Florida Senate - 2023                                     SB 412
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00934-23                                            2023412__
    1                        A bill to be entitled                      
    2         An act relating to gluteal fat grafting procedures;
    3         amending ss. 458.328 and 459.0138, F.S.; requiring
    4         physicians performing gluteal fat grafting procedures
    5         in an office surgery setting to adhere to specified
    6         standards of practice; authorizing the Board of
    7         Medicine and the Board of Osteopathic Medicine,
    8         respectively, to adopt certain rules; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present subsection (2) of section 458.328,
   14  Florida Statutes, is redesignated as subsection (3), and a new
   15  subsection (2) is added to that section, to read:
   16         458.328 Office surgeries.—
   17         (2) GLUTEAL FAT GRAFTING PROCEDURES.—
   18         (a)Physicians performing gluteal fat grafting procedures
   19  in an office surgery setting shall adhere to standards of
   20  practice prescribed under this subsection. The board may adopt
   21  rules to prescribe additional requirements for the safe
   22  performance of gluteal fat grafting procedures, provided such
   23  rules do not conflict with this subsection.
   24         (b)An office in which a physician performs gluteal fat
   25  grafting procedures must at all times maintain a ratio of one
   26  physician to one patient during all phases of the procedure,
   27  beginning with the administration of anesthesia to the patient
   28  and concluding with the extubation of the patient. A physician
   29  is not limited in the number of gluteal fat grafting procedures
   30  that he or she may safely perform in accordance with the
   31  applicable standard of care and as prescribed in this
   32  subsection. However, a physician may not begin or otherwise
   33  engage in more than one gluteal fat grafting procedure, or begin
   34  or otherwise engage in a gluteal fat grafting procedure and any
   35  other procedure, with more than one patient at a time.
   36         (c)Any duties delegated during a gluteal fat grafting
   37  procedure must be performed under the direct supervision of the
   38  physician performing the procedure. Gluteal fat injections must
   39  be performed by the physician performing the procedure and may
   40  not be delegated.
   41         (d)Only the physician performing the gluteal fat grafting
   42  procedure may inject gluteal fat into the patient. The gluteal
   43  fat may be injected only into the subcutaneous space of the
   44  patient and may not cross the fascia overlying the gluteal
   45  muscle. Intramuscular and submuscular fat injections are
   46  prohibited.
   47         (e)When the physician performing a gluteal fat grafting
   48  procedure injects gluteal fat into the subcutaneous space of the
   49  patient, the physician must use ultrasound guidance during the
   50  placement and navigation of a cannula to ensure that the fat is
   51  placed into the subcutaneous space of the patient above the
   52  fascia overlying the gluteal muscle. Ultrasound guidance is not
   53  required for other portions of the procedure.
   54         Section 2. Present subsection (2) of section 459.0138,
   55  Florida Statutes, is redesignated as subsection (3), and a new
   56  subsection (2) is added to that section, to read:
   57         459.0138 Office surgeries.—
   58         (2) GLUTEAL FAT GRAFTING PROCEDURES.—
   59         (a)Physicians performing gluteal fat grafting procedures
   60  in an office surgery setting shall adhere to standards of
   61  practice prescribed under this subsection. The board may adopt
   62  rules to prescribe additional requirements for the safe
   63  performance of gluteal fat grafting procedures, provided such
   64  rules do not conflict with this subsection.
   65         (b)An office in which a physician performs gluteal fat
   66  grafting procedures must at all times maintain a ratio of one
   67  physician to one patient during all phases of the procedure,
   68  beginning with the administration of anesthesia to the patient
   69  and concluding with the extubation of the patient. A physician
   70  is not limited in the number of gluteal fat grafting procedures
   71  that he or she may safely perform in accordance with the
   72  applicable standard of care and as prescribed in this
   73  subsection. However, a physician may not begin or otherwise
   74  engage in more than one gluteal fat grafting procedure, or begin
   75  or otherwise engage in a gluteal fat grafting procedure and any
   76  other procedure, with more than one patient at a time.
   77         (c)Any duties delegated during a gluteal fat grafting
   78  procedure must be performed under the direct supervision of the
   79  physician performing the procedure. Gluteal fat injections must
   80  be performed by the physician performing the procedure and may
   81  not be delegated.
   82         (d)Only the physician performing the gluteal fat grafting
   83  procedure may inject gluteal fat into the patient. The gluteal
   84  fat may be injected only into the subcutaneous space of the
   85  patient and may not cross the fascia overlying the gluteal
   86  muscle. Intramuscular and submuscular fat injections are
   87  prohibited.
   88         (e)When the physician performing a gluteal fat grafting
   89  procedure injects gluteal fat into the subcutaneous space of the
   90  patient, the physician must use ultrasound guidance during the
   91  placement and navigation of a cannula to ensure that the fat is
   92  placed into the subcutaneous space of the patient above the
   93  fascia overlying the gluteal muscle. Ultrasound guidance is not
   94  required for other portions of the procedure.
   95         Section 3. This act shall take effect July 1, 2023.