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.