Florida Senate - 2023                             CS for SB 1596
       
       
        
       By the Committee on Health Policy; and Senator Garcia
       
       
       
       
       
       588-03144-23                                          20231596c1
    1                        A bill to be entitled                      
    2         An act relating to provider accountability; amending
    3         s. 400.022, F.S.; revising the rights of residents of
    4         nursing home facilities; amending s. 408.809, F.S.;
    5         providing additional disqualifying offenses for
    6         purposes of background screening of employees of
    7         certain health care providers; amending s. 408.812,
    8         F.S.; creating a cause of action for ex parte
    9         injunctive relief against continued unlicensed
   10         activity relating to health care provider facilities;
   11         authorizing the Agency for Health Care Administration
   12         to petition the court for such injunctive relief;
   13         providing requirements for the petition; prohibiting
   14         courts from requiring bond in such proceedings;
   15         limiting the types of evidence that may be presented
   16         in such proceedings; providing that a denial of such
   17         injunctive relief must be by written order of the
   18         court noting the legal grounds for the denial;
   19         providing construction; providing for ex parte
   20         temporary injunctive relief under certain
   21         circumstances; requiring that temporary injunctions be
   22         effective for a fixed period not exceeding 30 days;
   23         requiring the agency to conduct an inspection of the
   24         identified premises of unlicensed activity within a
   25         specified timeframe after such temporary injunction is
   26         issued; requiring the agency to dismiss its petition
   27         if the respondent complies with the injunction;
   28         providing for a permanent injunction within a
   29         specified timeframe if the unlicensed activity
   30         continues; requiring that a full hearing be set as
   31         soon as practicable thereafter; authorizing the agency
   32         to move for an extension of the injunction until
   33         disposition of the proceedings; providing for service
   34         of an ex parte injunction; providing construction;
   35         authorizing the agency to provide any inspection
   36         records to local law enforcement agencies and state
   37         attorney offices upon request and without redaction;
   38         amending s. 435.04, F.S.; providing additional
   39         disqualifying offenses for employment background
   40         screening requirements; amending ss. 458.328 and
   41         459.0138, F.S.; requiring that a physician′s office
   42         seeking registration to perform office surgeries must
   43         be inspected by the Department of Health before it may
   44         be registered; providing for immediate suspension of a
   45         registration under specified circumstances; providing
   46         construction; requiring physicians performing gluteal
   47         fat grafting procedures in an office surgery setting
   48         to adhere to specified standards of practice;
   49         authorizing the Board of Medicine and the Board of
   50         Osteopathic Medicine, respectively, to adopt certain
   51         rules; providing an effective date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Paragraph (o) of subsection (1) of section
   56  400.022, Florida Statutes, is amended to read:
   57         400.022 Residents’ rights.—
   58         (1) All licensees of nursing home facilities shall adopt
   59  and make public a statement of the rights and responsibilities
   60  of the residents of such facilities and shall treat such
   61  residents in accordance with the provisions of that statement.
   62  The statement shall assure each resident the following:
   63         (o) The right to be free from mental and physical abuse,
   64  sexual abuse, neglect, exploitation, corporal punishment,
   65  extended involuntary seclusion, and from physical and chemical
   66  restraints, except those restraints authorized in writing by a
   67  physician for a specified and limited period of time or as are
   68  necessitated by an emergency. In case of an emergency, restraint
   69  may be applied only by a qualified licensed nurse who shall set
   70  forth in writing the circumstances requiring the use of
   71  restraint, and, in the case of use of a chemical restraint, a
   72  physician shall be consulted immediately thereafter. Restraints
   73  may not be used in lieu of staff supervision or merely for staff
   74  convenience, for punishment, or for reasons other than resident
   75  protection or safety.
   76         Section 2. Subsection (4) of section 408.809, Florida
   77  Statutes, is amended to read:
   78         408.809 Background screening; prohibited offenses.—
   79         (4) In addition to the offenses listed in s. 435.04, all
   80  persons required to undergo background screening pursuant to
   81  this part or authorizing statutes must not have an arrest
   82  awaiting final disposition for, must not have been found guilty
   83  of, regardless of adjudication, or entered a plea of nolo
   84  contendere or guilty to, and must not have been adjudicated
   85  delinquent and the record not have been sealed or expunged for
   86  any of the following offenses or any similar offense of another
   87  jurisdiction:
   88         (a) Any authorizing statutes, if the offense was a felony.
