URGENT UPDATE (4-16-08) AB 2398 COSMETIC REGULATION
(Submitted by Norman C. Davis, Esq.)
The Business & Professions Committee of the State Assembly held a bill hearing on April 9, 2008 at which time the proposed AB 2398 (Amended April 1, 2008) was presented to the Committee. Unfortunately, following a brief discussion and only a few minor changes made, the bill was approved by the Committee.
An amended draft of the bill was drafted on 4-10-08 and was approved by the Assembly Judiciary Committee on April 15th. The bill will now go to the full Assembly where it must be approved prior to May 31, 2008 in order to be sent to the Senate or it will die. Refer to the current attached draft.
This legislation is sponsored by the American Society for Dermatologic Surgery, and if passed will have a monumental impact on physicians, nurses, NPs , PAs and management companies involved in the aesthetic field. Physicians who are involved in aesthetic practices on a part-time basis must be on-site, providing direct supervision of delegated procedures, and must personally provide good faith exams on all patients prior to delegation. RNs will not be allowed to perform any procedures without the physician on-site unless the treatment is performed in a physician owned office with certain restrictions.
Of great note included in this bill is the severe scrutiny of lay, corporate owned entities, or management companies, that manage “medspas”, which would deemed to be the “owners/operators” of the practice in violation of the “corporate practice of medicine prohibition.” Entities in violation would be subjected to extreme penalties and even prison time. Physicians supervising aesthetic practices conducted in these entities would also risk penalties and loss of licenses.
Due to the nature of the enforcement of this legislation the Medical Board must opine on its position regarding passage. An important Board Meeting of the Medical Board will be held on April 25, 2008 from 9:00am to 1:00pm to review this amended bill. This meeting is open to the public and opposition will be heard; the location will be the Convention Center 1400 J. Street, Sacramento. Attendance at this meeting and opposition voiced by those concerned is vital, especially nurses and physicians who realize the real patient safety issues involved.
Companies and individuals involved in aesthetic practice operation and/or management must assume an immediate and aggressive opposition to this bill; the consequences of passage, even with significant modification would be disastrous. Letters of opposition, especially sent from your physician and nurses on office letterhead, should be faxed and mailed immediately to the below contacts:
Assembly B &P Committee
P.O Box 942849
Sacramento, CA 9429-0049
Karen Bass, Majority Leader (916) 319-2147
Mike Eng, Chair (916) 319-2149
Ross Warren, Consultant (916) 319-2149
Alan Nakanishi (916) 319-2110
David Jones (916) 319-2188
2005 Evergreen St. (1200)
Sacramento, CA 95815
Chief of Legislation Linda Whitney (916) 263-2387
You can follow the status of this bill on the legislative website (www.leginfo.ca.gov)
This is an extremely time sensitive matter and your personal involvement is important.
Norman C. Davis, Esq.
2677 North Main Street
Santa Ana, California 92705-6632