-MQA NOV O 3 2021 ··~~l~ - Florida Department of Health

Final Order No. DOH-21-1525-J)s -MQA

FILED DATE-

NOV O 3 2021

~ ? r l m ,., of Heolth

STATE OF FLORIDA

BOARD OF NURSING

IN RE:

¡¤¡¤~~l~

THE PETITION FOR DECLARATORY STATEMENT OF:

ALLYSONSAUBER,APRN

FINAL ORDER

THIS MATTER came before the Florida Board of Nursing (Board) pursuant to Section

120.565, Florida Statutes.

At a duly-noticed public meeting held on October 7, 2021, in

Kissimmee, Florida, the Board considered a Petition for Declaratory Statement filed by Allyson

Sauber (Petitioner). The Petition was filed with the Depat1ment of Health Clerk on August 19,

2021; a copy of which is attached hereto. The Petition was duly filed and noticed in the Florida

Administrative Register in Volume 47, Number 165, on August 25, 2021. On September 13,

2021, a Motion to Intervene was filed on behalf of the Florida Medical Association, Inc, Florida

Society of Plastic Surgeons, Inc., Florida Society of Dermatology and Dermatologic Surgery,

Inc., and Florida Osteopathic Medical Association in opposition to the filed Petition for

Declaratory Statement.

Petitioner was not present at the hearing.

The Board was represented by Deborah

Bartholow Loucks, Senior Assistant Attorney General. Christopher Nuland, Attorney at Law,

appeared on behalf of the intervenors.

The Board granted the Petition to Intervene and heard comments and discussion from the

intervenors.

The Board denied the Petition because it did not have sufficient information upon which

to formulate a proper response. The intervenors dismi.ssed their Motion.

THEREFORE, the Petition for Declaratory Statement is hereby denied.

I

This Order shall become effective upon filing with the Clerk of the Department of

Health.

DONE AND ORDERED this ~!!.d day of November, 2021.

BOARD OF NURSING

~ It tXCI iu,nJ

w,

Joe R. Baker, Jr., Executive Director

for Deborah McKeen, CD-LPN, BS, Chair

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been provided by

U.S. Mail to: Allyson Sauber, 9385 165 th Place North, Jupiter, Florida

electronic

mail

to:

nulandlaw@;

counsel

Mary

jwinn@; and to:

of record

Thomas,

for

the

intervenors,

MThomas@;

33478 and by

Christopher

and

Jason

Noland,

Winn,

Deborah Loucks, Senior Assistant Attorney General,

Deborah.Loucks@, Angela Southwell, Paralegal Specialist, Office of the

Attorney General, angela.southwell@; and Cassandra Fullove, Paralegal

Specialist, Office of the Attorney General, Cassandra.fullove@; on

3 .

1\ ' /\}' _

' _ _ _ _ _ _ , 2 021.

---'l'---"-V-"u---=--1,;

2

TO:

Janet Haiiman, Chief

Bureau of HCPR

FROM:

Joe Baker, Jr., Executive Director

FBON

DATE:

October 27, 2021

RE:

Delegation of Authority

The following manager is delegated authority for the Board office as noted:

I 0/28-29

Thank you.

JBjr/ms

Nicole Benson

Program Ops Administrator

From:

Sent:

To:

Subject:

Baker, Joe

Tuesday, November 2, 2021 5:47 AM

Angela Southwell; Carney, KC; Debbie McKeen; DL MQA Board of Nursing/CNA; Hartman, Janet E;

Knispel, Matthew L; Pouncey, Lola T; Wenhold, Jennifer; Gabadage, Gangul; Johnson, Helaine;

Johnson, Jeffrey C; Landry, Gary P; Love, Andrew; Parsons, Victoria R; Witters, Matthew G; Perez,

Chelsea K; David Flynn; Deborah Loucks; Hollingsworth, Jessica

Re: Delegation Memo -- 10/28-29

This delegation is extended to include today, 11/2. Thank you.

Sent from my FDOH iPhone

1

4636

FILED

DEPARTMENT OF HEALTH

DEPUTY CLERK

CLERK: j1. mamfa :M.oraCes

DATE:

AUG l 9 2021

To the Florida Department of Health.

Request for a "Petition for a Declaratory Statement"

"Petition for Declaratory Statement Before the Florida Health Department and Florida Board of

Nursing"

Petitioner:

Allyson Sauber

APRN in Florida APRN9430583

9385 i 65th Pl. N., Jupiter, FL 33478

(4 i 9) 464-2033

amiganiwall@

(no fax number)

No legal representative

Seeking clarification on whether

i. I, as a Family Nurse Practitioner in the state of Florida, am able to legally perform laser

liposuction with subsequent autologous fat transfer procedure (with Beautifill machine, by

Alma)?

a. With my only training being that provided by the Alma company (9 hours of

observation of the procedure, followed by 6-8 hours of performing the procedure under the

supervision of a physician)?

b. If further training is required, what would this include - would this require me to

obtain an RNFA, perform a certain number of cases under direct physician supervision?

c. Am I able to perform this procedure in outpatient office setting (level i office

procedure, with less than i 000cc fat removal) - without a physician directly present (and only

available by phone)? (under a collaborating agreement with a plastic surgeon)

There is no documentation to state that APRNs in Florida can or cannot perform laser

liposuction with autologous fat transfers. This procedure harvests the fat in a low intensity

liposuction procedure (using only oral medications like Tramadol and Xanax, with tumescent

localized anesthesia used). There is not general anesthesia and the patient is awake and

oriented, able to physically move into different positions to assist the practitioner during the

procedure.

This legal gray zone - where it is not clearly documented in either the Board of Nursing or the

Health Department - is of concern to myself.

I am working at a medical spa that seeks to have this machine used by myself, an APRN. The

collaborating plastic surgeon is not trained in this particular machine and will not be on site for

these procedures, though available by phone contact. The procedure would require a crash

cart and does involve some blood loss, though reported to be minimal enough to not require

replacement IV fluids given.

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