Thanks for visiting! Welcome to a new way to research case law. You are viewing a free summary from Descrybe.ai. For citation and good law / bad law checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.
SERGIO ALVAREZ, M.D. v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF MEDICINE
Citation: Not availableDocket: 22-1050
Court: District Court of Appeal of Florida; August 10, 2022; Florida; State Appellate Court
Original Court Document: View Document
Petitioners, comprising seven Board Certified plastic surgeons and the non-profit corporation Surgeons for Safety, Inc., challenge the Florida Department of Health, Board of Medicine's Emergency Rule 64B8ER22, enacted on June 14, 2022. This rule, effective for ninety days, restricts gluteal fat grafting procedures to three per day and mandates the use of ultrasound guidance during the procedure. Gluteal fat grafting, commonly known for procedures like the "Brazilian Butt Lift," has been associated with a higher mortality rate compared to other aesthetic surgeries, with ten verified deaths reported in the three years preceding the rule's adoption. The rule aims to address these fatalities, which have been linked to accidental fat injection below the superficial gluteal fascia. The Board of Medicine based the rule on recommendations from national medical organizations specializing in cosmetic surgery, advocating the use of ultrasound to minimize risks, and limiting daily procedures to reduce surgeon fatigue, as each procedure and its preparation take substantial time. Petitioners question the sufficiency of the mortality rate to justify the emergency rule, particularly due to the lack of data on the total number of gluteal fat grafting procedures performed. However, the court found it inappropriate to second-guess the Board's assessment of acceptable mortality in elective surgeries. The court concluded that the rule's requirements are plausible and rational, thus denying the petition challenging its validity.