   89         (b) This chapter, if the offense was a felony.
   90         (c) Section 409.920, relating to Medicaid provider fraud.
   91         (d) Section 409.9201, relating to Medicaid fraud.
   92         (e) Section 414.39, relating to fraud, if the offense was a
   93  felony.
   94         (f) Section 741.28, relating to domestic violence.
   95         (g)(f) Section 777.04, relating to attempts, solicitation,
   96  and conspiracy to commit an offense listed in this subsection.
   97         (h)(g) Section 784.03, relating to battery, if the victim
   98  is a vulnerable adult as defined in s. 415.102 or a patient or
   99  resident of a facility licensed under chapter 395, chapter 400,
  100  or chapter 429.
  101         (i)Section 815.04, relating to offenses against
  102  intellectual property.
  103         (j)Section 815.06, relating to offenses against users of
  104  computers, computer systems, computer networks, and electronic
  105  devices.
  106         (k)(h) Section 817.034, relating to fraudulent acts through
  107  mail, wire, radio, electromagnetic, photoelectronic, or
  108  photooptical systems.
  109         (l)(i) Section 817.234, relating to false and fraudulent
  110  insurance claims.
  111         (m)(j) Section 817.481, relating to obtaining goods by
  112  using a false or expired credit card or other credit device, if
  113  the offense was a felony.
  114         (n)(k) Section 817.50, relating to fraudulently obtaining
  115  goods or services from a health care provider.
  116         (o)(l) Section 817.505, relating to patient brokering.
  117         (p)(m) Section 817.568, relating to criminal use of
  118  personal identification information.
  119         (q)(n) Section 817.60, relating to obtaining a credit card
  120  through fraudulent means.
  121         (r)(o) Section 817.61, relating to fraudulent use of credit
  122  cards, if the offense was a felony.
  123         (s)(p) Section 831.01, relating to forgery.
  124         (t)(q) Section 831.02, relating to uttering forged
  125  instruments.
  126         (u)(r) Section 831.07, relating to forging bank bills,
  127  checks, drafts, or promissory notes.
  128         (v)(s) Section 831.09, relating to uttering forged bank
  129  bills, checks, drafts, or promissory notes.
  130         (w)Section 831.29, relating to making or having
  131  instruments and material for counterfeiting driver licenses or
  132  identification cards.
  133         (x)(t) Section 831.30, relating to fraud in obtaining
  134  medicinal drugs.
  135         (y)(u) Section 831.31, relating to the sale, manufacture,
  136  delivery, or possession with the intent to sell, manufacture, or
  137  deliver any counterfeit controlled substance, if the offense was
  138  a felony.
  139         (z)Section 831.311, relating to unlawful sale,
  140  manufacture, alteration, delivery, uttering, or possession of
  141  counterfeit-resistant prescription blanks for controlled
  142  substances.
  143         (aa)Section 836.05, relating to threats and extortion.
  144         (bb)Section 836.10, relating to written or electronic
  145  threats to kill or do bodily injury or conduct a mass shooting
  146  or an act of terrorism.
  147         (cc)Section 873.01, relating to the prohibited purchase or
  148  sale of human organs and tissue.
  149         (dd)(v) Section 895.03, relating to racketeering and
  150  collection of unlawful debts.
  151         (ee)(w) Section 896.101, relating to the Florida Money
  152  Laundering Act.
  153  
  154  If, upon rescreening, a person who is currently employed or
  155  contracted with a licensee and was screened and qualified under
  156  s. 435.04 has a disqualifying offense that was not a
  157  disqualifying offense at the time of the last screening, but is
  158  a current disqualifying offense and was committed before the
  159  last screening, he or she may apply for an exemption from the
  160  appropriate licensing agency and, if agreed to by the employer,
  161  may continue to perform his or her duties until the licensing
  162  agency renders a decision on the application for exemption if
  163  the person is eligible to apply for an exemption and the
  164  exemption request is received by the agency no later than 30
  165  days after receipt of the rescreening results by the person.
