Florida Senate - 2024                                    SB 1188
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-01129-24                                           20241188__
    1                        A bill to be entitled                      
    2         An act relating to office surgeries; amending ss.
    3         458.328 and 459.0138, F.S.; revising the types of
    4         procedures for which a medical office must register
    5         with the Department of Health to perform office
    6         surgeries; deleting obsolete language; making
    7         technical and clarifying changes; revising standards
    8         of practice for office surgeries; requiring medical
    9         offices already registered with the department to
   10         perform certain office surgeries as of a specified
   11         date to reregister if such offices perform specified
   12         procedures; specifying notification and inspection
   13         procedures for the department and the Agency for
   14         Health Care Administration in the event that, during
   15         the reregistration process, the department determines
   16         that the performance of specified procedures in an
   17         office creates a risk of patient safety such that the
   18         office should instead be regulated as an ambulatory
   19         surgical center; requiring an office to cease
   20         performing the specified procedures and relinquish its
   21         office surgery registration and instead seek licensure
   22         as an ambulatory surgical center under such
   23         circumstances; requiring the department to develop a
   24         schedule for reregistration of medical offices
   25         affected by this act, to be completed by a specified
   26         date; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Paragraphs (a), (b), and (h) of subsection (1)
   31  and subsection (2) of section 458.328, Florida Statutes, are
   32  amended, and subsection (4) is added to that section, to read:
   33         458.328 Office surgeries.—
   34         (1) REGISTRATION.—
   35         (a)1. An office in which a physician performs a liposuction
   36  procedure in which more than 1,000 cubic centimeters of
   37  supernatant fat is temporarily or permanently removed, a
   38  liposuction procedure in which the patient is rotated 180
   39  degrees or more during the procedure, a gluteal fat grafting
   40  procedure, a Level II office surgery, or a Level III office
   41  surgery must register with the department. unless the office is
   42  licensed as A facility licensed under chapter 390 or chapter 395
   43  may not be registered under this section.
   44         2. The department must complete an inspection of any office
   45  seeking registration under this section before the office may be
   46  registered.
   47         (b) By January 1, 2020, Each office registered under this
   48  section or s. 459.0138 must designate a physician who is
   49  responsible for the office’s compliance with the office health
   50  and safety requirements of this section and rules adopted
   51  hereunder. A designated physician must have a full, active, and
   52  unencumbered license under this chapter or chapter 459 and shall
   53  practice at the office for which he or she has assumed
   54  responsibility. Within 10 calendar days after the termination of
   55  a designated physician relationship, the office must notify the
   56  department of the designation of another physician to serve as
   57  the designated physician. The department may suspend the
   58  registration of an office if the office fails to comply with the
   59  requirements of this paragraph.
   60         (h) A physician may only perform a procedure or surgery
   61  identified in paragraph (a) in an office that is registered with
   62  the department. The board shall impose a fine of $5,000 per day
   63  on a physician who performs a procedure or surgery in an office
   64  that is not registered with the department.
   65         (2) STANDARDS OF PRACTICE.—
   66         (a) A physician may not perform any surgery or procedure
   67  identified in paragraph (1)(a) in a setting other than an office
   68  registered under this section or a facility licensed under
   69  chapter 390 or chapter 395, as applicable. The board shall
   70  impose a fine of $5,000 per incident on a physician who violates
   71  this paragraph performing a gluteal fat grafting procedure in an
   72  office surgery setting shall adhere to standards of practice
   73  pursuant to this subsection and rules adopted by the board.
   74         (b) Office surgeries may not:
   75         1. Be a type of surgery that generally results in blood
   76  loss of more than 10 percent of estimated blood volume in a
   77  patient with a normal hemoglobin level;
   78         2. Require major or prolonged intracranial, intrathoracic,
   79  abdominal, or joint replacement procedures, except for
   80  laparoscopic procedures;
   81         3. Involve major blood vessels and be performed with direct
   82  visualization by open exposure of the major blood vessel, except
   83  for percutaneous endovascular intervention; or
   84         4. Be emergent or life threatening.
