BILL ANALYSIS
AB 583
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Date of Hearing: March 31, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 583 (Hayashi) - As Introduced: February 25, 2009
SUBJECT : Health care practitioners: disclosure of education
and office hours.
SUMMARY : Requires health care practitioners to display their
educational degree, license type and status, and board
certification on either their nametag or in their offices, as
specified. Requires supervising physicians and surgeons to post
their hours in each office. Specifically, this bill :
1)Adds additional disclosure requirements for health care
practitioners to disclose their license type and highest level
of academic degree on their nametag, in their office, or in
writing to their patients, as specified.
2)Exempts nurses from the requirement to display their highest
level of academic degree.
3)Requires physicians and surgeons, including osteopathic
physicians, who are certified by:
a) an American Board of Medical Specialties member board;
b) a board or association with equivalent requirements
approved by that person's medical licensing authority; or,
c) a board or association with an Accreditation Council
for Graduate Medical Education approved postgraduate
training program that provides complete training in that
specialty or subspecialty,
to disclose the name of the certifying board or association:
a) On a name tag in at least 18-point type;
b) In writing to a patient at the patient's initial office
visit; or,
c) In a prominent display in his or her office.
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4)Requires a physician and surgeon who supervises an office in
addition to his or her primary practice location to
conspicuously post in each of those offices a schedule of the
regular hours when he or she is present in the respective
office, and the hours during which each office is open and he
or she is not present.
EXISTING LAW
1)Makes it unlawful for health care licensees to disseminate or
cause to be disseminated any form of public communication, as
defined, containing false, fraudulent, misleading, deceptive
statements, or images, as specified, to induce the provision
of services or the rendering of a product relating to a
professional practice or business for which he or she is
licensed, and provides that any person so licensed who
violates this provision is guilty of a misdemeanor and that
such a violation shall constitute good cause for revocation or
suspension of his or her license or other disciplinary action
including an administrative fine not to exceed $10,000.
2)Authorizes advertising by health care licensees if it includes
certain general information regarding the practitioner and
requires certain disclosures to be made regarding dentists,
physicians and surgeons, podiatrists and optometrists
regarding the advertising of their education, accreditation,
certification or specialty.
3)Specifies requirements for the recognition and advertising, or
claims or statements made by dentists, physicians and
surgeons, podiatrists and optometrists regarding board
certification, or recognition by an accrediting organization,
multidisciplinary board or association.
4)Requires a health care practitioner to disclose, while
working, his or her name and license status on a name tag in
at least 18-point type, but provides that if a health care
practitioner is in a practice or office where their license is
prominently displayed, they may opt to not wear a name tag.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal.
COMMENTS :
Purpose of this bill . According to the author's office, "The
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number of cosmetic procedures performed in the United States is
increasing at a rapid rate and consumers are presented with
advertisements for medical procedures intended make them look
and feel better fast. These medical procedures are becoming
increasingly available in medi-spas and other out patient
facilities located in shopping malls, office buildings and
retail stores across the country. In California, cosmetic
surgery can be performed by any licensed physician, from a
plastic surgeon to a pediatrician. Many physicians, who may or
may not be trained in cosmetic procedures, are conducting
increasingly complex procedures in settings outside of hospitals
such as outpatient surgery centers and doctors' offices, or are
delegating procedures to other personnel.
"AB 583 will provide consumers of cosmetic procedures an
opportunity to make informed choices about the qualifications of
their healthcare practitioner prior to electing to receive
cosmetic medical procedures."
Background . The American Society of Plastic Surgeon's (ASPS)
website states that the 12 million cosmetic surgeries performed
in 2007 represents a 7% increase from 2006, and a 59% increase
from 2000. According to ASPS, the top five surgical procedures
were breast augmentation (348,000, up 6%), liposuction (302,000,
unchanged), nose reshaping (285,000, down 7%), eyelid surgery
(241,000, up 3%), and tummy tuck (148,000, up 1%). Moreover,
ASPS points out that minimally-invasive cosmetic procedures rose
by 9%, to nearly 10 million procedures in 2007. Hyaluronic acid
fillers, popularly known as Restylane, Hylaform, Hylaform Plus,
and Juvederm, jumped from fifth most popular in 2006 to second
most popular in 2007. The top five minimally-invasive
procedures were Botox (4.6 million, up 13% from 2006),
hyaluronic acid fillers (1.1 million, up 35%), chemical peel (1
million, down 4%), laser hair removal (906,000, up 2%) and
microdermabrasion (897,000, up 10%).
In California, cosmetic surgery can be performed by any licensed
physician, from a plastic surgeon to a pediatrician. Many
physicians, who may or may not be specially trained in cosmetic
procedures, are conducting increasingly complex procedures in
settings outside of hospitals.
Previous legislation .
SB 1454 (Ridley-Thomas) of 2008, required any advertising by a
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chiropractor, dentist, physician and surgeon, nurse, vocational
nurse, psychologist, optometrist or physician assistant include
the type of degree received upon graduation from professional
training, among other things. This bill was held on the
Assembly Floor.
AB 2734 (Krekorian) of 2008 required medical advertisements to
include a name and a valid license number from the appropriate
licensing agency. This bill was held on the Assembly Floor.
Support . The California Society of Plastic Surgeons writes,
"Oftentimes patients consult with the CSPS [California Society
of Plastic Surgeons] after receiving what the patient believes
is a poor outcome. When patients learn that they were treated
by a non-physician or a physician not board certified in plastic
surgery they are surprised. Patients are confused with the
numerous varieties of health care practitioners currently
performing medical procedures.
"AB 583 is intended to help patients better understand the
credentials of their health care practitioner prior to receiving
treatment. Giving patients this important information will
allow them to make safer, more educated decisions."
REGISTERED SUPPORT / OPPOSITION :
Support
California Medical Association (co-sponsor)
California Society of Plastic Surgeons (co-sponsor)
California Psychiatric Association
Opposition
None on file.
Analysis Prepared by : Ross Warren / B. & P. / (916) 319-3301