  166         Section 3. Subsection (6) of section 408.812, Florida
  167  Statutes, is amended to read:
  168         408.812 Unlicensed activity.—
  169         (6) In addition to granting injunctive relief pursuant to
  170  subsection (2), if the agency determines that a person or entity
  171  is operating or maintaining a provider without obtaining a
  172  license and determines that a condition exists that poses a
  173  threat to the health, safety, or welfare of a client of the
  174  provider, the person or entity is subject to the same actions
  175  and fines imposed against a licensee as specified in this part,
  176  authorizing statutes, and agency rules.
  177         (a)There is created a cause of action for an ex parte
  178  injunction against continued unlicensed activity.
  179         (b) The agency may petition the circuit court for an ex
  180  parte injunction against continued unlicensed activity when
  181  agency personnel have verified, through an onsite inspection,
  182  that a person or entity is advertising, offering, or providing
  183  services for which licensure is required under this part and
  184  applicable statutes and such person or entity has previously
  185  received notification from the agency to discontinue such
  186  activity.
  187         (c)A sworn petition seeking the issuance of an ex parte
  188  injunction against continued unlicensed activity must include
  189  the location of the unlicensed activity; the ownership and
  190  operators of the unlicensed provider; identification of the
  191  service provider type for which licensure is required under the
  192  applicable statutes; specific facts supporting the conclusion
  193  that the respondent engaged in unlicensed activity, specifying
  194  the date, time, and location at which the unlicensed provider
  195  was notified to discontinue such activity; whether the
  196  respondent prohibited the agency from conducting a subsequent
  197  investigation to determine compliance; any previous injunctive
  198  relief granted against the respondent; and any previous agency
  199  determinations that the respondent was previously identified as
  200  engaging in unlicensed activity.
  201         (d) Bond may not be required by the court for the entry of
  202  an injunction under this subsection.
  203         (e) Except as provided in s. 90.204, in an ex parte hearing
  204  for the purpose of obtaining such ex parte temporary injunction,
  205  no evidence other than verified pleadings or affidavits by
  206  agency personnel or others with first-hand knowledge of the
  207  alleged unlicensed activity may be used as evidence, unless the
  208  respondent appears at the hearing. A denial of a petition for an
  209  ex parte injunction must be by written order noting the legal
  210  grounds for denial. Nothing herein affects the agency’s right to
  211  promptly amend any petition or otherwise be heard in person on
  212  any petition consistent with the Florida Rules of Civil
  213  Procedure.
  214         (f) If it appears to the court that the respondent is
  215  engaged in unlicensed activity and has not discontinued that
  216  activity after notification by the agency, the court may grant
  217  an ex parte temporary injunction, pending a full hearing, and
  218  may grant any relief the court deems appropriate, including an
  219  injunction restraining the respondent from advertising,
  220  offering, or providing services for which licensure is required
  221  under this part and applicable statutes, and requiring the
  222  respondent to provide agency personnel full access to facility
  223  personnel, records, and clients for a future inspection of the
  224  premises within 20 days after the injunction is issued to verify
  225  respondent’s compliance with the temporary injunction.
  226         (g) An ex parte temporary injunction issued under this
  227  subsection must be effective for a fixed period not to exceed 30
  228  days.
  229         (h)The agency must conduct an inspection of the identified
  230  premises within 20 days after the injunction is issued to verify
  231  the respondent’s compliance with the temporary injunction. If
  232  the respondent is found to have complied with the temporary
  233  injunction, the agency must voluntarily dismiss its injunction
  234  action. If the agency finds that unlicensed activity has
  235  continued in apparent violation of the temporary injunction, the
  236  agency may file a petition for permanent injunction within 10
  237  days after such discovery, at which time a full hearing must be
  238  set as soon as practicable. Contemporaneous with the filing of a
  239  petition for permanent injunction, the agency may move for an
  240  extension of the ex parte injunction until disposition of the
  241  permanent injunction proceedings.
