Florida SB 1728: Out-of-state Fee Waiver for Nonresident Students

Bill Text

1728 
Licensure of Medical Spas 
2026-01-09T11:44:34Z 
Creating the “Medical Spa Prescription Drug Oversight Act”; requiring medical spas to be licensed under certain circumstances; requiring the Board of Pharmacy to maintain a public database of licensed medical spas; providing that submission of an application for licensure by a medical spa constitutes permission for inspections; authorizing the board to investigate certain violations and impose penalties, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 1728 

 By Senator Gruters 

 22-01039A-26 20261728__ 
 1 A bill to be entitled 
 2 An act relating to licensure of medical spas; creating 
 3 s. 381.9811, F.S.; providing a short title; providing 
 4 legislative findings and purpose; defining terms; 
 5 requiring medical spas to be licensed under certain 
 6 circumstances; providing for disciplinary action; 
 7 requiring the Board of Pharmacy to maintain a public 
 8 database of licensed medical spas; providing database 
 9 requirements; providing that a medical spa is a 
 10 dispenser for certain purposes; authorizing a medical 
 11 spa to acquire or receive prescription medication only 
 12 from certain parties; providing storage requirements 
 13 for prescription medications and certain devices; 
 14 requiring medical spas to have certain security 
 15 controls; requiring medical spas to designate a 
 16 responsible person; providing requirements for a 
 17 responsible person; providing that submission of an 
 18 application for licensure by a medical spa constitutes 
 19 permission for inspections; providing requirements for 
 20 inspections; requiring medical spas to notify the 
 21 board of any adverse incidents within a specified 
 22 timeframe; providing notice requirements; providing 
 23 that a violation of specified provisions constitutes 
 24 an unfair and deceptive trade practice; providing for 
 25 enforcement; authorizing the board to investigate 
 26 certain violations and impose penalties; requiring the 
 27 board to maintain a public record of disciplinary 
 28 actions against medical spas; requiring the board to 
 29 adopt rules within a specified timeframe; providing an 
 30 effective date. 
 31 
 32 Be It Enacted by the Legislature of the State of Florida: 
 33 
 34 Section 1. Section 381.9811, Florida Statutes, is created 
 35 to read: 
 36 381.9811 Licensure of medical spas.— 
 37 (1) SHORT TITLE.—This section may be cited as the “Medical 
 38 Spa Prescription Drug Oversight Act.” 
 39 (2) FINDINGS AND PURPOSE.— 
 40 (a) The Legislature finds that patients are increasingly 
 41 turning to medical spas for cosmetic and medical procedures. 
 42 Many of these medical spas prepare and administer prescription 
 43 medications intended to be sterile, either compounded or 
 44 commercially available formulations, with no regulatory 
 45 oversight by the Board of Pharmacy, which raises significant 
 46 patient safety concerns. 
 47 (b) The purpose of this section is to license a medical spa 
 48 that prepares, handles, stores, administers, dispenses, 
 49 distributes, or otherwise uses prescription medications at the 
 50 medical spa or in connection with providing services. 
 51 (3) DEFINITIONS.—As used in this section, the term: 
 52 (a) “Adverse event” means any untoward medical occurrence 
 53 associated with the use of a prescription medication, whether or 
 54 not the event itself is considered prescription medication 
 55 related. 
 56 (b) “Board” means the Board of Pharmacy. 
 57 (c) “Medical spa” means any facility or practice that 
 58 offers medical or health care services and that holds itself out 
 59 as a facility or practice focused on cosmetic or lifestyle 
 60 treatments, such as weight loss, wellness, longevity, or 
 61 cosmetic or aesthetic health care services, including, but not 
 62 limited to, the preparation, administration, or dispensing of 
 63 prescription drugs for weight loss; botulinum toxin injections; 
 64 hormone therapies; or parenteral nutrient therapies. The term 
 65 does not include a facility or practice that otherwise holds a 
 66 health care facility license from the state. 
 67 (d) “Person” means an individual, a corporation, a 
 68 government, a governmental subdivision or agency, a statutory 
 69 trust, a business trust, an estate, a trust, a partnership, or 
 70 an unincorporated association, or one or more of the foregoing 
 71 having a joint or common interest, or any other legal or 
 72 commercial entity. 
 73 (e) “Prescription medication” means any drug, including, 
 74 but not limited to, finished dosage forms or active ingredients 
 75 that are subject to, defined in, or described in s. 503(b) of 
 76 the Federal Food, Drug, and Cosmetic Act or in s. 465.003, s. 
 77 499.003(17), s. 499.007(13), or s. 499.82(10). The term includes 
 78 any biological product, except for blood and blood components 
 79 intended for transfusion or