BILL NUMBER: AB 2968 ENROLLED BILL TEXT PASSED THE SENATE AUGUST 13, 2008 PASSED THE ASSEMBLY AUGUST 14, 2008 AMENDED IN SENATE AUGUST 5, 2008 AMENDED IN SENATE JUNE 30, 2008 AMENDED IN SENATE JUNE 16, 2008 AMENDED IN ASSEMBLY MAY 5, 2008 AMENDED IN ASSEMBLY APRIL 22, 2008 INTRODUCED BY Assembly Member Carter FEBRUARY 22, 2008 An act to add Sections 1638.2 and 2259.8 to the Business and Professions Code, relating to cosmetic surgery. LEGISLATIVE COUNSEL'S DIGEST AB 2968, Carter. Cosmetic surgery. Existing law, the Dental Practice Act, establishes the Dental Board of California in the Department of Consumer Affairs, which licenses dentists and regulates their practice, including dentists who hold a permit to perform oral and maxillofacial surgery. Existing law, the Medical Practice Act, establishes the Medical Board of California in the Department of Consumer Affairs, which licenses physicians and surgeons and regulates their practice. The Medical Practice Act requires specified disclosures to patients undergoing procedures involving collagen injections, and also requires the Medical Board of California to adopt extraction and postoperative care standards in regard to body liposuction procedures performed by a physician and surgeon outside of a general acute care hospital. Existing law makes a violation of these provisions a misdemeanor. This bill would enact the Donda West Law, which would prohibit the performance of an elective cosmetic surgery procedure on a patient unless, prior to surgery, the patient has received a physical examination by, and has received written clearance for the procedure from, the licensed physician and surgeon or dentist performing the cosmetic surgery or another licensed physician and surgeon, or a certified nurse practitioner or a licensed physician assistant, as specified. The bill would require the physical examination to include the taking of a complete medical history. The bill would also provide that a violation of these provisions would not constitute a crime. AB 2968, Carter. Cosmetic surgery. Existing law, the Dental Practice Act, establishes the Dental Board of California in the Department of Consumer Affairs, which licenses dentists and regulates their practice, including dentists who hold a permit to perform oral and maxillofacial surgery. Existing law, the Medical Practice Act, establishes the Medical Board of California in the Department of Consumer Affairs, which licenses physicians and surgeons and regulates their practice. The Medical Practice Act requires specified disclosures to patients undergoing procedures involving collagen injections, and also requires the Medical Board of California to adopt extraction and postoperative care standards in regard to body liposuction procedures performed by a physician and surgeon outside of a general acute care hospital. Existing law makes a violation of these provisions a misdemeanor. This bill would enact the Donda West Law, which would prohibit the performance of an elective cosmetic surgery procedure on a patient unless, prior to surgery, the patient has received a physical examination by, and has received written clearance for the procedure from, the licensed physician and surgeon or dentist performing the cosmetic surgery or another licensed physician and surgeon, or a certified nurse practitioner or a licensed physician assistant, as specified. The bill would require the physical examination to include the taking of a complete medical history. The bill would also provide that a violation of these provisions would not constitute a crime. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as the Donda West Law. SEC. 2. Section 1638.2 is added to the Business and Professions Code, to read: 1638.2. (a) Notwithstanding any other provision of law, a person licensed pursuant to Section 1634 who holds a permit to perform elective facial cosmetic surgery issued pursuant to this article may not perform elective facial cosmetic surgery on a patient, unless the patient has received a physical examination by, and written clearance for the procedure from, either of the following: (1) A licensed physician and surgeon. (2) The person licensed pursuant to Section 1634 who holds a permit to perform elective facial cosmetic surgery issued pursuant to this article and who will be performing the surgery. (b) The physical examination described in subdivision (a) shall include the taking of a complete medical history. (c) A violation of this section shall not constitute a crime. SEC. 3. Section 2259.8 is added to the Business and Professions Code, to read: 2259.8. (a) Notwithstanding any other provision of law, a cosmetic surgery procedure may not be performed on a patient unless, prior to surgery, the patient has received a physical examination by, and written clearance for the procedure from, any of the following: (1) The physician and surgeon who will be performing the surgery. (2) Another licensed physician and surgeon. (3) A certified nurse practitioner, in accordance with a certified nurse practitioner's scope of practice, unless limited by protocols or a delegation agreement. (4) A licensed physician assistant, in accordance with a licensed physician assistant's scope of practice, unless limited by protocols or a delegation agreement. (b) The physical examination described in subdivision (a) shall include the taking of a complete medical history. (c) "Cosmetic surgery" means an elective surgery that is performed to alter or reshape normal structures of the body in order to improve the patient's appearance, including, but not limited to, liposuction and elective facial cosmetic surgery. (d) Section 2314 shall not apply to this section. SECTION 1. This act shall be known and may be cited as the Donda West Law. SEC. 2. Section 1638.2 is added to the Business and Professions Code, to read: 1638.2. (a) Notwithstanding any other provision of law, a person licensed pursuant to Section 1634 who holds a permit to perform elective facial cosmetic surgery issued pursuant to this article may not perform elective facial cosmetic surgery on a patient, unless the patient has received a physical examination by, and written clearance for the procedure from, either of the following: (1) A licensed physician and surgeon. (2) The person licensed pursuant to Section 1634 who holds a permit to perform elective facial cosmetic surgery issued pursuant to this article and who will be performing the surgery. (b) The physical examination described in subdivision (a) shall include the taking of a complete medical history. (c) A violation of this section shall not constitute a crime. SEC. 3. Section 2259.8 is added to the Business and Professions Code, to read: 2259.8. (a) Notwithstanding any other provision of law, a cosmetic surgery procedure may not be performed on a patient unless, prior to surgery, the patient has received a physical examination by, and written clearance for the procedure from, any of the following: (1) The physician and surgeon who will be performing the surgery. (2) Another licensed physician and surgeon. (3) A certified nurse practitioner, in accordance with a certified nurse practitioner's scope of practice, unless limited by protocols or a delegation agreement. (4) A licensed physician assistant, in accordance with a licensed physician assistant's scope of practice, unless limited by protocols or a delegation agreement. (b) The physical examination described in subdivision (a) shall include the taking of a complete medical history. (c) "Cosmetic surgery" means an elective surgery that is performed to alter or reshape normal structures of the body in order to improve the patient's appearance, including, but not limited to, liposuction and elective facial cosmetic surgery. (d) Section 2314 shall not apply to this section.