CS for CS for SB 732                             First Engrossed
       
       
       
       
       
       
       
       
       2019732e1
       
    1                        A bill to be entitled                      
    2         An act relating to office surgery; amending s.
    3         456.074, F.S.; authorizing the Department of Health to
    4         issue an emergency order suspending or restricting the
    5         registration of certain facilities upon specified
    6         findings; requiring the department to revoke the
    7         registration of an office when its noncompliance
    8         constitutes an immediate or imminent danger to the
    9         health or safety of the public; amending s. 458.309,
   10         F.S.; deleting a provision relating to registration
   11         and inspection of an office in which a physician
   12         performs certain procedures or office surgeries;
   13         creating s. 458.328, F.S.; requiring an office in
   14         which a physician performs certain procedures or
   15         office surgeries to register with the department;
   16         requiring an office to designate a physician to be
   17         responsible for certain compliance requirements as
   18         part of registration by a specified date; requiring an
   19         office and physicians practicing at the office to meet
   20         certain financial responsibility requirements;
   21         authorizing the department to deny or revoke the
   22         registration of or impose certain penalties against a
   23         facility in which certain procedures or office
   24         surgeries are performed under certain circumstances;
   25         requiring the department to conduct certain
   26         inspections; providing exceptions; requiring the
   27         department to revoke the registration of an office in
   28         which certain procedures or office surgeries are
   29         performed under certain circumstances; requiring the
   30         Board of Medicine to adopt rules governing the
   31         standards of practice for physicians practicing in
   32         such offices and to impose a specified fine on
   33         physicians who perform certain procedures or office
   34         surgeries in an unregistered office; authorizing the
   35         board to adopt rules to administer the registration,
   36         inspection, and safety of offices in which certain
   37         procedures or office surgeries are performed; amending
   38         s. 458.331, F.S.; providing that a physician
   39         performing certain procedures or office surgeries in
   40         an unregistered office constitutes grounds for denial
   41         of a license or disciplinary action; amending s.
   42         459.005, F.S.; deleting a provision relating to
   43         registration and inspection of an office in which a
   44         physician performs certain procedures or office
   45         surgeries; creating s. 459.0138, F.S.; requiring an
   46         office in which a physician performs certain
   47         procedures or office surgeries to register with the
   48         department; requiring an office to designate a
   49         physician to be responsible for certain compliance
   50         requirements as part of registration by a specified
   51         date; requiring an office and physicians practicing at
   52         the office to meet certain financial responsibility
   53         requirements; authorizing the department to deny or
   54         revoke the registration of or impose certain penalties
   55         against a facility in which certain procedures or
   56         office surgeries are performed under certain
   57         circumstances; requiring the department to conduct
   58         certain inspections; providing exceptions; requiring
   59         the department to revoke the registration of an office
   60         in which certain procedures or office surgeries are
   61         performed under certain circumstances; requiring the
   62         Board of Osteopathic Medicine to adopt rules governing
   63         the standards of practice for physicians practicing in
   64         such offices and to impose a specified fine on
   65         physicians who perform certain procedures or office
   66         surgeries in an unregistered office; authorizing the
   67         board to adopt rules to administer the registration,
   68         inspection, and safety of offices in which certain
   69         procedures or office surgeries are performed; amending
   70         s. 459.015, F.S.; providing that the performance of
   71         certain procedures or office surgeries by a physician
   72         in an unregistered office constitutes grounds for
   73         denial of a license or disciplinary action; providing
   74         an effective date.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Subsection (6) is added to section 456.074,
   79  Florida Statutes, to read:
   80         456.074 Certain health care practitioners; immediate
   81  suspension of license.—
   82         (6)The department may issue an emergency order suspending
   83  or restricting the registration of an office registered under s.
   84  458.328 or s. 459.0139 upon a finding of probable cause that the
   85  office or a physician practicing in the office is not in
   86  compliance with the standards of practice for office surgery
   87  adopted by the boards pursuant to s. 458.328 or s. 459.0138, as
   88  applicable, or is in violation of s. 458.331(1)(v) or s.
   89  459.015(1)(z), and that such noncompliance or violation
   90  constitutes an immediate danger to the public. The department
   91  shall revoke the registration of an office if the noncompliance
   92  constitutes an immediate or imminent danger to the health or
   93  safety of the public.
   94         Section 2. Subsection (3) of section 458.309, Florida
   95  Statutes, is amended to read:
   96         458.309 Rulemaking authority.—
   97         (3)A physician who performs liposuction procedures in
   98  which more than 1,000 cubic centimeters of supernatant fat is
   99  removed, level 2 procedures lasting more than 5 minutes, and all
  100  level 3 surgical procedures in an office setting must register
  101  the office with the department unless that office is licensed as
  102  a facility under chapter 395. The department shall inspect the
