Subject


The procedure used for the promulgation of this emergency rule is fair under the circumstances. The Board of Medicine first raised the possibility of developing this rule at its April, 2019, board meeting. At that time the Board of Medicine instructed legal counsel to draft proposed language and asked staff to have it placed on the agenda for the June, 2019, meeting of the Joint Board of Medicine and Board of Osteopathic Medicine Surgical Care/Quality Assurance Committee (Joint Committee). The matter was noticed and placed on the agenda for the Joint Committee and the agenda was published approximately two weeks prior to the meeting. Interested parties such as the Florida Medical Association and the Florida Society of Plastic Surgeons were well aware of the situation and its representatives even submitted draft proposed rules to the Board’s legal counsel in advance of the Joint Committee meeting. “Brazilian Butt Lifts” have also been well covered by the media since as early as May, 2016. Extensive coverage has been provided by local and national media of instances where patients suffered injuries, both fatal and non-fatal, when undergoing gluteal fat grafts. It is safe to say that this issue has been on the public radar for some time as well of that of the medical profession. It is clear that persons and entities interested in this issue were well aware of the Board’s intention to address the standard of care for gluteal fat grafts at its June, 2019, meeting. They were put on notice through formal board action and through the extensive media coverage of the issue. The public was given ample opportunity to participate in the rulemaking process and did so at the properly noticed Joint Committee meeting. Given such, it is clear that the procedure employed by the board to promulgate this emergency rule was fully transparent and fair under the circumstances.