Governor Arnold Schwarzengger has unexpectedly vetoed Assembly Bill 2968, the Donda West Law, which had easily passed the California Legislature roughly six weeks ago. The governor cited the state budget crisis and the limited ability to attend to other matters as the reasons for the veto, which was one of 131 bills vetoed on the same day (along with 64 signatures).
In light of the veto, California physicians (and dentists) are not required by law to obtain physical examinations of patients and clearance prior to performing cosmetic procedures. Nonetheless, such exams are asserted by the Medical Board of California to be standard of care (whether performed by the operating physician, nurse practitioner, or physician assistant, or, alternatively, by a primary care doctor).
Recommended Action: Irrespective of the veto, physicians (and dentists) should ensure that the documentation of a physical exam, including a complete medical history, is part of every patient chart prior to performing any cosmetic procedure. Although the passage of the law would have increased the potential penalty, in the absence of a new law, the Medical Board of California will nonetheless continue to initiate disciplinary actions routinely for violation of this standard.
Harry Nelson is a partner in Fenton & Nelson, LLP. Harry conducts audits and training programs for plastic surgeons and cosmetic healthcare providers to ensure effective risk management and compliance in medical practice. For additional information, please contact him at harry@fentonnelson.com
©Harry Nelson 2008
California Healthcare Law 