BILL ANALYSIS
AB 2968
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2968 (Carter)
As Amended August 5, 2008
Majority vote
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|ASSEMBLY: |70-1 |(May 19, 2008) |SENATE: |37-1 |(August 13, |
| | | | | |2008) |
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Original Committee Reference: B. & P.
SUMMARY : Enacts the Donda West Law, which would prohibit
elective cosmetic surgery on a patient unless, prior to surgery,
the patient has received a physical examination and clearance,
as specified.
The Senate amendments :
1)Permit a certified nurse practitioner and licensed physician
assistant to perform a physical examination and give clearance
for cosmetic surgery, in accordance with their specified scope
of practice, unless stated otherwise in standardized
procedures and limited by protocols or a delegation agreement,
as specified.
2)Make various technical and clarifying amendments.
EXISTING LAW :
1)Establishes the Medical Board of California (MBC) under the
Department of Consumer Affairs (DCA), which licenses
physicians and surgeons and regulates their practice.
2)Requires specified disclosures to patients undergoing
procedures involving collagen injections, defined as any
substance derived from, or combined with, animal protein.
3)Requires MBC 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, and makes a violation of these provisions a
misdemeanor.
AB 2968
Page 2
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version passed by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, this bill will better
protect individuals who are not physically fit from unnecessary
bodily trauma that could result from elective cosmetic surgery.
The author states that this bill is not directed at the many
good plastic surgeons who require their patients to have a
medical clearance before elective cosmetic surgery. The author
believes that explicitly requiring in law a physical examination
prior to surgery will reduce the risk of complications,
including death, during or after cosmetic surgical procedures.
Analysis Prepared by : Josefina Ramirez / B. & P. / (916)
319-3301
FN: 0006726