Florida Senate - 2011 SB 1580 By Senator Sobel 31-00641-11 20111580__ 1 A bill to be entitled 2 An act relating to medspas; amending s. 400.9905, 3 F.S.; redefining the term “clinic” to include a medspa 4 for purposes of regulation under the Health Care 5 Clinic Act; defining the term “medspa”; providing an 6 effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1. Subsection (4) of section 400.9905, Florida 11 Statutes, is amended, present subsections (6) and (7) of that 12 section are renumbered as subsections (7) and (8), respectively, 13 and a new subsection (6) is added to that section, to read: 14 400.9905 Definitions.— 15 (4) “Clinic” means an entity at which health care services 16 are provided to individuals and whichtenderschargesfor17reimbursementfor such services, including a mobile clinic, a 18 medspa, and a portable equipment provider. For purposes of this 19 part, the term does not include and the licensure requirements 20 of this part do not apply to: 21 (a) Entities licensed or registered by the state under 22 chapter 395; or entities licensed or registered by the state and 23 providing only health care services within the scope of services 24 authorized under their respective licenses granted under ss. 25 383.30-383.335, chapter 390, chapter 394, chapter 397, this 26 chapter except part X, chapter 429, chapter 463, chapter 465, 27 chapter 466, chapter 478, part I of chapter 483, chapter 484, or 28 chapter 651; end-stage renal disease providers authorized under 29 42 C.F.R. part 405, subpart U; or providers certified under 42 30 C.F.R. part 485, subpart B or subpart H; or any entity that 31 provides neonatal or pediatric hospital-based health care 32 services or other health care services by licensed practitioners 33 solely within a hospital licensed under chapter 395. 34 (b) Entities that own, directly or indirectly, entities 35 licensed or registered by the state pursuant to chapter 395; or 36 entities that own, directly or indirectly, entities licensed or 37 registered by the state and providing only health care services 38 within the scope of services authorized pursuant to their 39 respective licenses granted under ss. 383.30-383.335, chapter 40 390, chapter 394, chapter 397, this chapter except part X, 41 chapter 429, chapter 463, chapter 465, chapter 466, chapter 478, 42 part I of chapter 483, chapter 484, chapter 651; end-stage renal 43 disease providers authorized under 42 C.F.R. part 405, subpart 44 U; or providers certified under 42 C.F.R. part 485, subpart B or 45 subpart H; or any entity that provides neonatal or pediatric 46 hospital-based health care services by licensed practitioners 47 solely within a hospital licensed under chapter 395. 48 (c) Entities that are owned, directly or indirectly, by an 49 entity licensed or registered by the state pursuant to chapter 50 395; or entities that are owned, directly or indirectly, by an 51 entity licensed or registered by the state and providing only 52 health care services within the scope of services authorized 53 pursuant to their respective licenses granted under ss. 383.30 54 383.335, chapter 390, chapter 394, chapter 397, this chapter 55 except part X, chapter 429, chapter 463, chapter 465, chapter 56 466, chapter 478, part I of chapter 483, chapter 484, or chapter 57 651; end-stage renal disease providers authorized under 42 58 C.F.R. part 405, subpart U; or providers certified under 42 59 C.F.R. part 485, subpart B or subpart H; or any entity that 60 provides neonatal or pediatric hospital-based health care 61 services by licensed practitioners solely within a hospital 62 under chapter 395. 63 (d) Entities that are under common ownership, directly or 64 indirectly, with an entity licensed or registered by the state 65 pursuant to chapter 395; or entities that are under common 66 ownership, directly or indirectly, with an entity licensed or 67 registered by the state and providing only health care services 68 within the scope of services authorized pursuant to their 69 respective licenses granted under ss. 383.30-383.335, chapter 70 390, chapter 394, chapter 397, this chapter except part X, 71 chapter 429, chapter 463, chapter 465, chapter 466, chapter 478, 72 part I of chapter 483, chapter 484, or chapter 651; end-stage 73 renal disease providers authorized under 42 C.F.R. part 405, 74 subpart U; or providers certified under 42 C.F.R. part 485, 75 subpart B or subpart H; or any entity that provides neonatal or 76 pediatric hospital-based health care services by licensed 77 practitioners solely within a hospital licensed under chapter 78 395. 