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         458.352Hair 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.