Summary:
This bill changes the rules for medical offices that perform certain surgeries. It updates which procedures need special registration, removes old rules, and makes the language clearer. It also requires these offices to prove they are financially responsible and updates the standards they must follow.
Key Points:
Registration Requirements:
- Medical offices performing liposuction removing more than 1,000 cubic centimeters (cc) of fat, Level II, or Level III surgeries must register with the Department of Health.
- The department will inspect these offices before they can register.
Compliance and Responsibility:
- Each registered office must appoint a physician responsible for ensuring compliance with health and safety rules.
- The responsible physician must have an active, unrestricted license and work at that office.
- Offices must inform the department within 10 days if this physician changes. Failure to comply can result in suspension of registration.
Financial Responsibility:
- Offices must show they meet the same financial responsibility standards as individual physicians.
- Specifically, offices performing gluteal fat grafting (Brazilian butt lifts) must meet additional financial requirements.
Practice Standards for Surgeries:
- Surgeries that result in significant blood loss, require major procedures, involve major blood vessels, or are emergency or life-threatening cannot be performed in these office settings.
- For gluteal fat grafting:
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- Physicians must examine patients in person the day before the procedure.
- Delegation of duties during the procedure requires written consent from the patient.
- Fat injections must be done by the physician and only into the subcutaneous space, not into or below the muscle.
- Ultrasound or similar technology must guide fat injections to ensure they stay in the correct area.
- Only one physician per patient is allowed during the entire procedure.
Reporting and Penalties:
- If a procedure results in hospitalization, it must be reported as an adverse incident.
- Physicians performing procedures in unregistered offices face a fine of $5,000 per day.
- If an office is found non-compliant, the Department of Health can immediately suspend or restrict its registration.
Additional Information on New Rules:
Protection for Liposuction Patients:
- The new law provides more protection for patients, especially those getting Brazilian butt lifts (BBLs).
- Doctors performing liposuction removing more than 1,000 cc of fat, temporarily or permanently, must register their offices. Previously, this requirement was only for permanent removal.
Increased Fines:
- Doctors performing such procedures in unregistered offices can be fined $5,000 per procedure. This means multiple procedures in one day can lead to multiple fines, significantly increasing the financial risk for doctors.
Liability Coverage for Brazilian Butt Lifts:
- Doctors performing gluteal fat grafting must have at least $250,000 per claim and $750,000 annually in professional liability coverage. Alternatively, they must have an irrevocable letter of credit for these amounts. This ensures that patients have a better chance of receiving compensation if something goes wrong.
Surgery Center Coverage:
- Surgery centers where these procedures are performed must also establish the same financial responsibility. This makes it harder for centers to avoid accountability when issues arise.
Effective Date: This act takes effect immediately upon becoming law, signed by Gov. Ron DeSantis on May 11, 2024.
Read More at www.flsenate.gov
