Florida Senate - 2024                             CS for SB 1188
       
       
        
       By the Committee on Health Policy; and Senator Garcia
       
       
       
       
       
       588-02981-24                                          20241188c1
    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; specifying notification and inspection
    7         procedures for the department and the Agency for
    8         Health Care Administration if, during the registration
    9         process, the department determines that the
   10         performance of specified procedures in the office
   11         would create a risk to patient safety such that the
   12         office should instead be regulated as an ambulatory
   13         surgical center; deleting obsolete language; making
   14         technical and clarifying changes; revising standards
   15         of practice for office surgeries; requiring medical
   16         offices already registered with the department to
   17         perform certain office surgeries as of a specified
   18         date to reregister if such offices perform specified
   19         procedures; specifying notification and inspection
   20         procedures for the department and the agency in the
   21         event that, during the reregistration process, the
   22         department determines that the performance of
   23         specified procedures in an office creates a risk of
   24         patient safety such that the office should instead be
   25         regulated as an ambulatory surgical center; requiring
   26         an office to cease performing the specified procedures
   27         and relinquish its office surgery registration and
   28         instead seek licensure as an ambulatory surgical
   29         center under such circumstances; requiring the
   30         department to develop a schedule for reregistration of
   31         medical offices affected by this act, to be completed
   32         by a specified date; providing an effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Paragraphs (a), (b), and (h) of subsection (1)
   37  and subsection (2) of section 458.328, Florida Statutes, are
   38  amended, and subsection (4) is added to that section, to read:
   39         458.328 Office surgeries.—
   40         (1) REGISTRATION.—
   41         (a)1. An office in which a physician performs a liposuction
   42  procedure in which more than 1,000 cubic centimeters of
   43  supernatant fat is temporarily or permanently removed, a
   44  liposuction procedure in which the patient is rotated 180
   45  degrees or more during the procedure, a gluteal fat grafting
   46  procedure, a Level II office surgery, or a Level III office
   47  surgery must register with the department. unless the office is
   48  licensed as A facility licensed under chapter 390 or chapter 395
   49  may not be registered under this section.
   50         2. The department must complete an inspection of any office
   51  seeking registration under this section before the office may be
   52  registered.
   53         3.If the department determines that an office seeking
   54  registration under this section is one in which a physician is
   55  likely to perform, or intends to perform, liposuction procedures
   56  that include a patient being rotated 180 degrees or more during
   57  the procedure or in which a physician is likely to perform, or
   58  intends to perform, gluteal fat grafting procedures, and the
   59  department determines that the performance of such procedures in
   60  the office would create a significant risk to patient safety and
   61  the interests of patient safety would be better served if such
   62  procedures were instead regulated under the requirements of
   63  ambulatory surgical center licensure under chapter 395:
   64         a.The department must notify the Agency for Health Care
   65  Administration of its determination.
   66         b.The agency must inspect the office and determine, in the
   67  interest of patient safety, whether the office is a candidate
   68  for ambulatory surgical center licensure, notwithstanding the
   69  office’s failure to meet all requirements associated with such
   70  licensure at the time of inspection and notwithstanding any
   71  pertinent exceptions provided under s. 395.002(3).
   72         c.If the agency determines that an office is a candidate
   73  for ambulatory surgical center licensure under sub-subparagraph
   74  b., the agency must notify the office and the department, and
   75  the office may not register under this section and must instead
   76  attain ambulatory surgical center licensure under chapter 395
   77  before such surgeries may be conducted in the office.
   78         d.If the agency determines that an office is not a
   79  candidate for ambulatory surgical center licensure under sub
   80  subparagraph b., the agency must notify the office and the
   81  department, and the department shall resume the office’s
   82  registration process.
   83         (b) By January 1, 2020, Each office registered under this
   84  section or s. 459.0138 must designate a physician who is
   85  responsible for the office’s compliance with the office health
   86  and safety requirements of this section and rules adopted
   87  hereunder. A designated physician must have a full, active, and
   88  unencumbered license under this chapter or chapter 459 and shall
   89  practice at the office for which he or she has assumed
   90  responsibility. Within 10 calendar days after the termination of
   91  a designated physician relationship, the office must notify the
   92  department of the designation of another physician to serve as
   93  the designated physician. The department may suspend the
   94  registration of an office if the office fails to comply with the
   95  requirements of this paragraph.
   96         (h) A physician may only perform a procedure or surgery
   97  identified in paragraph (a) in an office that is registered with
   98  the department. The board shall impose a fine of $5,000 per day
   99  on a physician who performs a procedure or surgery in an office
  100  that is not registered with the department.