   85         (c) A physician performing a gluteal fat grafting procedure
   86  in an office surgery setting shall adhere to standards of
   87  practice under this subsection and rules adopted by the board,
   88  which include, but are not limited to, all of the following:
   89         1. A physician performing a gluteal fat grafting procedure
   90  must conduct an in-person examination of the patient while
   91  physically present in the same room as the patient no later than
   92  the day before the procedure.
   93         2. Before a physician may delegate any duties during a
   94  gluteal fat grafting procedure, the patient must provide
   95  written, informed consent for such delegation. Any duty
   96  delegated by a physician during a gluteal fat grafting procedure
   97  must be performed under the direct supervision of the physician
   98  performing such procedure. Fat extraction and gluteal fat
   99  injections must be performed by the physician and may not be
  100  delegated.
  101         3. Fat may only be injected into the subcutaneous space of
  102  the patient and may not cross the fascia overlying the gluteal
  103  muscle. Intramuscular or submuscular fat injections are
  104  prohibited.
  105         4. When the physician performing a gluteal fat grafting
  106  procedure injects fat into the subcutaneous space of the
  107  patient, the physician must use ultrasound guidance, or guidance
  108  with other technology authorized under board rule which equals
  109  or exceeds the quality of ultrasound, during the placement and
  110  navigation of the cannula to ensure that the fat is injected
  111  into the subcutaneous space of the patient above the fascia
  112  overlying the gluteal muscle. Such guidance with the use of
  113  ultrasound or other technology is not required for other
  114  portions of such procedure.
  115         5.An office in which a physician performs gluteal fat
  116  grafting procedures must at all times maintain a ratio of one
  117  physician to one patient during all phases of the procedure,
  118  beginning with the administration of anesthesia to the patient
  119  and concluding with the extubation of the patient. After a
  120  physician has commenced, and while he or she is engaged in, a
  121  gluteal fat grafting procedure, the physician may not commence
  122  or engage in another gluteal fat grafting procedure or any other
  123  procedure with another patient at the same time.
  124         (d) If a procedure in an office surgery setting results in
  125  hospitalization, the incident must be reported as an adverse
  126  incident pursuant to s. 458.351.
  127         (e) An office in which a physician performs gluteal fat
  128  grafting procedures must at all times maintain a ratio of one
  129  physician to one patient during all phases of the procedure,
  130  beginning with the administration of anesthesia to the patient
  131  and concluding with the extubation of the patient. After a
  132  physician has commenced, and while he or she is engaged in, a
  133  gluteal fat grafting procedure, the physician may not commence
  134  or engage in another gluteal fat grafting procedure or any other
  135  procedure with another patient at the same time.
  136         (4) REREGISTRATION.—An office that registered under this
  137  section before July 1, 2024, in which a physician performs
  138  liposuction procedures that include a patient being rotated 180
  139  degrees or more during the procedure or in which a physician
  140  performs gluteal fat grafting procedures must seek
  141  reregistration with the department consistent with the
  142  parameters of initial registration under subsection (1)
  143  according to a schedule developed by the department. During the
  144  reregistration process, if the department determines that the
  145  performance of such procedures in the office creates a
  146  significant risk to patient safety and that the interests of
  147  patient safety would be better served if such procedures were
  148  instead regulated under the requirements of ambulatory surgical
  149  center licensure under chapter 395:
  150         (a) The department must notify the Agency for Health Care
  151  Administration of its determination;
  152         (b) The agency must inspect the office and determine, in
  153  the interest of patient safety, whether the office is a
  154  candidate for ambulatory surgical center licensure
  155  notwithstanding the office’s failure to meet all requirements
  156  associated with such licensure at the time of inspection and
  157  notwithstanding the exceptions provided under s. 395.002(3).
