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.