  101         (2) STANDARDS OF PRACTICE.—
  102         (a) A physician may not perform any surgery or procedure
  103  identified in paragraph (1)(a) in a setting other than an office
  104  registered under this section or a facility licensed under
  105  chapter 390 or chapter 395, as applicable. The board shall
  106  impose a fine of $5,000 per incident on a physician who violates
  107  this paragraph performing a gluteal fat grafting procedure in an
  108  office surgery setting shall adhere to standards of practice
  109  pursuant to this subsection and rules adopted by the board.
  110         (b) Office surgeries may not:
  111         1. Be a type of surgery that generally results in blood
  112  loss of more than 10 percent of estimated blood volume in a
  113  patient with a normal hemoglobin level;
  114         2. Require major or prolonged intracranial, intrathoracic,
  115  abdominal, or joint replacement procedures, except for
  116  laparoscopic procedures;
  117         3. Involve major blood vessels and be performed with direct
  118  visualization by open exposure of the major blood vessel, except
  119  for percutaneous endovascular intervention; or
  120         4. Be emergent or life threatening.
  121         (c) A physician performing a gluteal fat grafting procedure
  122  in an office surgery setting shall adhere to standards of
  123  practice under this subsection and rules adopted by the board,
  124  which include, but are not limited to, all of the following:
  125         1. A physician performing a gluteal fat grafting procedure
  126  must conduct an in-person examination of the patient while
  127  physically present in the same room as the patient no later than
  128  the day before the procedure.
  129         2. Before a physician may delegate any duties during a
  130  gluteal fat grafting procedure, the patient must provide
  131  written, informed consent for such delegation. Any duty
  132  delegated by a physician during a gluteal fat grafting procedure
  133  must be performed under the direct supervision of the physician
  134  performing such procedure. Fat extraction and gluteal fat
  135  injections must be performed by the physician and may not be
  136  delegated.
  137         3. Fat may only be injected into the subcutaneous space of
  138  the patient and may not cross the fascia overlying the gluteal
  139  muscle. Intramuscular or submuscular fat injections are
  140  prohibited.
  141         4. When the physician performing a gluteal fat grafting
  142  procedure injects fat into the subcutaneous space of the
  143  patient, the physician must use ultrasound guidance, or guidance
  144  with other technology authorized under board rule which equals
  145  or exceeds the quality of ultrasound, during the placement and
  146  navigation of the cannula to ensure that the fat is injected
  147  into the subcutaneous space of the patient above the fascia
  148  overlying the gluteal muscle. Such guidance with the use of
  149  ultrasound or other technology is not required for other
  150  portions of such procedure.
  151         5.An office in which a physician performs gluteal fat
  152  grafting procedures must at all times maintain a ratio of one
  153  physician to one patient during all phases of the procedure,
  154  beginning with the administration of anesthesia to the patient
  155  and concluding with the extubation of the patient. After a
  156  physician has commenced, and while he or she is engaged in, a
  157  gluteal fat grafting procedure, the physician may not commence
  158  or engage in another gluteal fat grafting procedure or any other
  159  procedure with another patient at the same time.
  160         (d) If a procedure in an office surgery setting results in
  161  hospitalization, the incident must be reported as an adverse
  162  incident pursuant to s. 458.351.
  163         (e) An office in which a physician performs gluteal fat
  164  grafting procedures must at all times maintain a ratio of one
  165  physician to one patient during all phases of the procedure,
  166  beginning with the administration of anesthesia to the patient
  167  and concluding with the extubation of the patient. After a
  168  physician has commenced, and while he or she is engaged in, a
  169  gluteal fat grafting procedure, the physician may not commence
  170  or engage in another gluteal fat grafting procedure or any other
  171  procedure with another patient at the same time.
  172         (4) REREGISTRATION.—An office that registered under this
  173  section before July 1, 2024, in which a physician performs
  174  liposuction procedures that include a patient being rotated 180
  175  degrees or more during the procedure or in which a physician
  176  performs gluteal fat grafting procedures must seek
  177  reregistration with the department consistent with the
  178  parameters of initial registration under subsection (1)
  179  according to a schedule developed by the department. During the
  180  reregistration process, if the department determines that the
  181  performance of such procedures in the office creates a
  182  significant risk to patient safety and that the interests of
  183  patient safety would be better served if such procedures were
  184  instead regulated under the requirements of ambulatory surgical
  185  center licensure under chapter 395:
  186         (a) The department must notify the Agency for Health Care
  187  Administration of its determination; and
  188         (b) The agency must inspect the office and determine, in
  189  the interest of patient safety, whether the office is a
  190  candidate for ambulatory surgical center licensure,
  191  notwithstanding the office’s failure to meet all requirements
  192  associated with such licensure at the time of inspection and
  193  notwithstanding any pertinent exceptions provided under s.