  158  
  159  If the agency determines that an office is a candidate for
  160  ambulatory surgical center licensure under paragraph (b), the
  161  agency must notify the office and the department, and the office
  162  must cease performing procedures described in this subsection.
  163  The office may not recommence performing such procedures without
  164  first relinquishing its registration under this section and
  165  attaining ambulatory surgery center licensure under chapter 395.
  166         Section 2. Paragraphs (a), (b), and (h) of subsection (1)
  167  and subsection (2) of section 459.0138, Florida Statutes, are
  168  amended, and subsection (4) is added to that section, to read:
  169         459.0138 Office surgeries.—
  170         (1) REGISTRATION.—
  171         (a)1. An office in which a physician performs a liposuction
  172  procedure in which more than 1,000 cubic centimeters of
  173  supernatant fat is temporarily or permanently removed, a
  174  liposuction procedure in which the patient is rotated 180
  175  degrees or more during the procedure, a gluteal fat grafting
  176  procedure, a Level II office surgery, or a Level III office
  177  surgery must register with the department. unless the office is
  178  licensed as A facility licensed under chapter 390 or chapter 395
  179  may not be registered under this section.
  180         2. The department must complete an inspection of any office
  181  seeking registration under this section before the office may be
  182  registered.
  183         (b) By January 1, 2020, Each office registered under this
  184  section or s. 458.328 must designate a physician who is
  185  responsible for the office’s compliance with the office health
  186  and safety requirements of this section and rules adopted
  187  hereunder. A designated physician must have a full, active, and
  188  unencumbered license under this chapter or chapter 458 and shall
  189  practice at the office for which he or she has assumed
  190  responsibility. Within 10 calendar days after the termination of
  191  a designated physician relationship, the office must notify the
  192  department of the designation of another physician to serve as
  193  the designated physician. The department may suspend a
  194  registration for an office if the office fails to comply with
  195  the requirements of this paragraph.
  196         (h) A physician may only perform a procedure or surgery
  197  identified in paragraph (a) in an office that is registered with
  198  the department. The board shall impose a fine of $5,000 per day
  199  on a physician who performs a procedure or surgery in an office
  200  that is not registered with the department.
  201         (2) STANDARDS OF PRACTICE.—
  202         (a) A physician may not perform any surgery or procedure
  203  identified in paragraph (1)(a) in a setting other than an office
  204  registered under this section or a facility licensed under
  205  chapter 390 or chapter 395, as applicable. The board shall
  206  impose a fine of $5,000 per incident on a physician who violates
  207  this paragraph performing a gluteal fat grafting procedure in an
  208  office surgery setting shall adhere to standards of practice
  209  pursuant to this subsection and rules adopted by the board.
  210         (b) Office surgeries may not:
  211         1. Be a type of surgery that generally results in blood
  212  loss of more than 10 percent of estimated blood volume in a
  213  patient with a normal hemoglobin level;
  214         2. Require major or prolonged intracranial, intrathoracic,
  215  abdominal, or joint replacement procedures, except for
  216  laparoscopic procedures;
  217         3. Involve major blood vessels and be performed with direct
  218  visualization by open exposure of the major blood vessel, except
  219  for percutaneous endovascular intervention; or
  220         4. Be emergent or life threatening.
  221         (c) A physician performing a gluteal fat grafting procedure
  222  in an office surgery setting shall adhere to standards of
  223  practice under this subsection and rules adopted by the board,
  224  which include, but are not limited to, all of the following:
  225         1. A physician performing a gluteal fat grafting procedure
  226  must conduct an in-person examination of the patient while
  227  physically present in the same room as the patient no later than
  228  the day before the procedure.