79 (e) An entity that is exempt from federal taxation under 26 80 U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan 81 under 26 U.S.C. s. 409 that has a board of trustees not less 82 than two-thirds of which are Florida-licensed health care 83 practitioners and provides only physical therapy services under 84 physician orders, any community college or university clinic, 85 and any entity owned or operated by the federal or state 86 government, including agencies, subdivisions, or municipalities 87 thereof. 88 (f) A sole proprietorship, group practice, partnership, or 89 corporation that provides health care services by physicians 90 covered by s. 627.419, that is directly supervised by one or 91 more of such physicians, and that is wholly owned by one or more 92 of those physicians or by a physician and the spouse, parent, 93 child, or sibling of that physician. 94 (g) A sole proprietorship, group practice, partnership, or 95 corporation that provides health care services by licensed 96 health care practitioners under chapter 457, chapter 458, 97 chapter 459, chapter 460, chapter 461, chapter 462, chapter 463, 98 chapter 466, chapter 467, chapter 480, chapter 484, chapter 486, 99 chapter 490, chapter 491, or part I, part III, part X, part 100 XIII, or part XIV of chapter 468, or s. 464.012, which are 101 wholly owned by one or more licensed health care practitioners, 102 or the licensed health care practitioners set forth in this 103 paragraph and the spouse, parent, child, or sibling of a 104 licensed health care practitioner, so long as one of the owners 105 who is a licensed health care practitioner is supervising the 106 business activities and is legally responsible for the entity’s 107 compliance with all federal and state laws. However, a health 108 care practitioner may not supervise services beyond the scope of 109 the practitioner’s license, except that, for the purposes of 110 this part, a clinic owned by a licensee in s. 456.053(3)(b) that 111 provides only services authorized pursuant to s. 456.053(3)(b) 112 may be supervised by a licensee specified in s. 456.053(3)(b). 113 (h) Clinical facilities affiliated with an accredited 114 medical school at which training is provided for medical 115 students, residents, or fellows. 116 (i) Entities that provide only oncology or radiation 117 therapy services by physicians licensed under chapter 458 or 118 chapter 459 or entities that provide oncology or radiation 119 therapy services by physicians licensed under chapter 458 or 120 chapter 459 which are owned by a corporation whose shares are 121 publicly traded on a recognized stock exchange. 122 (j) Clinical facilities affiliated with a college of 123 chiropractic accredited by the Council on Chiropractic Education 124 at which training is provided for chiropractic students. 125 (k) Entities that provide licensed practitioners to staff 126 emergency departments or to deliver anesthesia services in 127 facilities licensed under chapter 395 and that derive at least 128 90 percent of their gross annual revenues from the provision of 129 such services. Entities claiming an exemption from licensure 130 under this paragraph must provide documentation demonstrating 131 compliance. 132 (l) Orthotic or prosthetic clinical facilities that are a 133 publicly traded corporation or that are wholly owned, directly 134 or indirectly, by a publicly traded corporation. As used in this 135 paragraph, a publicly traded corporation is a corporation that 136 issues securities traded on an exchange registered with the 137 United States Securities and Exchange Commission as a national 138 securities exchange. 139 (6) “Medspa” means an entity at which: 140 (a) A patient is injected with a cosmetic or esthetic 141 substance that is prescribed by a health care provider who is 142 licensed to prescribe drugs in this state; or 143 (b) Human tissue is altered through the use of a device 144 that: 145 1. Is prescribed by a health care provider who is licensed 146 to prescribe drugs in this state; and 147 2. Uses waveform energy, including, but not limited to, a 148 laser or intense pulsed light. 149 Section 2. This act shall take effect July 1, 2011.