BILL ANALYSIS
SB 1150
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1150 (Negrete McLeod) - As Introduced: February 18, 2010
Policy Committee: Business &
Professions Vote: 19-0
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 question
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)Requires outpatient settings to be accredited, requires
accreditation agencies to inspect outpatient settings, and
authorizes the MBC to inspect outpatient settings. Requires
accreditation inspections to be conducted at least once every
three years and inspections conducted by the MBC as often as
necessary.
FISCAL EFFECT
One-time fee-supported (professional fees) special fund costs of
SB 1150
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$200,000 and annual fee-supported special fund costs of $140,000
to the extent the MBC chooses to inspect outpatient settings.
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 . 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.
3)Fertility Treatment . 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 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.
4)Related Legislation . This bill is very similar to SB 674
(Negrete McLeod) in 2009. SB 674 was vetoed due to concerns
about reliance on external accreditation agencies. The
language in SB 1150 does not appear to modify the role of
external accreditation agencies.
SB 1150
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Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081