  242         (i)Any ex parte injunction against continued unlicensed
  243  activity must be served by the sheriff of the county in which
  244  the respondent’s activities are conducted.
  245         (j)Remedies in this subsection are not exclusive but a
  246  supplement to any other administrative or criminal remedies for
  247  unlicensed activity.
  248         (k)The agency is not required to exhaust its
  249  administrative remedies before seeking the injunctive relief
  250  provided by this subsection.
  251         (l)The agency may provide any records of its inspections
  252  to local law enforcement agencies or state attorney offices upon
  253  request and without redaction.
  254         Section 4. Subsection (2) of section 435.04, Florida
  255  Statutes, is amended to read:
  256         435.04 Level 2 screening standards.—
  257         (2) The security background investigations under this
  258  section must ensure that no persons subject to the provisions of
  259  this section have been arrested for and are awaiting final
  260  disposition of, have been found guilty of, regardless of
  261  adjudication, or entered a plea of nolo contendere or guilty to,
  262  or have been adjudicated delinquent and the record has not been
  263  sealed or expunged for, any offense prohibited under any of the
  264  following provisions of state law or similar law of another
  265  jurisdiction:
  266         (a) Section 39.205, relating to failure to report child
  267  abuse, abandonment, or neglect.
  268         (b)Section 316.193(3)(c)3., relating to DUI manslaughter.
  269         (c) Section 393.135, relating to sexual misconduct with
  270  certain developmentally disabled clients and reporting of such
  271  sexual misconduct.
  272         (d)(b) Section 394.4593, relating to sexual misconduct with
  273  certain mental health patients and reporting of such sexual
  274  misconduct.
  275         (e)(c) Section 415.111, relating to adult abuse, neglect,
  276  or exploitation of aged persons or disabled adults.
  277         (f)(d) Section 777.04, relating to attempts, solicitation,
  278  and conspiracy to commit an offense listed in this subsection.
  279         (g)(e) Section 782.04, relating to murder.
  280         (h)(f) Section 782.07, relating to manslaughter, aggravated
  281  manslaughter of an elderly person or disabled adult, or
  282  aggravated manslaughter of a child.
  283         (i)(g) Section 782.071, relating to vehicular homicide.
  284         (j)(h) Section 782.09, relating to killing of an unborn
  285  child by injury to the mother.
  286         (k)(i) Chapter 784, relating to assault, battery, and
  287  culpable negligence, if the offense was a felony.
  288         (l)(j) Section 784.011, relating to assault, if the victim
  289  of the offense was a minor.
  290         (m)(k) Section 784.03, relating to battery, if the victim
  291  of the offense was a minor.
  292         (n)(l) Section 787.01, relating to kidnapping.
  293         (o)(m) Section 787.02, relating to false imprisonment.
  294         (p)(n) Section 787.025, relating to luring or enticing a
  295  child.
  296         (q)(o) Section 787.04(2), relating to taking, enticing, or
  297  removing a child beyond the state limits with criminal intent
  298  pending custody proceedings.
  299         (r)(p) Section 787.04(3), relating to carrying a child
  300  beyond the state lines with criminal intent to avoid producing a
  301  child at a custody hearing or delivering the child to the
  302  designated person.
  303         (s)Section 787.06, relating to human trafficking.
  304         (t)Section 787.07, relating to human smuggling.
  305         (u)(q) Section 790.115(1), relating to exhibiting firearms
  306  or weapons within 1,000 feet of a school.
  307         (v)(r) Section 790.115(2)(b), relating to possessing an
  308  electric weapon or device, destructive device, or other weapon
  309  on school property.
  310         (w)Section 790.166, relating to the manufacture,
  311  possession, sale, delivery, display, use, or attempted or
  312  threatened use of weapons of mass destruction or hoax weapons of
  313  mass destruction.
  314         (x)(s) Section 794.011, relating to sexual battery.
  315         (y)(t) Former s. 794.041, relating to prohibited acts of
  316  persons in familial or custodial authority.
