A new law in Florida that became effective on May 10, 2024 requires most Brazilian butt lift clinics in Florida that transfer more than 1,000 cubic centimeters of fat to secure liability insurance coverage of at least $250,000 per claim and an annual aggregate of at least $750,000 (“An office in which a physician performs a gluteal fat grafting procedure must also establish financial responsibility by demonstrating that it has met and continues to maintain, at a minimum, the same requirements applicable to physicians in ss. 458.320(2)(b) or (c) and 459.0085(2)(b) or (c), as applicable. Each physician practicing at an office registered under this section or s. 459.0138 must meet the financial responsibility requirements under s. 458.320 or s. 459.0085, as applicable.”).
The new law also requires that physician offices must register with the Florida Department of Health, regardless of whether the liposuction procedure was considered temporary or permanent transfer of fat. Failure to register is subject to a penalty of $5,000 per incident, while the old law provided for a penalty of $5,000 per day. (“A physician may not perform any surgery or procedure identified in paragraph (1)(a) in a setting other than an office surgery setting registered under this section or a facility licensed under chapter 390 or chapter 395, as applicable. The board shall impose a fine of $5,000 per incident on a physician who violates this paragraph.”)
Under the new law, “a physician performing a gluteal fat grafting procedure in an office surgery setting shall adhere to standards of practice under this subsection and rules adopted by the board which include, but are not limited to, all of the following: 1. A physician performing a gluteal fat grafting procedure must conduct an in-person examination of the patient while physically present in the same room as the patient no later than 90 the day before the procedure. 2. Before a physician may delegate any duties during a gluteal fat grafting procedure, the patient must provide written, informed consent for such delegation. Any duty delegated by a physician during a gluteal fat grafting procedure must be performed under the direct supervision of the physician performing such procedure. Fat extraction and gluteal fat injections must be performed by the physician and may not be delegated. 3. Fat may only be injected into the subcutaneous space of the patient and may not cross the fascia overlying the gluteal muscle. Intramuscular or submuscular fat injections are prohibited. 4. When the physician performing a gluteal fat grafting procedure injects fat into the subcutaneous space of the patient, the physician must use ultrasound guidance, or guidance with other technology authorized under board rule which equals or exceeds the quality of ultrasound, during the placement and navigation of the cannula to ensure that the fat is injected into the subcutaneous space of the patient above the fascia overlying the gluteal muscle. Such guidance with the use of ultrasound or other technology is not required for other portions of such procedure. 5. An office in which a physician performs gluteal fat grafting procedures must at all times maintain a ratio of one physician to one patient during all phases of the procedure, beginning with the administration of anesthesia to the patient and concluding with the extubation of the patient. After a physician has commenced, and while he or she is engaged in, a gluteal fat grafting procedure, the physician may not commence or engage in another gluteal fat grafting procedure or any other procedure with another patient at the same time.”
Furthermore, “A physician performing a gluteal fat grafting procedure in an office surgery setting shall adhere to standards of practice under this subsection and rules adopted by the board … “
The CDC reported in January 2024: “Investigation of a case of NTM [Nontuberculous mycobacteria] infection in a patient who received a cosmetic surgical procedure in Florida identified a total of 15 cases in nine states in patients who received cosmetic surgical procedures at the same facility in Florida. Multiple lapses in infection control and prevention were found at an outpatient cosmetic surgery clinic operating with the same staff members..”
If you or a loved one were injured as a result of an outpatient cosmetic surgery procedure that may be due to medical negligence in Florida or in another U.S. state, you should consult with a Florida medical malpractice lawyer or a local medical malpractice lawyer in your U.S. state who may investigate your cosmetic surgery claim for you and represent you or a loved one in a cosmetic surgery malpractice case, if appropriate.
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