BILL ANALYSIS
SB 674
Page 1
Date of Hearing: August 19, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 674 (Negrete McLeod) - As Amended: August 17, 2009
Policy Committee: Business &
Professions Vote: 18-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill increases oversight of healing arts provider
advertising and outpatient clinics providing cosmetic surgery
and fertility services. Specifically, this bill:
1)Clarifies contents and formatting of advertising by healing
arts providers including the specification of professional
initials designating licensure such as "MD," "RN," and "DDS."
2)Requires the Medical Board of California (MBC) to adopt
regulations regarding requisite physician availability for
elective cosmetic procedures involving laser light devices.
3)Requires the MBC to post a fact sheet online to provide
educational support to patients, including a list of questions
for patients to ask physicians and surgeons.
4)Adds facilities offering in vitro fertilization to the
definition of outpatient setting and requires the MBC to adopt
in vitro outpatient clinic standards.
5)Authorizes the MBC to inspect accreditation agencies and
requires MBC to retain related records. Authorizes the MBC to
establish a citation system for accreditation agencies and to
collect related penalty revenue.
FISCAL EFFECT
Absorbable workload to the MBC to comply with the authorizations
and requirements established in this bill and to continue
oversight of medical professionals working in cosmetic and in
SB 674
Page 2
vitro clinics.
COMMENTS
1)Rationale . This bill increases oversight of advertising by
medical professionals and strengthens the regulation of
surgical clinics performing cosmetic surgery and in vitro
fertilization. According to the author, the significant
increase in the use of both outpatient cosmetic surgery and in
vitro fertilization services increases the need for more
stringent oversight of the medical procedures being conducted
in these settings. This bill increases consumer protections
and increases consumer awareness to protect individuals from
unscrupulous providers.
2)Cosmetic Surgery and Fertility Treatments . According to the
American Society of Plastic Surgeons (ASPS), cosmetic plastic
surgery procedures have increased 60% since 2000. In
California, cosmetic surgery can be performed by any licensed
physician, not just a plastic surgeon. The top five minimally
invasive procedures completed in 2008 were Botox, hyaluronic
acid fillers, chemical peel, laser hair removal, and
microdermabrasion.
Federal data shows about 2 % of women of reproductive age
nationally have had an infertility-related medical appointment
within the prior year and 8% have had an infertility-related
medical visit over a longer period of time. Services include
tests to diagnose infertility, medical advice and treatments
to help a woman become pregnant, and services other than
routine prenatal care to prevent miscarriage. Federal data
indicates more than 50,000 babies are born annually following
assisted reproductive technology.
Under current law, in vitro clinics may follow one of two
professional medical societies' clinical guidelines. According
to the author, fewer than 20% of these clinics comply with
these guidelines. This bill increases the uniformity of
oversight of these health care settings in California.
3)Recent Amendments clarify that laser light provisions are not
intended to modify the prohibition against the unlicensed
practice of medicine and correct a grammatical error.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081
SB 674
Page 3