Bill Text: FL S1580 | 2011 | Regular Session | Introduced

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Bill Title: Medspas

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1580 Detail]

Download: Florida-2011-S1580-Introduced.html

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       Florida Senate - 2011                                    SB 1580
       
       
       
       By Senator Sobel
       
       
       
       
       31-00641-11                                           20111580__
    1                        A bill to be entitled                      
    2         An act relating to medspas; amending s. 400.9905,
    3         F.S.; redefining the term “clinic” to include a medspa
    4         for purposes of regulation under the Health Care
    5         Clinic Act; defining the term “medspa”; providing an
    6         effective date.
    7  
    8  Be It Enacted by the Legislature of the State of Florida:
    9  
   10         Section 1. Subsection (4) of section 400.9905, Florida
   11  Statutes, is amended, present subsections (6) and (7) of that
   12  section are renumbered as subsections (7) and (8), respectively,
   13  and a new subsection (6) is added to that section, to read:
   14         400.9905 Definitions.—
   15         (4) “Clinic” means an entity at which health care services
   16  are provided to individuals and which tenders charges for
   17  reimbursement for such services, including a mobile clinic, a
   18  medspa, and a portable equipment provider. For purposes of this
   19  part, the term does not include and the licensure requirements
   20  of this part do not apply to:
   21         (a) Entities licensed or registered by the state under
   22  chapter 395; or entities licensed or registered by the state and
   23  providing only health care services within the scope of services
   24  authorized under their respective licenses granted under ss.
   25  383.30-383.335, chapter 390, chapter 394, chapter 397, this
   26  chapter except part X, chapter 429, chapter 463, chapter 465,
   27  chapter 466, chapter 478, part I of chapter 483, chapter 484, or
   28  chapter 651; end-stage renal disease providers authorized under
   29  42 C.F.R. part 405, subpart U; or providers certified under 42
   30  C.F.R. part 485, subpart B or subpart H; or any entity that
   31  provides neonatal or pediatric hospital-based health care
   32  services or other health care services by licensed practitioners
   33  solely within a hospital licensed under chapter 395.
   34         (b) Entities that own, directly or indirectly, entities
   35  licensed or registered by the state pursuant to chapter 395; or
   36  entities that own, directly or indirectly, entities licensed or
   37  registered by the state and providing only health care services
   38  within the scope of services authorized pursuant to their
   39  respective licenses granted under ss. 383.30-383.335, chapter
   40  390, chapter 394, chapter 397, this chapter except part X,
   41  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
   42  part I of chapter 483, chapter 484, chapter 651; end-stage renal
   43  disease providers authorized under 42 C.F.R. part 405, subpart
   44  U; or providers certified under 42 C.F.R. part 485, subpart B or
   45  subpart H; or any entity that provides neonatal or pediatric
   46  hospital-based health care services by licensed practitioners
   47  solely within a hospital licensed under chapter 395.
   48         (c) Entities that are owned, directly or indirectly, by an
   49  entity licensed or registered by the state pursuant to chapter
   50  395; or entities that are owned, directly or indirectly, by an
   51  entity licensed or registered by the state and providing only
   52  health care services within the scope of services authorized
   53  pursuant to their respective licenses granted under ss. 383.30
   54  383.335, chapter 390, chapter 394, chapter 397, this chapter
   55  except part X, chapter 429, chapter 463, chapter 465, chapter
   56  466, chapter 478, part I of chapter 483, chapter 484, or chapter
   57  651; end-stage renal disease providers authorized under 42
   58  C.F.R. part 405, subpart U; or providers certified under 42
   59  C.F.R. part 485, subpart B or subpart H; or any entity that
   60  provides neonatal or pediatric hospital-based health care
   61  services by licensed practitioners solely within a hospital
   62  under chapter 395.
   63         (d) Entities that are under common ownership, directly or
   64  indirectly, with an entity licensed or registered by the state
   65  pursuant to chapter 395; or entities that are under common
   66  ownership, directly or indirectly, with an entity licensed or
   67  registered by the state and providing only health care services
   68  within the scope of services authorized pursuant to their
   69  respective licenses granted under ss. 383.30-383.335, chapter
   70  390, chapter 394, chapter 397, this chapter except part X,