  317         (z)(u) Section 794.05, relating to unlawful sexual activity
  318  with certain minors.
  319         (aa)(v) Chapter 796, relating to prostitution.
  320         (bb)(w) Section 798.02, relating to lewd and lascivious
  321  behavior.
  322         (cc)(x) Chapter 800, relating to lewdness and indecent
  323  exposure.
  324         (dd)(y) Section 806.01, relating to arson.
  325         (ee)(z) Section 810.02, relating to burglary.
  326         (ff)(aa) Section 810.14, relating to voyeurism, if the
  327  offense is a felony.
  328         (gg)(bb) Section 810.145, relating to video voyeurism, if
  329  the offense is a felony.
  330         (hh)(cc) Chapter 812, relating to theft, robbery, and
  331  related crimes, if the offense is a felony.
  332         (ii)(dd) Section 817.563, relating to fraudulent sale of
  333  controlled substances, only if the offense was a felony.
  334         (jj)(ee) Section 825.102, relating to abuse, aggravated
  335  abuse, or neglect of an elderly person or disabled adult.
  336         (kk)(ff) Section 825.1025, relating to lewd or lascivious
  337  offenses committed upon or in the presence of an elderly person
  338  or disabled adult.
  339         (ll)(gg) Section 825.103, relating to exploitation of an
  340  elderly person or disabled adult, if the offense was a felony.
  341         (mm)(hh) Section 826.04, relating to incest.
  342         (nn)(ii) Section 827.03, relating to child abuse,
  343  aggravated child abuse, or neglect of a child.
  344         (oo)(jj) Section 827.04, relating to contributing to the
  345  delinquency or dependency of a child.
  346         (pp)(kk) Former s. 827.05, relating to negligent treatment
  347  of children.
  348         (qq)(ll) Section 827.071, relating to sexual performance by
  349  a child.
  350         (rr)Section 838.015, relating to bribery.
  351         (ss)(mm) Section 843.01, relating to resisting arrest with
  352  violence.
  353         (tt)(nn) Section 843.025, relating to depriving a law
  354  enforcement, correctional, or correctional probation officer
  355  means of protection or communication.
  356         (uu)(oo) Section 843.12, relating to aiding in an escape.
  357         (vv)(pp) Section 843.13, relating to aiding in the escape
  358  of juvenile inmates in correctional institutions.
  359         (ww)(qq) Chapter 847, relating to obscene literature.
  360         (xx)Section 859.01, relating to poisoning food or water.
  361         (yy)Section 873.01, relating to the prohibited purchase or
  362  sale of human organs and tissue.
  363         (zz)(rr) Section 874.05, relating to encouraging or
  364  recruiting another to join a criminal gang.
  365         (aaa)Section 876.32, relating to treason.
  366         (bbb)(ss) Chapter 893, relating to drug abuse prevention
  367  and control, only if the offense was a felony or if any other
  368  person involved in the offense was a minor.
  369         (ccc)(tt) Section 916.1075, relating to sexual misconduct
  370  with certain forensic clients and reporting of such sexual
  371  misconduct.
  372         (ddd)(uu) Section 944.35(3), relating to inflicting cruel
  373  or inhuman treatment on an inmate resulting in great bodily
  374  harm.
  375         (eee)(vv) Section 944.40, relating to escape.
  376         (fff)(ww) Section 944.46, relating to harboring,
  377  concealing, or aiding an escaped prisoner.
  378         (ggg)(xx) Section 944.47, relating to introduction of
  379  contraband into a correctional facility.
  380         (hhh)Section 951.22, relating to county detention
  381  facilities and contraband articles.
  382         (iii)(yy) Section 985.701, relating to sexual misconduct in
  383  juvenile justice programs.
  384         (jjj)(zz) Section 985.711, relating to contraband
  385  introduced into detention facilities.
