Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1596 Ì584094;Î584094 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/28/2023 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Garcia) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 374 and 375 4 insert: 5 Section 5. 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. If a registered office refuses any subsequent 15 inspection under subparagraph 2., the office′s registration must 16 be immediately suspended and may not be reinstated before 17 completion of an inspection by the department. Completion of an 18 inspection under this subparagraph does not guarantee a 19 registration or reinstatement of a registration. 20 2. The department shall inspect a registered office at 21 least annually, including a review of patient records, to ensure 22 that the office is in compliance with this section and rules 23 adopted hereunder unless the office is accredited by a 24 nationally recognized accrediting agency approved by the board. 25 The inspection may be unannounced, except for the inspection of 26 an office that meets the description of a clinic specified in s. 27 458.3265(1)(a)3.h., and those wholly owned and operated 28 physician offices described in s. 458.3265(1)(a)3.g. which 29 perform procedures referenced in s. 458.3265(1)(a)3.h., which 30 must be announced. 31 (2) GLUTEAL FAT GRAFTING PROCEDURES.— 32 (a) Physicians performing gluteal fat grafting procedures 33 in an office surgery setting must adhere to standards of 34 practice prescribed under this subsection. The board may adopt 35 rules to prescribe additional requirements for the safe 36 performance of gluteal fat grafting procedures, provided such 37 rules do not conflict with this subsection. 38 (b) An office in which a physician performs gluteal fat 39 grafting procedures must at all times maintain a ratio of one 40 physician to one patient during all phases of the procedure, 41 beginning with the administration of anesthesia to the patient 42 and concluding with the extubation of the patient. A physician 43 is not limited in the number of gluteal fat grafting procedures 44 that he or she may safely perform in accordance with the 45 applicable standard of care and as prescribed in this 46 subsection. However, after a physician has commenced, and while 47 he or she is engaged in, a gluteal fat grafting procedure, the 48 physician may not commence or engage in another gluteal fat 49 grafting procedure or any other procedure with another patient 50 at the same time. 51 (c) Before a physician may delegate any duties during a 52 gluteal fat grafting procedure, the patient must provide 53 written, informed consent to such delegation. Any duties 54 delegated during a gluteal fat grafting procedure must be 55 performed under the direct supervision of the physician 56 performing the procedure. Gluteal fat extractions and injections 57 must be performed by the physician performing the procedure and 58 may not be delegated. 59 (d) Only the physician performing the gluteal fat grafting 60 procedure may extract gluteal fat from, or inject gluteal fat 61 into, the patient. The gluteal fat may be injected only into the 62 subcutaneous space of the patient and may not cross the fascia 63 overlying the gluteal muscle. Intramuscular and submuscular fat 64 injections are prohibited. 65 (e) When the physician performing a gluteal fat grafting 66 procedure injects gluteal fat into the subcutaneous space of the 67 patient, the physician must use ultrasound guidance during the 68 placement and navigation of a cannula to ensure that the fat is 69 placed into the subcutaneous space of the patient above the 70 fascia overlying the gluteal muscle. Ultrasound guidance is not 71 required for other portions of the procedure. 72 (3) STANDARDS OF PRACTICE.—Surgeries performed in an office 73 registered under this section may not: 74 (a) Result in blood loss of more than 10 percent of 75 estimated blood volume in a patient with a normal hemoglobin 76 level; 77 (b) Require major or prolonged intracranial, intrathoracic, 78 abdominal, or joint replacement procedures, except for 79 laparoscopic procedures; 80 (c) Involve major blood vessels performed with direct 81 visualization by open exposure of the major blood vessel, except 82 for percutaneous endovascular intervention; or 83 (d) Be emergent or life threatening. 84 Section 6. Present subsection (2) of section 459.0138, 85 Florida Statutes, is redesignated as subsection (4), a new 86 subsection (2) and subsection (3) are added to that section, and 87 paragraph (e) of subsection (1) of that section is amended, to 88 read: 89 459.0138 Office surgeries.— 90 (1) REGISTRATION.