  194  395.002(3).
  195  
  196  If the agency determines that an office is a candidate for
  197  ambulatory surgical center licensure under paragraph (b), the
  198  agency must notify the office and the department, and the office
  199  must cease performing procedures described in this subsection.
  200  The office may not recommence performing such procedures without
  201  first relinquishing its registration under this section and
  202  attaining ambulatory surgical center licensure under chapter
  203  395.
  204         Section 2. Paragraphs (a), (b), and (h) of subsection (1)
  205  and subsection (2) of section 459.0138, Florida Statutes, are
  206  amended, and subsection (4) is added to that section, to read:
  207         459.0138 Office surgeries.—
  208         (1) REGISTRATION.—
  209         (a)1. An office in which a physician performs a liposuction
  210  procedure in which more than 1,000 cubic centimeters of
  211  supernatant fat is temporarily or permanently removed, a
  212  liposuction procedure in which the patient is rotated 180
  213  degrees or more during the procedure, a gluteal fat grafting
  214  procedure, a Level II office surgery, or a Level III office
  215  surgery must register with the department. unless the office is
  216  licensed as A facility licensed under chapter 390 or chapter 395
  217  may not be registered under this section.
  218         2. The department must complete an inspection of any office
  219  seeking registration under this section before the office may be
  220  registered.
  221         3.If the department determines that an office seeking
  222  registration under this section is one in which a physician is
  223  likely to perform, or intends to perform, liposuction procedures
  224  that include a patient being rotated 180 degrees or more during
  225  the procedure or in which a physician is likely to perform, or
  226  intends to perform, gluteal fat grafting procedures, and the
  227  department determines that the performance of such procedures in
  228  the office would create a significant risk to patient safety and
  229  the interests of patient safety would be better served if such
  230  procedures were instead regulated under the requirements of
  231  ambulatory surgical center licensure under chapter 395:
  232         a.The department must notify the Agency for Health Care
  233  Administration of its determination.
  234         b.The agency must inspect the office and determine, in the
  235  interest of patient safety, whether the office is a candidate
  236  for ambulatory surgical center licensure, notwithstanding the
  237  office’s failure to meet all requirements associated with such
  238  licensure at the time of inspection and notwithstanding any
  239  pertinent exceptions provided under s. 395.002(3).
  240         c.If the agency determines that an office is a candidate
  241  for ambulatory surgical center licensure under sub-subparagraph
  242  b., the agency must notify the office and the department, and
  243  the office may not register under this section and must instead
  244  attain ambulatory surgical center licensure under chapter 395
  245  before such surgeries may be conducted in the office.
  246         d.If the agency determines that an office is not a
  247  candidate for ambulatory surgical center licensure under sub
  248  subparagraph b., the agency must notify the office and the
  249  department, and the department shall resume the office’s
  250  registration process.
  251         (b) By January 1, 2020, Each office registered under this
  252  section or s. 458.328 must designate a physician who is
  253  responsible for the office’s compliance with the office health
  254  and safety requirements of this section and rules adopted
  255  hereunder. A designated physician must have a full, active, and
  256  unencumbered license under this chapter or chapter 458 and shall
  257  practice at the office for which he or she has assumed
  258  responsibility. Within 10 calendar days after the termination of
  259  a designated physician relationship, the office must notify the
  260  department of the designation of another physician to serve as
  261  the designated physician. The department may suspend a
  262  registration for an office if the office fails to comply with
  263  the requirements of this paragraph.
  264         (h) A physician may only perform a procedure or surgery
  265  identified in paragraph (a) in an office that is registered with
  266  the department. The board shall impose a fine of $5,000 per day
  267  on a physician who performs a procedure or surgery in an office
  268  that is not registered with the department.
  269         (2) STANDARDS OF PRACTICE.—
  270         (a) A physician may not perform any surgery or procedure
  271  identified in paragraph (1)(a) in a setting other than an office
  272  registered under this section or a facility licensed under
  273  chapter 390 or chapter 395, as applicable. The board shall
  274  impose a fine of $5,000 per incident on a physician who violates
  275  this paragraph performing a gluteal fat grafting procedure in an
  276  office surgery setting shall adhere to standards of practice
  277  pursuant to this subsection and rules adopted by the board.
  278         (b) Office surgeries may not:
  279         1. Be a type of surgery that generally results in blood
  280  loss of more than 10 percent of estimated blood volume in a
  281  patient with a normal hemoglobin level;
  282         2. Require major or prolonged intracranial, intrathoracic,
  283  abdominal, or joint replacement procedures, except for
  284  laparoscopic procedures;
  285         3. Involve major blood vessels and be performed with direct
  286  visualization by open exposure of the major blood vessel, except
  287  for percutaneous endovascular intervention; or
  288         4. Be emergent or life threatening.
