technology authorized under board rule which equals
  212  or exceeds the quality of ultrasound, during the placement and
  213  navigation of the cannula to ensure that the fat is injected
  214  into the subcutaneous space of the patient above the fascia
  215  overlying the gluteal muscle. Such guidance with the use of
  216  ultrasound or other technology is not required for other
  217  portions of such procedure.
  218         5.An office in which a physician performs gluteal fat
  219  grafting procedures must at all times maintain a ratio of one
  220  physician to one patient during all phases of the procedure,
  221  beginning with the administration of anesthesia to the patient
  222  and concluding with the extubation of the patient. After a
  223  physician has commenced, and while he or she is engaged in, a
  224  gluteal fat grafting procedure, the physician may not commence
  225  or engage in another gluteal fat grafting procedure or any other
  226  procedure with another patient at the same time.
  227         (d) If a procedure in an office surgery setting results in
  228  hospitalization, the incident must be reported as an adverse
  229  incident pursuant to s. 458.351.
  230         (e)An office in which a physician performs gluteal fat
  231  grafting procedures must at all times maintain a ratio of one
  232  physician to one patient during all phases of the procedure,
  233  beginning with the administration of anesthesia to the patient
  234  and concluding with the extubation of the patient. After a
  235  physician has commenced, and while he or she is engaged in, a
  236  gluteal fat grafting procedure, the physician may not commence
  237  or engage in another gluteal fat grafting procedure or any other
  238  procedure with another patient at the same time.
  239         Section 3. Subsection (6) of section 456.074, Florida
  240  Statutes, is amended to read
  241         456.074 Certain health care practitioners; immediate
  242  suspension of license.—
  243         (6) The department must issue an emergency order suspending
  244  or restricting the registration of an office registered under s.
  245  458.328 or s. 459.0138 s. 459.0139 upon a finding of probable
  246  cause that the office or a physician practicing in the office is
  247  not in compliance with the standards of practice for office
  248  surgery adopted by the boards pursuant to s. 458.328 or s.
  249  459.0138, as applicable, or is in violation of s. 458.331(1)(v)
  250  or s. 459.015(1)(z), and that such noncompliance or violation
  251  constitutes an immediate danger to the public.
  252         Section 4. This act shall take effect upon becoming a law.
  253  
  254  ================= T I T L E  A M E N D M E N T ================
  255  And the title is amended as follows:
  256         Delete everything before the enacting clause
  257  and insert:
  258                        A bill to be entitled                      
  259         An act relating to office surgeries; amending ss.
  260         458.328 and 459.0138, F.S.; revising the types of
  261         procedures for which a medical office must register
  262         with the Department of Health to perform office
  263         surgeries; deleting obsolete language; making
  264         technical and clarifying changes; requiring medical
  265         offices performing specified office surgeries to
  266         demonstrate to the department that they have
  267         established financial responsibility in a specified
  268         manner; revising standards of practice for office
  269         surgeries; amending s. 456.074, F.S.; correcting a
  270         cross-reference; providing an effective date.