BILL NUMBER: AB 1116	AMENDED
	BILL TEXT

	AMENDED IN SENATE  SEPTEMBER 3, 2009
	AMENDED IN SENATE  AUGUST 19, 2009

INTRODUCED BY   Assembly Member Carter

                        FEBRUARY 27, 2009

   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 1116, as amended, 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, within  48 hours   30 days  prior
to  surgery   the procedure  , the patient
has received an appropriate physical examination by, and has received
written clearance for the procedure from, a licensed physician and
surgeon, a certified nurse practitioner, or a licensed physician
assistant, as specified, or, as applied to  an  elective
facial cosmetic surgery  procedure , a licensed dentist or
licensed physician and surgeon. The bill would require the physical
examination to include the taking of an appropriate medical history
 and to be confirmed on the da   y   of the
  procedure  . The bill would also provide that a
violation of these provisions would not constitute a crime.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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, within  48 hours prior to surgery
  30 days prior to the elective facial cosmetic surgery
procedure, and confirmed as up-to-date on the day of the procedure
 , an appropriate physical examination by, and written clearance
for the procedure from, either of the following:
   (1) A licensed physician and surgeon.
   (2) A person licensed pursuant to Section 1634 who holds a permit
to perform elective facial cosmetic surgery issued pursuant to this
article.
   (b) The physical examination described in subdivision (a) shall
include the taking of an appropriate medical history. 
   (c) An appropriate medical history and physical examination done
on the day of the procedure shall be presumed to be in compliance
with subdivisions (a) and (b).  
   (c) 
    (d)  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   an elective  cosmetic surgery procedure may not
be performed on a patient unless the patient has received, within
 48 hours prior to surgery   30 days prior to
the elective cosmetic surgery procedure, and confirmed as up-to-date
on the day of the procedure  , an appropriate 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 an appropriate medical history. 
   (c) An appropriate medical history and physical examination done
on the day of the procedure shall be presumed to be in compliance
with subdivisions (a) and (b).  
   (c) "Cosmetic 
    (d)     "Elective 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) 
    (e)  Section 2314 shall not apply to this section.