Dear FSPS Members,
Please see the latest advocacy details.
Board of Medicine
April was a momentous month at the Board of Medicine, as the American Board of Cosmetic Surgeons attempted to gain recognition as a Board-approved certifying agency. Fortunately, the FSPS became aware of the attempt in time to have its President, Andrew Rosenthal, MD, FCACS and its counsel attend the Board of Medicine Rules Committee to oppose the initiative. Dr. Rosenthal successfully convinced the Committee that the ABCS accreditation process did not meet ABMS standards, while Mr. Nuland emphasized that the Board’s own rules required ACGME training in one’s specialty in order for one to claim board-certification. In the end, the Board of Medicine agreed with both FSPS arguments, and the American Board of Cosmetic Surgeons still is not a board recognized by the Florida Board of Medicine.
Legislature
The dust has settled, the legislators and lobbyists have gone home, and the chambers have been locked until legislators return in May to work on a budget. While the 2025 Legislative Session will be remembered mostly for what did NOT pass, some notable legislation did pass.
Chief among the FSPS wins was the defeat of HB 209 and SB 324, each of which would have virtually eliminated office-based surgery by requiring all such facilities to receive Joint Commission accreditation and meet ambulatory surgical facility standards. The FSPS met with both sponsors quickly, as well as the heads of the respective committees to which the bills were assigned, and was able to prevent advancement of this onerous legislation.
Other bad legislation, however, did pass. For instance, after years of trying, the Trial Bar did pass (over our strenuous objections) legislation that will allow the adult children of deceased medical malpractice victims to sue for non-economic damages. While Organized Medicine plans on conducting a “veto campaign” asking the Governor to veto the legislation, this was a disappointing result to a multi-year effort. Also passing was legislation that would require the use of electronic prescribing for virtually all physicians with an EMR system (with exceptions for low-prescribing physicians and technical emergencies), as well as a new law that would require referring physicians to ascertain whether a physician or facility receiving the referral is in-network.
As mentioned in the opening, 2025 will also be remembered for what did NOT pass. As always, Scope of Practice Defense was one of our priorities, and I am pleased to announce that no notable Scope of Practice expansion occurred, despite the best efforts of Naturopaths, Nurses, Optometrists, and other allied health providers. In a more controversial initiative, an effort to ban restrictive covenants for health care providers was not even considered in the House and therefore dies.
What is Next:
Because legislators were unable to agree even on a framework on a budget, they will return to Tallahassee on May 12 to begin discussion on that single subject. Under agreed-upon rules (which can always be waived), legislators may not bring up substantive bills, meaning that there should not be notable changes to the above.
The FSPS would like to express its gratitude to the Aesthetic Society for its generous support of our lobbying efforts. I would also like to take this opportunity to thank all of those physicians who took time away from their practices and families to communicate with legislators and me throughout the Session. Your input is vital, and together we continue to make a huge impact on the legislative process.
As always, it is a pleasure and honor to serve.
Christopher L. Nuland, Esq.
Lobbyist and Counsel