  386         Section 5. Present subsection (2) of section 458.328,
  387  Florida Statutes, is redesignated as subsection (4), a new
  388  subsection (2) and subsection (3) are added to that section, and
  389  paragraph (e) of subsection (1) of that section is amended, to
  390  read:
  391         458.328 Office surgeries.—
  392         (1) REGISTRATION.—
  393         (e)1. An office seeking registration under this section
  394  must be inspected by the department before the office may be
  395  registered. If a registered office refuses any subsequent
  396  inspection under subparagraph 2., the office′s registration must
  397  be immediately suspended and may not be reinstated before
  398  completion of an inspection by the department. Completion of an
  399  inspection under this subparagraph does not guarantee a
  400  registration or reinstatement of a registration.
  401         2. The department shall inspect a registered office at
  402  least annually, including a review of patient records, to ensure
  403  that the office is in compliance with this section and rules
  404  adopted hereunder unless the office is accredited by a
  405  nationally recognized accrediting agency approved by the board.
  406  The inspection may be unannounced, except for the inspection of
  407  an office that meets the description of a clinic specified in s.
  408  458.3265(1)(a)3.h., and those wholly owned and operated
  409  physician offices described in s. 458.3265(1)(a)3.g. which
  410  perform procedures referenced in s. 458.3265(1)(a)3.h., which
  411  must be announced.
  412         (2) GLUTEAL FAT GRAFTING PROCEDURES.—
  413         (a)Physicians performing gluteal fat grafting procedures
  414  in an office surgery setting must adhere to standards of
  415  practice prescribed under this subsection. The board may adopt
  416  rules to prescribe additional requirements for the safe
  417  performance of gluteal fat grafting procedures, provided such
  418  rules do not conflict with this subsection.
  419         (b)An office in which a physician performs gluteal fat
  420  grafting procedures must at all times maintain a ratio of one
  421  physician to one patient during all phases of the procedure,
  422  beginning with the administration of anesthesia to the patient
  423  and concluding with the extubation of the patient. A physician
  424  is not limited in the number of gluteal fat grafting procedures
  425  that he or she may safely perform in accordance with the
  426  applicable standard of care and as prescribed in this
  427  subsection. However, after a physician has commenced, and while
  428  he or she is engaged in, a gluteal fat grafting procedure, the
  429  physician may not commence or engage in another gluteal fat
  430  grafting procedure or any other procedure with another patient
  431  at the same time.
  432         (c)Before a physician may delegate any duties during a
  433  gluteal fat grafting procedure, the patient must provide
  434  written, informed consent to such delegation. Any duties
  435  delegated during a gluteal fat grafting procedure must be
  436  performed under the direct supervision of the physician
  437  performing the procedure. Gluteal fat extractions and injections
  438  must be performed by the physician performing the procedure and
  439  may not be delegated.
  440         (d)Only the physician performing the gluteal fat grafting
  441  procedure may extract gluteal fat from, or inject gluteal fat
  442  into, the patient. The gluteal fat may be injected only into the
  443  subcutaneous space of the patient and may not cross the fascia
  444  overlying the gluteal muscle. Intramuscular and submuscular fat
  445  injections are prohibited.
  446         (e)When the physician performing a gluteal fat grafting
  447  procedure injects gluteal fat into the subcutaneous space of the
  448  patient, the physician must use ultrasound guidance during the
  449  placement and navigation of a cannula to ensure that the fat is
  450  placed into the subcutaneous space of the patient above the
  451  fascia overlying the gluteal muscle. Ultrasound guidance is not
  452  required for other portions of the procedure.
  453         (3) STANDARDS OF PRACTICE.—Surgeries performed in an office
  454  registered under this section may not:
  455         (a) Result in blood loss of more than 10 percent of
  456  estimated blood volume in a patient with a normal hemoglobin
  457  level;
  458         (b) Require major or prolonged intracranial, intrathoracic,
  459  abdominal, or joint replacement procedures, except for
  460  laparoscopic procedures;
  461         (c) Involve major blood vessels performed with direct
  462  visualization by open exposure of the major blood vessel, except
  463  for percutaneous endovascular intervention; or
  464         (d) Be emergent or life threatening.
