Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS/CS/HB 1471, 1st Eng. Ì324066*Î324066 LEGISLATIVE ACTION Senate . House . . . Floor: WD . 05/01/2023 10:22 AM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Garcia moved the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 116 - 295 4 and insert: 5 Section 3. Present subsection (2) of section 458.328, 6 Florida Statutes, is redesignated as subsection (4), a new 7 subsection (2) and subsection (3) are added to that section, and 8 paragraph (e) of subsection (1) of that section is amended, to 9 read: 10 458.328 Office surgeries.— 11 (1) REGISTRATION.— 12 (e)1. An office seeking registration under this section 13 must be inspected by the department before the office may be 14 registered. The department may not register a facility until it 15 is inspected and shall not register a facility that must be 16 licensed under chapter 390 or chapter 395. Completion of an 17 inspection under this subparagraph does not guarantee a 18 registration. 19 2. If a registered office refuses any subsequent inspection 20 under subparagraph 3., the department must immediately suspend 21 the office′s registration and may not reinstate the registration 22 before the completion of an inspection by the department. Such 23 office must be closed during the entire period of suspension. 24 Completion of an inspection under this subparagraph does not 25 guarantee a registration, reinstatement of a registration, or 26 lifting of the suspension. 27 3. The department shall inspect a registered office at 28 least annually, including a review of patient records, to ensure 29 that the office is in compliance with this section and rules 30 adopted hereunder unless the office is accredited by a 31 nationally recognized accrediting agency approved by the board. 32 The inspection may be unannounced, except for the inspection of 33 an office that meets the description of a clinic specified in s. 34 458.3265(1)(a)3.h., and those wholly owned and operated 35 physician offices described in s. 458.3265(1)(a)3.g. which 36 perform procedures referenced in s. 458.3265(1)(a)3.h., which 37 must be announced. 38 (2) STANDARDS OF PRACTICE.— 39 (a) Surgeries performed in an office registered under this 40 section may not include surgeries that: 41 1. Are a type of surgery which generally results in blood 42 loss of more than 10 percent of estimated blood volume in a 43 patient with a normal hemoglobin level; 44 2. Require major or prolonged intracranial, intrathoracic, 45 abdominal, or joint replacement procedures, except for 46 laparoscopic procedures; 47 3. Involve major blood vessels and are performed with 48 direct visualization by open exposure of the major blood vessel, 49 except for percutaneous endovascular intervention; or 50 4. Are emergent or life threatening. 51 (b) If a procedure in an office surgery setting results in 52 hospitalization, the incident must be reported as an adverse 53 incident pursuant to s. 458.351. 54 (3) GLUTEAL FAT GRAFTING PROCEDURES.— 55 (a) Physicians performing gluteal fat grafting procedures 56 in an office surgery setting must adhere to standards of 57 practice prescribed under this subsection. 58 (b) A physician performing a gluteal fat grafting procedure 59 must conduct an in-person examination of the patient no later 60 than the day before the procedure. 61 (c) An office in which a physician performs gluteal fat 62 grafting procedures must at all times maintain a ratio of one 63 physician to one patient during all phases of the procedure, 64 beginning with the administration of anesthesia to the patient 65 and concluding with the extubation of the patient. However, 66 after a physician has commenced, and while he or she is engaged 67 in, a gluteal fat grafting procedure, the physician may not 68 commence or engage in another gluteal fat grafting procedure or 69 any other procedure with another patient at the same time. 70 (d) Before a physician may delegate any duties during a 71 gluteal fat grafting procedure, the patient must provide 72 written, informed consent to such delegation. Any duties 73 delegated during a gluteal fat grafting procedure must be 74 performed under the direct supervision of the physician 75 performing the procedure. Gluteal fat extractions and injections 76 must be performed by the physician performing the procedure and 77 may not be delegated. 78 (e) Only the physician performing the gluteal fat grafting 79 procedure may extract gluteal fat from, or inject gluteal fat 80 into, the patient. The gluteal fat may be injected only into the 81 subcutaneous space of the patient and may not cross the fascia 82 overlying the gluteal muscle. Intramuscular and submuscular fat 83 injections are prohibited. 84 (f) When the physician performing a gluteal fat grafting 85 procedure injects gluteal fat into the subcutaneous space of the 86 patient, the physician must use ultrasound guidance during the 87 placement and navigation of a cannula to ensure that the fat is 88 placed into the subcutaneous space of the patient above the 89 fascia overlying the gluteal muscle. Ultrasound guidance is not 90 required for other portions of the procedure. 91 Section 4. Present subsection (2) of section 459.0138, 92 Florida Statutes, is redesignated as subsection (4), a new 93 subsection (2) and subsection (3) are added to that section, and 94 paragraph (e) of subsection (1) of that section is amended, to 95 read: 96 459.0138 Office surgeries.