BILL ANALYSIS
AB 1116
Page 1
ASSEMBLY THIRD READING
AB 1116 (Carter)
As Introduced February 27, 2009
Majority vote
BUSINESS & PROFESSIONS 7-0 HEALTH 19-0
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|Ayes:|Hayashi, Eng, Hernandez, |Ayes:|Jones, Fletcher, Adams, |
| |Nava, | |Ammiano, Block, Carter, |
| |John A. Perez, Price, | |Conway, De La Torre, |
| |Ruskin | |De Leon, Emmerson, Gaines, |
| | | |Hall, Hayashi, Hernandez, |
| | | |Bonnie Lowenthal, Nava, V. |
| | | |Manuel Perez, Salas, |
| | | |Audra Strickland |
|-----+--------------------------+-----+---------------------------|
| | | | |
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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;
AB 1116
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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
order to improve the patient's appearance, including, but not
limited to, liposuction and elective facial cosmetic surgery.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS : 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 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.
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
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procedures. A long autopsy report noted that West had coronary
artery disease, including blockages of 50% to 70% 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
that, as with all surgical procedures, cosmetic surgery carries
with it certain risks-if performed poorly, it can be disfiguring
or life-threatening.
Analysis Prepared by : Ross Warren / B. & P. / (916) 319-3301
FN: 0000579