§ 2259.8. — 2259.8. (Added by Stats. 2009, Ch. 509, Sec. 3.)

(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.

Legislative History

Added by Stats. 2009, Ch. 509, Sec. 3. (AB 1116) Effective January 1, 2010.