Orlando Medical News December 2019

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December 2019 > $5

SB 732: The New Office Surgery Statute Can You Afford Not to Comply? By Gregory A. Chaires, Dr. Richard J. Brooderson & JoAnn M. Guerrero

As discussed in last month’s issue, a doctor’s office can be many things these days - a laboratory, a pharmacy, a beauty salon, a weight loss clinic; and contain surgical office suites where procedures can be performed. Office surgery has been around for many years and has continued to expand in scope and operation over the course of the last several years. The Florida Board of Medicine promulgated the Office Surgery Rule years

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ago to provide guidance on how such officebased surgery facilities must operate and has amended it periodically since its inception. Like many things in health care, the business world got creative in what procedures could be performed in the office setting and where they could be performed. Concomitantly, concerned about multiple poor and sometimes fatal outcomes (especially in the field of plastic surgery), the Legislature took great interest in the matter, which lead to the passage of Senate Bill 732, and was signed into law by Governor

DeSantis on June 25, 2019. Effective January 1, 2020, this law is codified in Sections 458.328 and 459.0138, Florida Statutes, and simply stated is a game changer in the regulation of office-based surgery. So, what is office surgery? Further to Rule 64B8-9.009, F.A.C. (the Rule), surgery is defined as the manual or operative procedure, including the use of lasers performed upon the body of a living human being for the purposes of preserving health, diagnosing or curing disease, repairing injury, correcting deformity or defects, prolonging life, relieving

suffering or any elective procedure for aesthetic, reconstructive or cosmetic purposes. Under the Rule, office surgery is anything performed outside of an ASC, which in and of itself is a licensed and regulated facility. WHO HAS TO REGISTER? A physician office which has a physician that performs a liposuction procedure in which more than 1,000 cubic centimeters of supernatant fat is removed, a Level II (CONTINUED ON PAGE 2)

Florida’s Medical Marijuana Patients Double in 2019 How is your healthcare practice affected? By MICHAEL C. PATTERSON

The Florida Medical Marijuana (MMJ) industry has doubled in less than one year. As of November 22, 2019, there are over 400,000 patients who are qualified to use MMJ in the Florida Department of Health, Office of Medical Marijuana Use (OMMU) system. The number of patients in the OMMU system has doubled since the beginning of 2019. This trend will most likely continue as more dispensaries open and become more prevalent across the state. There are

currently 200 dispensaries open in Florida with 2-3 dispensaries opening each week. One of the areas of the Florida MMJ program that is somewhat surprising is the amount of use of marijuana “flower” – or better known as “bud” – as the form of MMJ used for medicine. More than 1.82 million ounces of smokable medical marijuana were ordered for 128,040 patients over a six-month period, a new state report shows. That translates to 113,922 pounds, or 57 tons, of flower marijuana within the last six months (since smokable flower just

became officially legal in March 2019). The report, compiled on behalf of the state Board of Medicine and the Board of Osteopathic Medicine, shows that 44 per(CONTINUED ON PAGE 2)

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