BILL ANALYSIS
AB 1116
Page 1
Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1116 (Carter) - As Introduced: February 27, 2009
SUBJECT : Cosmetic surgery.
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
for surgery, as specified. Specifically, this bill :
1)Prohibits a licensed dentist who holds a permit to perform
elective facial cosmetic surgery from performing elective
facial cosmetic surgery on a patient unless the patient has
received a physician examination that includes the complete
evaluation of medical history by, and written clearance for
the procedure from either of the following:
a) a licensed physician and surgeon; or
b) a licensed dentist who holds a permit to perform
elective facial cosmetic surgery.
2)Prohibits a physician and surgeon from performing a cosmetic
surgery procedure on a patient unless prior to surgery the
patient has received a physical examination that includes the
complete evaluation of medical history and written clearance
for the procedure from any of the following:
a) the physician and surgeon who will be performing the
surgery;
b) another licensed physician and surgeon;
c) a certified nurse practitioner; or
d) a licensed physician assistant.
3)Specifies that a violation of these provisions is not a
misdemeanor.
4)Defines cosmetic surgery as an elective surgery that is
performed to alter or reshape normal structures of the body in
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order to improve the patient's appearance, including, but not
limited to, liposuction and elective facial cosmetic surgery.
EXISTING LAW :
1)Establishes the Medical Board of California (MBC) under the
Department of Consumer Affairs, 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.
4)Requires a licensed dentist who wishes to perform elective
facial cosmetic surgery to apply and receive a permit to
perform elective facial cosmetic surgery from the Dental Board
of California. Specifies requirements for the performance of
elective facial cosmetic surgery. Establishes a credentialing
committee, with specified membership, to review the
qualifications of each applicant for a permit.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author's office, 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 measure 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. The Author's office states that this bill
comes from the author's constituent, Yolanda Anderson, the
winner of the Assemblymember's district-wide, "It Ought to Be a
Law" contest. Ms. Anderson is the niece of Donda West, who died
on November 10, 2007, due to complications that resulted from
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cosmetic surgery. According to the West family, a physical
examination was not performed prior to surgery. A January 10,
2008 Associated Press (AP) article, citing the Los Angeles
County Coroner's official report, stated that Ms. West died from
pre-existing coronary artery disease and multiple postoperative
factors following surgery.
Background . According to the author's office, this bill comes
from the winner of the Assembly Member's district wide "It Ought
to Be a Law" contest, submitted by Yolanda Anderson, niece of
Dr. Donda West, the late mother of rapper Kanye West. Dr. Donda
West died on November 10, 2007, due to complications that
resulted from cosmetic surgery. According to the West family, a
physical was not performed on her prior to her surgery.
A January 10, 2008 AP article stated, "According to the Los
Angeles County Coroner's official report, Donda West most likely
died of heart disease coupled with complications after plastic
surgery, but the exact cause of death can't be known. Donda
West, 58, died November 10th at a Los Angeles-area hospital, a
day after she had breast reduction, tummy tuck and liposuction
procedures. A long autopsy report noted that West had coronary
artery disease, including blockages of 50 percent to 70 percent
in two arteries. The 5-foot-2-inch, 188-pound woman also was
overweight and had developed several complications after
surgery, including bronchopneumonia in one lung, according to
the report.
"The investigation found 'therapeutic levels of medication' in
West's body but no unusually high levels and no internal
bleeding. Dr. Louis A. Pe?a, a deputy medical examiner, stated
in the report, "It is my opinion Ms. West died from some
pre-existing coronary artery disease and multiple postoperative
factors following surgery. A representative for Kanye West
declined to comment."
"Studies have shown serious complications from plastic surgery
are rare, with death occurring in 1 in 58,810 procedures."
According to a 2007 study by the American Society of Plastic
Surgeons, almost 12 million cosmetic plastic surgery procedures
were performed in 2007, a 7% increase from 2006 and a 59%
increase from 2000. The study also found that the top five
surgical procedures were breast augmentation, liposuction, nose
reshaping, eyelid surgery and tummy tuck. The study concludes
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that, as with all surgical procedures, cosmetic surgery carries
with it certain risks-if performed poorly, it can be disfiguring
or life-threatening.
Double referred . This bill is double referred to the Assembly
Health Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Ross Warren / B. & P. / (916) 319-3301