BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                          SB 100 (Price)
          
          Hearing Date: 5/16/2011         Amended: 5/3/2011
          Consultant: Bob Franzoia        Policy Vote: B,P&ED 9-0
          _________________________________________________________________
          ____
          BILL SUMMARY: SB 100 would do the following:
          - Require the Medical Board of California (board) to adopt 
          regulations by January 1, 2013, regarding the appropriate level 
          of physician availability needed within clinics or other 
          settings using certain laser or intense pulse light devices.
          - Include in the definition of outpatient setting, facilities 
          that offer in vitro fertilization procedures, thereby requiring 
          the board to adopt regulations.
          - Require the board to obtain and maintain a list of all 
          accredited, certified, and licensed outpatient settings, and to 
          notify the public by placing information on its Internet Web 
          site, whether the setting is accredited or the setting's 
          accreditation has been revoked, suspended, or placed on 
          probation, or the setting has received a reprimand by the 
          accreditation agency.
          - Require, rather than authorize, the board to evaluate the 
          performance of an approved accreditation agency no less than 
          every three years, or in response to complaints.
          - Require, rather than authorize, the board to investigate all 
          complaints concerning a violation of licensing provisions for 
          outpatient settings and, with respect to any complaints, or upon 
          discovery that an outpatient setting is not in compliance, as 
          specified, bring an action to enjoin the outpatient setting's 
          operation.  Such an action may be brought by the local district 
          attorney.
          - Make other technical revisions.
          _________________________________________________________________
          ____
                            Fiscal Impact (in thousands)

           Major Provisions        2011-12      2012-13       2013-14     Fund
           Outpatient facility inspections   $298        $217      
          $217Special*

          * Medical Board of California Contingent Fund
          _________________________________________________________________
          ____








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          STAFF COMMENTS: This bill meets the criteria for referral to the 
          Suspense File.
          
          As noted by the policy committee, in California, cosmetic 
          surgery can be performed by any licensed physician; from a 
          plastic surgeon to a pediatrician.  Physicians, who may or may 
          not be trained in cosmetic procedures, are conducting procedures 
          in settings outside of hospitals such as outpatient surgery 
          centers and doctors' offices.  Currently, there are no uniform 
          standards for physician training related to cosmetic surgery, 
          and the regulation of outpatient settings in which these 
          surgeries occur need to be strengthened to ensure public safety.

          The board would incur inspection cost of $298,000 in the first 
          year and $217,000 annually thereafter.  Fines assessed to 
          facilities found out of compliance likely would be minor.