  465         Section 6. Present subsection (2) of section 459.0138,
  466  Florida Statutes, is redesignated as subsection (4), a new
  467  subsection (2) and subsection (3) are added to that section, and
  468  paragraph (e) of subsection (1) of that section is amended, to
  469  read:
  470         459.0138 Office surgeries.—
  471         (1) REGISTRATION.—
  472         (e)1. An office seeking registration under this section
  473  must be inspected by the department before the office may be
  474  registered. If a registered office refuses any subsequent
  475  inspection under subparagraph 2., the office′s registration must
  476  be immediately suspended and may not be reinstated before
  477  completion of an inspection by the department. Completion of an
  478  inspection under this subparagraph does not guarantee a
  479  registration or reinstatement of a registration.
  480         2. The department shall inspect a registered office at
  481  least annually, including a review of patient records, to ensure
  482  that the office is in compliance with this section and rules
  483  adopted hereunder unless the office is accredited by a
  484  nationally recognized accrediting agency approved by the board.
  485  The inspection may be unannounced, except for the inspection of
  486  an office that meets the description of clinic specified in s.
  487  459.0137(1)(a)3.h., and those wholly owned and operated
  488  physician offices described in s. 459.0137(1)(a)3.g. which
  489  perform procedures referenced in s. 459.0137(1)(a)3.h., which
  490  must be announced.
  491         (2) GLUTEAL FAT GRAFTING PROCEDURES.—
  492         (a)Physicians performing gluteal fat grafting procedures
  493  in an office surgery setting must adhere to standards of
  494  practice prescribed under this subsection. The board may adopt
  495  rules to prescribe additional requirements for the safe
  496  performance of gluteal fat grafting procedures, provided such
  497  rules do not conflict with this subsection.
  498         (b)An office in which a physician performs gluteal fat
  499  grafting procedures must at all times maintain a ratio of one
  500  physician to one patient during all phases of the procedure,
  501  beginning with the administration of anesthesia to the patient
  502  and concluding with the extubation of the patient. A physician
  503  is not limited in the number of gluteal fat grafting procedures
  504  that he or she may safely perform in accordance with the
  505  applicable standard of care and as prescribed in this
  506  subsection. However, after a physician has commenced, and while
  507  he or she is engaged in, a gluteal fat grafting procedure, the
  508  physician may not commence or engage in another gluteal fat
  509  grafting procedure or any other procedure with another patient
  510  at the same time.
  511         (c)Before a physician may delegate any duties during a
  512  gluteal fat grafting procedure, the patient must provide
  513  written, informed consent to such delegation. Any duties
  514  delegated during a gluteal fat grafting procedure must be
  515  performed under the direct supervision of the physician
  516  performing the procedure. Gluteal fat extractions and injections
  517  must be performed by the physician performing the procedure and
  518  may not be delegated.
  519         (d)Only the physician performing the gluteal fat grafting
  520  procedure may extract gluteal fat from, or inject gluteal fat
  521  into, the patient. The gluteal fat may be injected only into the
  522  subcutaneous space of the patient and may not cross the fascia
  523  overlying the gluteal muscle. Intramuscular and submuscular fat
  524  injections are prohibited.
  525         (e)When the physician performing a gluteal fat grafting
  526  procedure injects gluteal fat into the subcutaneous space of the
  527  patient, the physician must use ultrasound guidance during the
  528  placement and navigation of a cannula to ensure that the fat is
  529  placed into the subcutaneous space of the patient above the
  530  fascia overlying the gluteal muscle. Ultrasound guidance is not
  531  required for other portions of the procedure.
  532         (3) STANDARDS OF PRACTICE.—Surgeries performed in an office
  533  registered under this section may not:
  534         (a) Result in blood loss of more than 10 percent of
  535  estimated blood volume in a patient with a normal hemoglobin
  536  level;
  537         (b) Require major or prolonged intracranial, intrathoracic,
  538  abdominal, or joint replacement procedures, except for
  539  laparoscopic procedures;
  540         (c) Involve major blood vessels performed with direct
  541  visualization by open exposure of the major blood vessel, except
  542  for percutaneous endovascular intervention; or
  543         (d) Be emergent or life threatening.
  544         Section 7. This act shall take effect July 1, 2023.