Florida Senate - 2015                              CS for SB 790
       
       
        
       By the Committee on Health Policy; and Senator Sobel
       
       
       
       
       
       588-03638-15                                           2015790c1
    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 physician for improperly
    7         delegating certain tasks; amending ss. 458.347,
    8         459.022, and 464.012, F.S.; authorizing a physician to
    9         delegate to a physician assistant and an advanced
   10         registered nurse practitioner certain tasks; creating
   11         ss. 458.352 and 459.027, F.S.; requiring a physician
   12         to document the licensure, education, training, and
   13         experience of an individual when the physician
   14         delegates certain tasks; requiring a health care
   15         practitioner who provides specified services to inform
   16         a patient of the identity and training status of all
   17         individuals involved in the patient’s care; providing
   18         an effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Paragraph (tt) is added to subsection (1) of
   23  section 458.331, Florida Statutes, to read:
   24         458.331 Grounds for disciplinary action; action by the
   25  board and department.—
   26         (1) The following acts constitute grounds for denial of a
   27  license or disciplinary action, as specified in s. 456.072(2):
   28         (tt) Delegating a procedure specified in s. 458.352(1) to a
   29  person other than a physician assistant licensed under this
   30  chapter or chapter 459 or an advanced registered nurse
   31  practitioner certified under chapter 464.
   32         Section 2. Paragraph (h) is added to subsection (4) of
   33  section 458.347, Florida Statutes, to read:
   34         458.347 Physician assistants.—
   35         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   36         (h) A supervisory physician may delegate to a licensed
   37  physician assistant the authority to conduct a procedure
   38  specified in s. 458.352(1).
   39         Section 3. Section 458.352, Florida Statutes, is created to
   40  read:
   41         458.352 Delegation of hair restoration or transplant
   42  services.—
   43         (1)If a physician delegates an incisional or excisional
   44  aspect of a follicular unit transplant, a follicular unit
   45  extraction, a scalp reduction surgery, a scalp flap surgery, or
   46  a scalp expansion surgery to a physician assistant, licensed
   47  under this chapter or chapter 459, or to an advanced registered
   48  nurse practitioner, certified under chapter 464, the delegating
   49  physician must document the licensure, education, training, and
   50  experience of the individual to whom he or she is delegating the
   51  procedure.
   52         (2)A health care practitioner who provides a service
   53  specified in subsection (1) must inform a patient who is
   54  receiving such services of the identity and training status of
   55  all individuals involved in the patient’s care.
   56         Section 4. Paragraph (vv) is added to subsection (1) of
   57  section 459.015, Florida Statutes, to read:
   58         459.015 Grounds for disciplinary action; action by the
   59  board and department.—
   60         (1) The following acts constitute grounds for denial of a
   61  license or disciplinary action, as specified in s. 456.072(2):
   62         (vv) Delegating a procedure specified in s. 459.027(1) to a
   63  person other than a physician assistant licensed under this
   64  chapter or chapter 458 or an advanced registered nurse
   65  practitioner certified under chapter 464.
   66         Section 5. Paragraph (g) is added to subsection (4) of
   67  section 459.022, Florida Statutes, to read:
   68         459.022 Physician assistants.—
   69         (4) PERFORMANCE OF PHYSICIAN ASSISTANTS.—
   70         (g) A supervisory physician may delegate to a licensed
   71  physician assistant the authority to conduct a procedure
   72  specified in s. 459.027(1).
   73         Section 6. Section 459.027, Florida Statutes, is created to
   74  read:
   75         459.027 Delegation of hair restoration or transplant
   76  services.—
   77         (1)If a physician, licensed under this chapter or chapter
   78  458, delegates an incisional or excisional aspect of a
   79  follicular unit transplant, a follicular unit extraction, a
   80  scalp reduction surgery, a scalp flap surgery, or a scalp
   81  expansion surgery to a physician assistant, licensed under this
   82  chapter or chapter 458, or to an advanced registered nurse
   83  practitioner, certified under chapter 464, the delegating
   84  physician must document the licensure, education, training, and
   85  experience of the individual to whom he or she is delegating the
   86  procedure.
   87         (2)A health care practitioner who provides a service
   88  specified in subsection (1) must inform a patient who is
   89  receiving such services of the identity and training status of
   90  all individuals involved in the patient’s care.
   91         Section 7. Paragraph (c) of subsection (4) of section
   92  464.012, Florida Statutes, is amended to read:
   93         464.012 Certification of advanced registered nurse
   94  practitioners; fees.—
   95         (4) In addition to the general functions specified in
   96  subsection (3), an advanced registered nurse practitioner may
   97  perform the following acts within his or her specialty:
   98         (c) The nurse practitioner may perform any or all of the
   99  following acts within the framework of established protocol:
  100         1. Manage selected medical problems.
  101         2. Order physical and occupational therapy.
  102         3. Initiate, monitor, or alter therapies for certain
  103  uncomplicated acute illnesses.
  104         4. Monitor and manage patients with stable chronic
  105  diseases.
  106         5. Establish behavioral problems and diagnosis and make
  107  treatment recommendations.
  108         6. Conduct a procedure that includes the incisional or
  109  excisional aspect of a follicular unit transplant, a follicular
  110  unit extraction, a scalp reduction surgery, a scalp flap
  111  surgery, or a scalp expansion surgery if a physician licensed
  112  under chapter 458 or chapter 459 delegates such procedure.
  113         Section 8. This act shall take effect July 1, 2015.