The Daily Swarm

Rap Radar:

California Gov. Arnold Schwarzenegger passed The Donda West Bill into law. According to the Examiner, the law requires health checks before a patient undergoes any form of plastic surgery. In 2007, Kanye’s mom died after cosmetic related complications.

The Law:

BILL NUMBER:
AB 1116 INTRODUCED
BILL TEXT

INTRODUCED BY Assembly Member Carter
An act to add Sections 1638.2 and 2259.8 to the Business and
Professions Code, relating to cosmetic surgery.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

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 a physical examination by, and written
clearance for the procedure from, either of the following:
(1) A licensed physician and surgeon.
(2) The person licensed pursuant to Section 1634 who holds a
permit to perform elective facial cosmetic surgery issued pursuant to
this article and who will be performing the surgery.
(b) The physical examination described in subdivision (a) shall
include the taking of a complete medical history.
(c) 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, a
cosmetic surgery procedure may not be performed on a patient unless,
prior to surgery, the patient has received a 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 a complete medical history.
(c) “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.
(d) Section 2314 shall not apply to this section.