   71  chapter 429, chapter 463, chapter 465, chapter 466, chapter 478,
   72  part I of chapter 483, chapter 484, or chapter 651; end-stage
   73  renal disease providers authorized under 42 C.F.R. part 405,
   74  subpart U; or providers certified under 42 C.F.R. part 485,
   75  subpart B or subpart H; or any entity that provides neonatal or
   76  pediatric hospital-based health care services by licensed
   77  practitioners solely within a hospital licensed under chapter
   78  395.
   79         (e) An entity that is exempt from federal taxation under 26
   80  U.S.C. s. 501(c)(3) or (4), an employee stock ownership plan
   81  under 26 U.S.C. s. 409 that has a board of trustees not less
   82  than two-thirds of which are Florida-licensed health care
   83  practitioners and provides only physical therapy services under
   84  physician orders, any community college or university clinic,
   85  and any entity owned or operated by the federal or state
   86  government, including agencies, subdivisions, or municipalities
   87  thereof.
   88         (f) A sole proprietorship, group practice, partnership, or
   89  corporation that provides health care services by physicians
   90  covered by s. 627.419, that is directly supervised by one or
   91  more of such physicians, and that is wholly owned by one or more
   92  of those physicians or by a physician and the spouse, parent,
   93  child, or sibling of that physician.
   94         (g) A sole proprietorship, group practice, partnership, or
   95  corporation that provides health care services by licensed
   96  health care practitioners under chapter 457, chapter 458,
   97  chapter 459, chapter 460, chapter 461, chapter 462, chapter 463,
   98  chapter 466, chapter 467, chapter 480, chapter 484, chapter 486,
   99  chapter 490, chapter 491, or part I, part III, part X, part
  100  XIII, or part XIV of chapter 468, or s. 464.012, which are
  101  wholly owned by one or more licensed health care practitioners,
  102  or the licensed health care practitioners set forth in this
  103  paragraph and the spouse, parent, child, or sibling of a
  104  licensed health care practitioner, so long as one of the owners
  105  who is a licensed health care practitioner is supervising the
  106  business activities and is legally responsible for the entity’s
  107  compliance with all federal and state laws. However, a health
  108  care practitioner may not supervise services beyond the scope of
  109  the practitioner’s license, except that, for the purposes of
  110  this part, a clinic owned by a licensee in s. 456.053(3)(b) that
  111  provides only services authorized pursuant to s. 456.053(3)(b)
  112  may be supervised by a licensee specified in s. 456.053(3)(b).
  113         (h) Clinical facilities affiliated with an accredited
  114  medical school at which training is provided for medical
  115  students, residents, or fellows.
  116         (i) Entities that provide only oncology or radiation
  117  therapy services by physicians licensed under chapter 458 or
  118  chapter 459 or entities that provide oncology or radiation
  119  therapy services by physicians licensed under chapter 458 or
  120  chapter 459 which are owned by a corporation whose shares are
  121  publicly traded on a recognized stock exchange.
  122         (j) Clinical facilities affiliated with a college of
  123  chiropractic accredited by the Council on Chiropractic Education
  124  at which training is provided for chiropractic students.
  125         (k) Entities that provide licensed practitioners to staff
  126  emergency departments or to deliver anesthesia services in
  127  facilities licensed under chapter 395 and that derive at least
  128  90 percent of their gross annual revenues from the provision of
  129  such services. Entities claiming an exemption from licensure
  130  under this paragraph must provide documentation demonstrating
  131  compliance.
  132         (l) Orthotic or prosthetic clinical facilities that are a
  133  publicly traded corporation or that are wholly owned, directly
  134  or indirectly, by a publicly traded corporation. As used in this
  135  paragraph, a publicly traded corporation is a corporation that
  136  issues securities traded on an exchange registered with the
  137  United States Securities and Exchange Commission as a national
  138  securities exchange.
  139         (6) “Medspa” means an entity at which:
  140         (a) A patient is injected with a cosmetic or esthetic
  141  substance that is prescribed by a health care provider who is
  142  licensed to prescribe drugs in this state; or
  143         (b) Human tissue is altered through the use of a device
  144  that:
  145         1. Is prescribed by a health care provider who is licensed
  146  to prescribe drugs in this state; and
  147         2. Uses waveform energy, including, but not limited to, a
  148  laser or intense pulsed light.
  149         Section 2. This act shall take effect July 1, 2011.