— 97 (1) REGISTRATION.— 98 (e)1. An office seeking registration under this section 99 must be inspected by the department before the office may be 100 registered. The department may not register a facility until it 101 is inspected and shall not register a facility that must be 102 licensed under chapter 390 or chapter 395. Completion of an 103 inspection under this subparagraph does not guarantee a 104 registration. 105 2. If a registered office refuses any subsequent inspection 106 under subparagraph 3., the department must immediately suspend 107 the office′s registration and may not reinstate the registration 108 before the completion of an inspection by the department. Such 109 office must be closed during the entire period of suspension. 110 Completion of an inspection under this subparagraph does not 111 guarantee a registration, reinstatement of a registration, or 112 lifting of the suspension. 113 3. The department shall inspect a registered office at 114 least annually, including a review of patient records, to ensure 115 that the office is in compliance with this section and rules 116 adopted hereunder unless the office is accredited by a 117 nationally recognized accrediting agency approved by the board. 118 The inspection may be unannounced, except for the inspection of 119 an office that meets the description of clinic specified in s. 120 459.0137(1)(a)3.h., and those wholly owned and operated 121 physician offices described in s. 459.0137(1)(a)3.g. which 122 perform procedures referenced in s. 459.0137(1)(a)3.h., which 123 must be announced. 124 (2) STANDARDS OF PRACTICE.— 125 (a) Surgeries performed in an office registered under this 126 section may not: 127 1. Be a type of surgery that generally results in blood 128 loss of more than 10 percent of estimated blood volume in a 129 patient with a normal hemoglobin level; 130 2. Require major or prolonged intracranial, intrathoracic, 131 abdominal, or joint replacement procedures, except for 132 laparoscopic procedures; 133 3. Involve major blood vessels performed with direct 134 visualization by open exposure of the major blood vessel, except 135 for percutaneous endovascular intervention; or 136 4. Be emergent or life threatening. 137 (b) If a procedure in an office surgery setting results in 138 hospitalization, the incident must be reported as an adverse 139 incident pursuant to s. 459.026. 140 (3) GLUTEAL FAT GRAFTING PROCEDURES.— 141 (a) Physicians performing gluteal fat grafting procedures 142 in an office surgery setting must adhere to standards of 143 practice prescribed under this subsection. 144 (b) A physician performing a gluteal fat grafting procedure 145 must conduct an in-person examination of the patient no later 146 than the day before the procedure. 147 (c) An office in which a physician performs gluteal fat 148 grafting procedures must at all times maintain a ratio of one 149 physician to one patient during all phases of the procedure, 150 beginning with the administration of anesthesia to the patient 151 and concluding with the extubation of the patient. However, 152 after a physician has commenced, and while he or she is engaged 153 in, a gluteal fat grafting procedure, the physician may not 154 commence or engage in another gluteal fat grafting procedure or 155 any other procedure with another patient at the same time. 156 (d) Before a physician may delegate any duties during a 157 gluteal fat grafting procedure, the patient must provide 158 written, informed consent to such delegation. Any duties 159 delegated during a gluteal fat grafting procedure must be 160 performed under the direct supervision of the physician 161 performing the procedure. Gluteal fat extractions and injections 162 must be performed by the physician performing the procedure and 163 may not be delegated. 164 (e) Only the physician performing the gluteal fat grafting 165 procedure may extract gluteal fat from, or inject gluteal fat 166 into, the patient. The gluteal fat may be injected only into the 167 subcutaneous space of the patient and may not cross the fascia 168 overlying the gluteal muscle. Intramuscular and submuscular fat 169 injections are prohibited. 170 (f) When the physician performing a gluteal fat grafting 171 procedure injects gluteal fat into the subcutaneous space of the 172 patient, the physician must use ultrasound guidance during the 173 placement and navigation of a cannula to ensure that the fat is 174 placed into the subcutaneous space of the patient above the 175 fascia overlying the gluteal muscle. Ultrasound guidance is not 176 required for other portions of the procedure. 177 178 ================= T I T L E A M E N D M E N T ================ 179 And the title is amended as follows: 180 Delete lines 13 - 23 181 and insert: 182 459.0138, F.S.; requiring that a physician′s office 183 seeking registration to perform office surgeries be 184 inspected by the Department of Health before it may be 185 registered; providing for immediate suspension of a 186 registration under specified circumstances; requiring 187 such offices to remain closed for the duration of any 188 suspensions; providing construction; specifying 189 surgeries that may not be performed in an office 190 surgery setting; requiring the reporting of specified 191 adverse incidents; requiring physicians performing 192 gluteal fat grafting procedures in an office surgery 193 setting to adhere to specified standards of practice; 194 providing an effective date.