Florida Senate - 2015 SB 790 By Senator Sobel 33-00366A-15 2015790__ 1 A bill to be entitled 2 An act relating to hair restoration or transplant; 3 amending ss. 458.331 and 459.015, F.S.; authorizing 4 the Board of Medicine, the Board of Osteopathic 5 Medicine, and the Department of Health to deny a 6 license to or to discipline a hair restoration or 7 transplant surgeon for improperly delegating certain 8 tasks; authorizing the boards and the department to 9 discipline an individual other than a physician 10 assistant or an advanced registered nurse practitioner 11 for improperly accepting the delegation of certain 12 tasks; amending ss. 458.347, 459.022, and 464.012, 13 F.S.; authorizing a supervisory hair restoration or 14 transplant surgeon to delegate to a physician 15 assistant and an advanced registered nurse 16 practitioner certain tasks; creating ss. 458.352 and 17 459.027, F.S.; requiring a hair restoration or 18 transplant surgeon to document the licensure, 19 education, training, and experience of an individual 20 who accepts the delegation of certain tasks; defining 21 the term “surgical procedure”; requiring a health care 22 provider of hair restoration or transplant to inform a 23 patient of the identity and training status of the 24 individuals involved in the patient’s care; providing 25 an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Paragraphs (tt) and (uu) are added to subsection 30 (1) of section 458.331, Florida Statutes, to read: 31 458.331 Grounds for disciplinary action; action by the 32 board and department.— 33 (1) The following acts constitute grounds for denial of a 34 license or disciplinary action, as specified in s. 456.072(2): 35 (tt) Delegating a surgical procedure, as defined in s. 36 458.352(1), or delegating an incisional or excisional aspect of 37 such surgical procedure, to a person other than a physician 38 assistant licensed under this chapter or chapter 459 or an 39 advanced registered nurse practitioner certified under chapter 40 464, by a hair restoration or transplant surgeon. 41 (uu) Accepting a delegation of a surgical procedure, as 42 defined in s. 458.352(1), or accepting an incisional or 43 excisional aspect of such surgical procedure, by a person other 44 than a physician assistant licensed under this chapter or 45 chapter 459 or an advanced registered nurse practitioner 46 certified under chapter 464, from a hair restoration or 47 transplant surgeon. 48 Section 2. Paragraph (h) is added to subsection (4) of 49 section 458.347, Florida Statutes, to read: 50 458.347 Physician assistants.— 51 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— 52 (h) A supervisory hair restoration or transplant surgeon 53 licensed under this chapter or chapter 459 may delegate to a 54 physician assistant the authority to conduct the incisional or 55 excisional aspects of a surgical procedure as defined in s. 56 458.352(1). 57 Section 3. Section 458.352, Florida Statutes, is created to 58 read: 59 458.352 Hair restoration or transplant.— 60 (1) If a hair restoration or transplant surgeon delegates 61 an incisional or excisional aspect of a surgical procedure, the 62 surgeon must document the licensure, education, training, and 63 experience of the individual who receives the delegation. As 64 used in this subsection, the term “surgical procedure” means a 65 follicular unit transplant, follicular unit extraction, scalp 66 reduction surgery, scalp flap surgery, or scalp expansion 67 surgery. 68 (2) A health care provider of hair restoration or 69 transplant must inform a patient of the identity and training 70 status of the individuals involved in the patient’s care. 71 Section 4. Paragraphs (vv) and (ww) are added to subsection 72 (1) of section 459.015, Florida Statutes, to read: 73 459.015 Grounds for disciplinary action; action by the 74 board and department.— 75 (1) The following acts constitute grounds for denial of a 76 license or disciplinary action, as specified in s. 456.072(2): 77 (vv) Delegating a surgical procedure, as defined in s. 78 459.027(1), or delegating an incisional or excisional aspect of 79 such surgical procedure, to a person other than a physician 80 assistant licensed under this chapter or chapter 458 or an 81 advanced registered nurse practitioner certified under chapter 82 464, by a hair restoration or transplant surgeon. 83 (ww) Accepting a delegation of a surgical procedure, as 84 defined in s. 459.027(1), or accepting an incisional or 85 excisional aspect of such surgical procedure, by a person other 86 than a physician assistant licensed under this chapter or 87 chapter 458 or an advanced registered nurse practitioner 88 certified under chapter 464, from a hair restoration or 89 transplant surgeon. 90 Section 5. Paragraph (g) is added to subsection (4) of 91 section 459.022, Florida Statutes, to read: 92 459.022 Physician assistants.— 93 (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.— 94 (g) A supervisory hair restoration or transplant surgeon 95 licensed under this chapter or chapter 458 may delegate to a 96 physician assistant the authority to conduct the incisional or 97 excisional aspects of a surgical procedure as defined in s. 98 459.027(1). 99 Section 6. Section 459.027, Florida Statutes, is created to 100 read: 101 459.027 Hair restoration or transplant.— 102 (1) If a hair restoration or transplant surgeon delegates 103 an incisional or excisional aspect of a surgical procedure, the 104 surgeon must document the licensure, education, training, and 105 experience of the individual who receives the delegation. As 106 used in this subsection, the term “surgical procedure” means a 107 follicular unit transplant, follicular unit extraction, scalp 108 reduction surgery, scalp flap surgery, or scalp expansion 109 surgery. 110 (2) A health care provider of hair restoration or 111 transplant must inform a patient of the identity and training 112 status of the individuals involved in the patient’s care. 113 Section 7. Paragraph (c) of subsection (4) of section 114 464.012, Florida Statutes, is amended to read: 115 464.012 Certification of advanced registered nurse 116 practitioners; fees.— 117 (4) In addition to the general functions specified in 118 subsection (3), an advanced registered nurse practitioner may 119 perform the following acts within his or her specialty: 120 (c) The nurse practitioner may perform any or all of the 121 following acts within the framework of established protocol: 122 1. Manage selected medical problems. 123 2. Order physical and occupational therapy. 124 3. Initiate, monitor, or alter therapies for certain 125 uncomplicated acute illnesses. 126 4. Monitor and manage patients with stable chronic 127 diseases. 128 5. Establish behavioral problems and diagnosis and make 129 treatment recommendations. 130 6. Accept a delegation from a hair restoration or 131 transplant surgeon licensed under chapter 458 or chapter 459 to 132 perform the incisional or excisional aspects of a surgical 133 procedure as defined in s. 458.352(1). 134 Section 8. This act shall take effect July 1, 2015.