By: Jacqueline Bain
At the end of June, Governor DeSantis signed into law various additions and clarifications to the requirements of offices and clinics allowing liposuction procedures. Should your office perform these types of procedures, please review below and speak with an attorney about your obligations.
Mandatory State Registration: On or before January 1, 2020, every office in which a physician performs a liposuction procedure removing more than 1,000 cubic centimeters of supernatant fat must register with the State in order to perform such a surgery in office. (Exceptions are made for offices that maintain State licenses under either Chapter 390 or Chapter 395, Florida Statutes.)
Designation of Responsible Physician: Each office registered under this new law must designate a physician who is responsible for the office’s compliance with this new law. The responsible physician must practice in the office for which s/he is responsible. Should this physician terminate his/her relationship with the office, the office has 10 days to notify the State of the new physician who is responsible for the office’s compliance. The terminating physician also must notify the State within 10 days after terminating with the office.
Financial Responsibility: Under Florida law currently, physicians are required to maintain the financial responsibility requirements set forth in Section 458.320 or 459.0085, Florida Statutes, as applicable. Under the new law, every registered office must also establish financial responsibility by demonstrating that it maintains the financial responsibility requirements set forth in Sections 458.320 and 459.0085, Florida Statutes.
Annual Inspections: Unless the registered office is also accredited by an approved accrediting agency, the Department of Health will inspect each registered office annually, including a review of patient records. The inspection may be unannounced. (Exceptions are made for certain pain management clinics, which will have announced inspections.)
Penalties for Non-Compliance:
The Department of Health may suspend or revoke the registration of an office for failure of any of its physicians, owners, or operators to comply with this new law and rules. If an office’s registration is revoked for any reason, the department may deny any future license from any involved person for reregistering for 5 years after the revocation date.
The designated responsible physician may be disciplined by the Department of Health for failure of the office to operate in compliance with this new law. Additionally, any physician who performs the referenced liposuction procedures in an office that is not registered shall be fined $5,000 per day.
New Rules Forthcoming: The new law allows for the Board of Medicine and the Board of Osteopathic Medicine to adopt rule standards of practice for physicians who perform in office liposuction procedures in which more than 1,000 cubic centimeters of supernatant fat is removed. These rule standards of practice have not yet been issued. The Boards may also adopt rules to administer the registration, inspection, and safety of registered offices