  103  physician’s office annually unless the office is accredited by a
  104  nationally recognized accrediting agency or an accrediting
  105  organization subsequently approved by the Board of Medicine. The
  106  actual costs for registration and inspection or accreditation
  107  shall be paid by the person seeking to register and operate the
  108  office setting in which office surgery is performed.
  109         Section 3. Section 458.328, Florida Statutes, is created to
  110  read:
  111         458.328Office surgeries.—
  112         (1)REGISTRATION.—
  113         (a)An office in which a physician performs a liposuction
  114  procedure in which more than 1,000 cubic centimeters of
  115  supernatant fat is removed, a Level II office surgery, or a
  116  Level III office surgery must register with the department
  117  unless the office is licensed as a facility under chapter 390 or
  118  chapter 395.
  119         (b)By January 1, 2020, each office registered under this
  120  section or s. 459.0138 must designate a physician who is
  121  responsible for the office’s compliance with the office health
  122  and safety requirements of this section and rules adopted
  123  hereunder. A designated physician must have a full, active, and
  124  unencumbered license under this chapter or chapter 459 and shall
  125  practice at the office for which he or she has assumed
  126  responsibility. Within 10 calendar days after the termination of
  127  a designated physician relationship, the office must notify the
  128  department of the designation of another physician to serve as
  129  the designated physician. The department may suspend the
  130  registration of an office if the office fails to comply with the
  131  requirements of this paragraph.
  132         (c) As a condition of registration, each office must
  133  establish financial responsibility by demonstrating that it has
  134  met and continues to maintain, at a minimum, the same
  135  requirements applicable to physicians in ss. 458.320 and
  136  459.0085. Each physician practicing at an office registered
  137  under this section or s. 459.0138 must meet the financial
  138  responsibility requirements under s. 458.320 or s. 459.0085, as
  139  applicable.
  140         (d)Each physician practicing at an office registered under
  141  this section or s. 459.0138 shall advise the board, in writing,
  142  within 10 calendar days after beginning or ending his or her
  143  practice at a registered office.
  144         (e)The department shall inspect a registered office at
  145  least annually, including a review of patient records, to ensure
  146  that the office is in compliance with this section and rules
  147  adopted hereunder unless the office is accredited by a
  148  nationally recognized accrediting agency approved by the board.
  149  The inspection may be unannounced, except for the inspection of
  150  an office that meets the description of a clinic specified in s.
  151  458.3265(1)(a)3.h., and those wholly owned and operated
  152  physician offices described in s. 458.3265(1)(a)3.g. which
  153  perform procedures referenced in s. 458.3265(1)(a)3.h., which
  154  must be announced.
  155         (f)The department may suspend or revoke the registration
  156  of an office in which a procedure or surgery identified in
  157  paragraph (a) is performed for failure of any of its physicians,
  158  owners, or operators to comply with this section and rules
  159  adopted hereunder or s. 459.0138 and rules adopted thereunder.
  160  The department must revoke the registration if the noncompliance
  161  constitutes an immediate or imminent danger to the health or
  162  safety of the public. If an office’s registration is revoked for
  163  any reason, the department may deny any person named in the
  164  registration documents of the office, including the persons who
  165  own or operate the office, individually or as part of a group,
  166  from registering an office to perform procedures or office
  167  surgeries pursuant to this section or s. 459.0138 for 5 years
  168  after the revocation date.
  169         (g)The department may impose any penalty set forth in s.
  170  456.072(2) against the designated physician for failure of the
  171  office to operate in compliance with the office health and
  172  safety requirements of this section and rules adopted hereunder
  173  or s. 459.0138 and rules adopted thereunder.
  174         (h)A physician may only perform a procedure or surgery
  175  identified in paragraph (a) in an office that is registered with
  176  the department. The board shall impose a fine of $5,000 per day
  177  on a physician who performs a procedure or surgery in an office
  178  that is not registered with the department.
  179         (i)The actual costs of registration and inspection or
  180  accreditation shall be paid by the person seeking to register
  181  and operate the office in which a procedure or surgery
  182  identified in paragraph (a) will be performed.
  183         (2)RULEMAKING.—
  184         (a)The board shall adopt by rule standards of practice for
  185  physicians who perform procedures or office surgeries pursuant
  186  to this section.
  187         (b)The board may adopt rules to administer the
  188  registration, inspection, and safety of offices in which a
  189  physician performs procedures or office surgeries pursuant to
  190  this section.
  191         Section 4. Paragraph (vv) is added to subsection (1) of
  192  section 458.331, Florida Statutes, to read:
  193         458.331 Grounds for disciplinary action; action by the
  194  board and department.—
  195         (1) The following acts constitute grounds for denial of a
  196  license or disciplinary action, as specified in s. 456.072(2):
  197         (vv)Performing a liposuction procedure in which more than
  198  1,000 cubic centimeters of supernatant fat is removed, a Level
  199  II office surgery, or a Level III office surgery in an office
  200  that is not registered with the department pursuant to s.
  201  458.328 or s. 459.0138.
  202         Section 5. Subsection (2) of section 459.005, Florida
  203  Statutes, is amended to read:
  204         459.005 Rulemaking authority.—
  205         (2)A physician who performs liposuction procedures in
  206  which more than 1,000 cubic centimeters of supernatant fat is