— 91 (e)1. An office seeking registration under this section 92 must be inspected by the department before the office may be 93 registered. If a registered office refuses any subsequent 94 inspection under subparagraph 2., the office′s registration must 95 be immediately suspended and may not be reinstated before 96 completion of an inspection by the department. Completion of an 97 inspection under this subparagraph does not guarantee a 98 registration or reinstatement of a registration. 99 2. The department shall inspect a registered office at 100 least annually, including a review of patient records, to ensure 101 that the office is in compliance with this section and rules 102 adopted hereunder unless the office is accredited by a 103 nationally recognized accrediting agency approved by the board. 104 The inspection may be unannounced, except for the inspection of 105 an office that meets the description of clinic specified in s. 106 459.0137(1)(a)3.h., and those wholly owned and operated 107 physician offices described in s. 459.0137(1)(a)3.g. which 108 perform procedures referenced in s. 459.0137(1)(a)3.h., which 109 must be announced. 110 (2) GLUTEAL FAT GRAFTING PROCEDURES.— 111 (a) Physicians performing gluteal fat grafting procedures 112 in an office surgery setting must adhere to standards of 113 practice prescribed under this subsection. The board may adopt 114 rules to prescribe additional requirements for the safe 115 performance of gluteal fat grafting procedures, provided such 116 rules do not conflict with this subsection. 117 (b) An office in which a physician performs gluteal fat 118 grafting procedures must at all times maintain a ratio of one 119 physician to one patient during all phases of the procedure, 120 beginning with the administration of anesthesia to the patient 121 and concluding with the extubation of the patient. A physician 122 is not limited in the number of gluteal fat grafting procedures 123 that he or she may safely perform in accordance with the 124 applicable standard of care and as prescribed in this 125 subsection. However, after a physician has commenced, and while 126 he or she is engaged in, a gluteal fat grafting procedure, the 127 physician may not commence or engage in another gluteal fat 128 grafting procedure or any other procedure with another patient 129 at the same time. 130 (c) Before a physician may delegate any duties during a 131 gluteal fat grafting procedure, the patient must provide 132 written, informed consent to such delegation. Any duties 133 delegated during a gluteal fat grafting procedure must be 134 performed under the direct supervision of the physician 135 performing the procedure. Gluteal fat extractions and injections 136 must be performed by the physician performing the procedure and 137 may not be delegated. 138 (d) Only the physician performing the gluteal fat grafting 139 procedure may extract gluteal fat from, or inject gluteal fat 140 into, the patient. The gluteal fat may be injected only into the 141 subcutaneous space of the patient and may not cross the fascia 142 overlying the gluteal muscle. Intramuscular and submuscular fat 143 injections are prohibited. 144 (e) When the physician performing a gluteal fat grafting 145 procedure injects gluteal fat into the subcutaneous space of the 146 patient, the physician must use ultrasound guidance during the 147 placement and navigation of a cannula to ensure that the fat is 148 placed into the subcutaneous space of the patient above the 149 fascia overlying the gluteal muscle. Ultrasound guidance is not 150 required for other portions of the procedure. 151 (3) STANDARDS OF PRACTICE.—Surgeries performed in an office 152 registered under this section may not: 153 (a) Result in blood loss of more than 10 percent of 154 estimated blood volume in a patient with a normal hemoglobin 155 level; 156 (b) Require major or prolonged intracranial, intrathoracic, 157 abdominal, or joint replacement procedures, except for 158 laparoscopic procedures; 159 (c) Involve major blood vessels performed with direct 160 visualization by open exposure of the major blood vessel, except 161 for percutaneous endovascular intervention; or 162 (d) Be emergent or life threatening. 163 164 ================= T I T L E A M E N D M E N T ================ 165 And the title is amended as follows: 166 Delete line 40 167 and insert: 168 screening requirements; amending ss. 458.328 and 169 459.0138, F.S.; requiring that a physician′s office 170 seeking registration to perform office surgeries must 171 be inspected by the Department of Health before it may 172 be registered; providing for immediate suspension of a 173 registration under specified circumstances; providing 174 construction; requiring physicians performing gluteal 175 fat grafting procedures in an office surgery setting 176 to adhere to specified standards of practice; 177 authorizing the Board of Medicine and the Board of 178 Osteopathic Medicine, respectively, to adopt certain 179 rules; providing an effective date.