  229         2. Before a physician may delegate any duties during a
  230  gluteal fat grafting procedure, the patient must provide
  231  written, informed consent for such delegation. Any duty
  232  delegated by a physician during a gluteal fat grafting procedure
  233  must be performed under the direct supervision of the physician
  234  performing such procedure. Fat extraction and gluteal fat
  235  injections must be performed by the physician and may not be
  236  delegated.
  237         3. Fat may only be injected into the subcutaneous space of
  238  the patient and may not cross the fascia overlying the gluteal
  239  muscle. Intramuscular or submuscular fat injections are
  240  prohibited.
  241         4. When the physician performing a gluteal fat grafting
  242  procedure injects fat into the subcutaneous space of the
  243  patient, the physician must use ultrasound guidance, or guidance
  244  with other technology authorized under board rule which equals
  245  or exceeds the quality of ultrasound, during the placement and
  246  navigation of the cannula to ensure that the fat is injected
  247  into the subcutaneous space of the patient above the fascia
  248  overlying the gluteal muscle. Such guidance with the use of
  249  ultrasound or other technology is not required for other
  250  portions of such procedure.
  251         5.An office in which a physician performs gluteal fat
  252  grafting procedures must at all times maintain a ratio of one
  253  physician to one patient during all phases of the procedure,
  254  beginning with the administration of anesthesia to the patient
  255  and concluding with the extubation of the patient. After a
  256  physician has commenced, and while he or she is engaged in, a
  257  gluteal fat grafting procedure, the physician may not commence
  258  or engage in another gluteal fat grafting procedure or any other
  259  procedure with another patient at the same time.
  260         (d) If a procedure in an office surgery setting results in
  261  hospitalization, the incident must be reported as an adverse
  262  incident pursuant to s. 458.351.
  263         (e) An office in which a physician performs gluteal fat
  264  grafting procedures must at all times maintain a ratio of one
  265  physician to one patient during all phases of the procedure,
  266  beginning with the administration of anesthesia to the patient
  267  and concluding with the extubation of the patient. After a
  268  physician has commenced, and while he or she is engaged in, a
  269  gluteal fat grafting procedure, the physician may not commence
  270  or engage in another gluteal fat grafting procedure or any other
  271  procedure with another patient at the same time.
  272         (4) REREGISTRATION.—An office that registered under this
  273  section before July 1, 2024, in which a physician performs
  274  liposuction procedures that include a patient being rotated 180
  275  degrees or more during the procedure or in which a physician
  276  performs gluteal fat grafting procedures must seek
  277  reregistration with the department consistent with the
  278  parameters of initial registration under subsection (1)
  279  according to a schedule developed by the department. During the
  280  reregistration process, if the department determines that the
  281  performance of such procedures in the office creates a
  282  significant risk to patient safety and that the interests of
  283  patient safety would be better served if such procedures were
  284  instead regulated under the requirements of ambulatory surgical
  285  center licensure under chapter 395:
  286         (a) The department must notify the Agency for Health Care
  287  Administration of its determination;
  288         (b) The agency must inspect the office and determine, in
  289  the interest of patient safety, whether the office is a
  290  candidate for ambulatory surgical center licensure
  291  notwithstanding the office’s failure to meet all requirements
  292  associated with such licensure at the time of inspection and
  293  notwithstanding the exceptions provided under s. 395.002(3).
  294  
  295  If the agency determines that an office is a candidate for
  296  ambulatory surgical center licensure under paragraph (b), the
  297  agency must notify the office and the department, and the office
  298  must cease performing procedures described in this subsection.
  299  The office may not recommence performing such procedures without
  300  first relinquishing its registration under this section and
  301  attaining ambulatory surgery center licensure under chapter 395.
  302         Section 3. The Department of Health shall develop a
  303  schedule for reregistration of offices affected by the
  304  amendments made to s. 458.328(1) or s. 459.0138(1), Florida
  305  Statutes, by this act. Registration of all such offices must be
  306  completed by December 1, 2024.
  307         Section 4. This act shall take effect upon becoming a law.