Today's Law As Amended


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AB-1116 Cosmetic surgery.(2009-2010)



As Amends the Law Today


SECTION 1.
 This act shall be known and may be cited as the Donda West Law.

SEC. 2.

 Section 1638.2 is added to the Business and Professions Code, to read:

1638.2.
 (a) Notwithstanding any other provision of law, a person licensed pursuant to Section 1634 who holds a permit to perform elective facial cosmetic surgery issued pursuant to this article may not perform elective facial cosmetic surgery on a patient, unless the patient has received, within 30 days prior to the elective facial cosmetic surgery procedure, and confirmed as up-to-date on the day of the procedure, an appropriate physical examination by, and written clearance for the procedure from, either of the following:
(1) A licensed physician and surgeon.
(2) A person licensed pursuant to Section 1634 who holds a permit to perform elective facial cosmetic surgery issued pursuant to this article.
(b) The physical examination described in subdivision (a) shall include the taking of an appropriate medical history.
(c) An appropriate medical history and physical examination done on the day of the procedure shall be presumed to be in compliance with subdivisions (a) and (b).
(d) A violation of this section shall not constitute a crime.

SEC. 3.

 Section 2259.8 is added to the Business and Professions Code, to read:

2259.8.
 (a) Notwithstanding any other provision of law, an elective cosmetic surgery procedure may not be performed on a patient unless the patient has received, within 30 days prior to the elective cosmetic surgery procedure, and confirmed as up-to-date on the day of the procedure, an appropriate physical examination by, and written clearance for the procedure from, any of the following:
(1) The physician and surgeon who will be performing the surgery.
(2) Another licensed physician and surgeon.
(3) A certified nurse practitioner, in accordance with a certified nurse practitioner’s scope of practice, unless limited by protocols or a delegation agreement.
(4) A licensed physician assistant, in accordance with a licensed physician assistant’s scope of practice, unless limited by protocols or a delegation agreement.
(b) The physical examination described in subdivision (a) shall include the taking of an appropriate medical history.
(c) An appropriate medical history and physical examination done on the day of the procedure shall be presumed to be in compliance with subdivisions (a) and (b).
(d) “Elective cosmetic surgery” means 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.
(e) Section 2314 shall not apply to this section.