FLORIDA Bill Clarifies Laser Supervision

Bill Name: House Bill 1321 (HB 1321); Senate Bill 1328 (SB 1328)

Primary Sponsor: Representative Gallop Franklin; Senator Ana Rodriguez

Status: H1321 03/08/2024: Died in Healthcare Regulation Subcommitte

S1328 03/08/2024 Died in Committee on Health Policy

AmSpa’s Take: These bills clarify a discrepancy in existing law. These sorts of bills are usually non-controversial and so have a higher chance of passage.

Outlook: These bills are in the first steps of the process.

Analysis: Currently, in Florida, people authorized to perform laser hair removal (LHR) are required to work under the “direct” supervision of a physician. In a different subsection of the same statute, physician assistants (PAs) and advanced practice registered nurses (APRNs) are exempted from one certain supervision requirement in the subsection if they are solely performing laser hair removal. This creates some confusion and inconsistency, as it is unclear if PAs and APRNs still require “direct” supervision or if they are also exempted from that section. In practice, this direct supervision issue has become less of a problem because a recently adopted rule allows for the physician to provide LHR supervision off site if certain requirements are met. However, SB 1328 and HB 1321, if passed, would more definitively solve the problem.

While similar, the two bills are slightly different in their language, with HB 1321 making the more substantial change. SB 1328 would simply insert a new section in the statute that specifically exempts PAs and APRNs from both the subsections mentioned above if they are exclusively performing LHR services. HB 1321 would insert the same new section, except it would also apply to registered nurses (RNs) and licensed practical nurses (LPNs) in addition to PAs and APRNs.

While helpful, these bills are unlikely to have a major impact even if passed. They both only apply to offices that provide LHR as their exclusive service, which is uncommon. Most medical spas and aesthetic practices offer at least one other type of medical treatment in addition to LHR. So, as currently written, these bills would have no real effect on those facilities. However, these types of bills often get changed and amended significantly if they pass this stage. That will likely be the case here as well. If you would like additional information, to read the language of the bill or to contact the sponsors or committee, you can find the information you need through these links HB 1321 and SB 1328.