  207  removed, level 2 procedures lasting more than 5 minutes, and all
  208  level 3 surgical procedures in an office setting must register
  209  the office with the department unless that office is licensed as
  210  a facility under chapter 395. The department shall inspect the
  211  physician’s office annually unless the office is accredited by a
  212  nationally recognized accrediting agency or an accrediting
  213  organization subsequently approved by the Board of Osteopathic
  214  Medicine. The actual costs for registration and inspection or
  215  accreditation shall be paid by the person seeking to register
  216  and operate the office setting in which office surgery is
  217  performed.
  218         Section 6. Section 459.0138, Florida Statutes, is created
  219  to read:
  220         459.0138Office surgeries.—
  221         (1)REGISTRATION.—
  222         (a)An office in which a physician performs a liposuction
  223  procedure in which more than 1,000 cubic centimeters of
  224  supernatant fat is removed, a Level II office surgery, or a
  225  Level III office surgery must register with the department
  226  unless the office is licensed as a facility under chapter 390 or
  227  chapter 395.
  228         (b)By January 1, 2020, each office registered under this
  229  section or s. 458.328 must designate a physician who is
  230  responsible for the office’s compliance with the office health
  231  and safety requirements of this section and rules adopted
  232  hereunder. A designated physician must have a full, active, and
  233  unencumbered license under this chapter or chapter 458 and shall
  234  practice at the office for which he or she has assumed
  235  responsibility. Within 10 calendar days after the termination of
  236  a designated physician relationship, the office must notify the
  237  department of the designation of another physician to serve as
  238  the designated physician. The department may suspend a
  239  registration for an office if the office fails to comply with
  240  the requirements of this paragraph.
  241         (c) As a condition of registration, each office must
  242  establish financial responsibility by demonstrating that it has
  243  met and continues to maintain, at a minimum, the same
  244  requirements applicable to physicians in ss. 458.320 and
  245  459.0085. Each physician practicing at an office registered
  246  under this section or s. 458.328 must meet the financial
  247  responsibility requirements under s. 458.320 or s. 459.0085, as
  248  applicable.
  249         (d)Each physician practicing at an office registered under
  250  this section or s. 458.328 shall advise the board, in writing,
  251  within 10 calendar days after beginning or ending his or her
  252  practice at the registered office.
  253         (e)The department shall inspect a registered office at
  254  least annually, including a review of patient records, to ensure
  255  that the office is in compliance with this section and rules
  256  adopted hereunder unless the office is accredited by a
  257  nationally recognized accrediting agency approved by the board.
  258  The inspection may be unannounced, except for the inspection of
  259  an office that meets the description of clinic specified in s.
  260  459.0137(1)(a)3.h., and those wholly owned and operated
  261  physician offices described in s. 459.0137(1)(a)3.g. which
  262  perform procedures referenced in s. 459.0237(1)(a)3.h., which
  263  must be announced.
  264         (f)The department may suspend or revoke the registration
  265  of an office in which a procedure or surgery identified in
  266  paragraph (a) is performed for failure of any of its physicians,
  267  owners, or operators to comply with this section and rules
  268  adopted hereunder or s. 458.328 and rules adopted thereunder.
  269  The department must revoke the registration if the noncompliance
  270  constitutes an immediate or imminent danger to the health or
  271  safety of the public. If an office’s registration is revoked for
  272  any reason, the department may deny any person named in the
  273  registration documents of the office, including the persons who
  274  own or operate the office, individually or as part of a group,
  275  from registering an office to perform procedures or office
  276  surgeries pursuant to this section or s. 458.328 for 5 years
  277  after the revocation date.
  278         (g)The department may impose any penalty set forth in s.
  279  456.072(2) against the designated physician for failure of the
  280  office to operate in compliance with the office health and
  281  safety requirements of this section and rules adopted hereunder
  282  or s. 458.328 and rules adopted thereunder.
  283         (h)A physician may only perform a procedure or surgery
  284  identified in paragraph (a) in an office that is registered with
  285  the department. The board shall impose a fine of $5,000 per day
  286  on a physician who performs a procedure or surgery in an office
  287  that is not registered with the department.
  288         (i)The actual costs of registration and inspection or
  289  accreditation shall be paid by the person seeking to register
  290  and operate the office in which a procedure or surgery
  291  identified in paragraph (a) will be performed.
  292         (2)RULEMAKING.—
  293         (a)The board shall adopt by rule standards of practice for
  294  physicians who perform procedures or office surgeries pursuant
  295  to this section.
  296         (b)The board may adopt rules to administer the
  297  registration, inspection, and safety of offices in which a
  298  physician performs procedures or office surgeries pursuant to
  299  this section.
  300         Section 7. Paragraph (xx) is added to subsection (1) of
  301  section 459.015, Florida Statutes, to read:
  302         459.015 Grounds for disciplinary action; action by the
  303  board and department.—
  304         (1) The following acts constitute grounds for denial of a
  305  license or disciplinary action, as specified in s. 456.072(2):
  306         (xx)Performing a liposuction procedure in which more than
  307  1,000 cubic centimeters of supernatant fat is removed, a Level
  308  II office surgery, or a Level III office surgery in an office
  309  that is not registered with the department pursuant to s.
  310  458.328 or s. 459.0138.
  311         Section 8. This act shall take effect January 1, 2020.