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On July 24, 2019, Allergan voluntarily recalled unused BIOCELL® textured breast implant products. Each breast implant maker uses a different technique for creating the texture on the implant. The different techniques behave differently, and are not comparable. The recall is only for the Allergan type of texturing implants that have not been used in patients, and not for Sientra or Mentor textured breast implants. Sientra and Mentor implants use a micro-texturing process, different than the...

Despite lobbying efforts by ASPS and others, Medicare has opted to, for the first time, require pre-authorizations for several common plastic surgery procedures. For further information, go to https://www.plasticsurgery.org/for-medical-professionals/health-policy/cms-new-policy-prior-authorization-for-outpatient-procedures and review the attached articles from ASPS.

Over the past two weeks, the FSPS has fielded many questions regarding the implications of SB 698, which requires a consent before a physician, resident, or medical student may examine the pelvic area or rectum, including the external organs. The law was not targeted at plastic surgeons, but a literal interpretation by our legal team suggests that plastic surgeons should, indeed, obtain a consent before performing such an examination. Rest assured that we are currently working at the...

In June, Florida Governor Ron DeSantis signed SB 732, the most sweeping change to the State’s Office Surgery Statutes in two decades. While the law officially does not go into effect until January 1, 2020, surgeons should begin now to ensure that they are compliant by that date. Spurred by the torrent of adverse incidents from certain clinics, the Bill’s sponsors introduced legislation to address the problems. The initial bills, however, were fundamentally flawed (including an outright ban on...

2019 Legislative Wrap-Up Christopher L. Nuland, Esq. May 4, 2019 Amidst the usual last-minute shenanigans and deal-making, I am happy to report that, overall, we had an extraordinary 2019 Legislative Session. Not only did we pass SB 732, which will regulate office facilities and their owners, but we also had an extraordinary Session in other arenas. On the defensive front, we thwarted all attempts at Scope of Practice expansion, including pharmacists, nurse practitioners, and physician...

Christopher L. Nuland, Esq. March 28, 2019 As we approach the halfway point of the 2019 Legislative Session, it has become abundantly clear that the House and Senate have very different health care agendas. In the House, scope of practice issues have dominated, as the health care committees have been committed to passing independent practice bills for Nurse Practitioners and Physician Assistants, as well as allowing Pharmacists to diagnose and prescribe. The Senate, on the other hand, has not...

The second week of the Legislative Session produced a series of initiatives that could drastically affect each and every physician’s practice in the Sate of Florida. The Good On Monday the Senate Health Policy Committee adopted a comprehensive rewrite of SB 732, which governs office surgery.  As originally written, this bill would have required virtually every physician office in the State to become licensed as an ambulatory surgical center.  As a result, of the amendment, only facilities that...

Dear Fellow FSPS Members: April 9, 2017 Legislative Update Christopher L. Nuland, Esq. Happy Passover and Easter. The 2017 Legislative Session has passed its midpoint, and with very little activity planned this coming week due to the Passover and Easter holidays, only three full weeks of full legislative activity remain. That being said, this past week was an eventful one for Medicine both at the Legislature and in a marathon Board of Medicine Meeting in Ft. Lauderdale.  In Tallahassee, the...

The FSPS and the ACS both strongly oppose HB 1037, and we need your support in letting your Representative know how your feel about letting an optometrist perform surgery with scalpel or laser. We need your help TODAY! Legislation has been filed that would allow optometrists, non-physicians, to independently perform laser and scalpel surgery without ever going to medical school or a surgical residency (House Bill 1037/Senate Bill 1168). This legislation puts patients in harm's way and lowers...