  289         (c) A physician performing a gluteal fat grafting procedure
  290  in an office surgery setting shall adhere to standards of
  291  practice under this subsection and rules adopted by the board,
  292  which include, but are not limited to, all of the following:
  293         1. A physician performing a gluteal fat grafting procedure
  294  must conduct an in-person examination of the patient while
  295  physically present in the same room as the patient no later than
  296  the day before the procedure.
  297         2. Before a physician may delegate any duties during a
  298  gluteal fat grafting procedure, the patient must provide
  299  written, informed consent for such delegation. Any duty
  300  delegated by a physician during a gluteal fat grafting procedure
  301  must be performed under the direct supervision of the physician
  302  performing such procedure. Fat extraction and gluteal fat
  303  injections must be performed by the physician and may not be
  304  delegated.
  305         3. Fat may only be injected into the subcutaneous space of
  306  the patient and may not cross the fascia overlying the gluteal
  307  muscle. Intramuscular or submuscular fat injections are
  308  prohibited.
  309         4. When the physician performing a gluteal fat grafting
  310  procedure injects fat into the subcutaneous space of the
  311  patient, the physician must use ultrasound guidance, or guidance
  312  with other technology authorized under board rule which equals
  313  or exceeds the quality of ultrasound, during the placement and
  314  navigation of the cannula to ensure that the fat is injected
  315  into the subcutaneous space of the patient above the fascia
  316  overlying the gluteal muscle. Such guidance with the use of
  317  ultrasound or other technology is not required for other
  318  portions of such procedure.
  319         5.An office in which a physician performs gluteal fat
  320  grafting procedures must at all times maintain a ratio of one
  321  physician to one patient during all phases of the procedure,
  322  beginning with the administration of anesthesia to the patient
  323  and concluding with the extubation of the patient. After a
  324  physician has commenced, and while he or she is engaged in, a
  325  gluteal fat grafting procedure, the physician may not commence
  326  or engage in another gluteal fat grafting procedure or any other
  327  procedure with another patient at the same time.
  328         (d) If a procedure in an office surgery setting results in
  329  hospitalization, the incident must be reported as an adverse
  330  incident pursuant to s. 458.351.
  331         (e) An office in which a physician performs gluteal fat
  332  grafting procedures must at all times maintain a ratio of one
  333  physician to one patient during all phases of the procedure,
  334  beginning with the administration of anesthesia to the patient
  335  and concluding with the extubation of the patient. After a
  336  physician has commenced, and while he or she is engaged in, a
  337  gluteal fat grafting procedure, the physician may not commence
  338  or engage in another gluteal fat grafting procedure or any other
  339  procedure with another patient at the same time.
  340         (4) REREGISTRATION.—An office that registered under this
  341  section before July 1, 2024, in which a physician performs
  342  liposuction procedures that include a patient being rotated 180
  343  degrees or more during the procedure or in which a physician
  344  performs gluteal fat grafting procedures must seek
  345  reregistration with the department consistent with the
  346  parameters of initial registration under subsection (1)
  347  according to a schedule developed by the department. During the
  348  reregistration process, if the department determines that the
  349  performance of such procedures in the office creates a
  350  significant risk to patient safety and that the interests of
  351  patient safety would be better served if such procedures were
  352  instead regulated under the requirements of ambulatory surgical
  353  center licensure under chapter 395:
  354         (a) The department must notify the Agency for Health Care
  355  Administration of its determination;
  356         (b) The agency must inspect the office and determine, in
  357  the interest of patient safety, whether the office is a
  358  candidate for ambulatory surgical center licensure
  359  notwithstanding the office’s failure to meet all requirements
  360  associated with such licensure at the time of inspection and
  361  notwithstanding any pertinent exceptions provided under s.
  362  395.002(3).
  363  
  364  If the agency determines that an office is a candidate for
  365  ambulatory surgical center licensure under paragraph (b), the
  366  agency must notify the office and the department, and the office
  367  must cease performing procedures described in this subsection.
  368  The office may not recommence performing such procedures without
  369  first relinquishing its registration under this section and
  370  attaining ambulatory surgery center licensure under chapter 395.
  371         Section 3. The Department of Health shall develop a
  372  schedule for reregistration of offices affected by the
  373  amendments made to s. 458.328(1) or s. 459.0138(1), Florida
  374  Statutes, by this act. Registration of all such offices must be
  375  completed by December 1, 2024.
  376         Section 4. This act shall take effect upon becoming a law.