California State Bill 1423 Held Back

The proposed bill that would have made constant supervision by a physician necessary for any type of medical spa treatment has been held back momentarily because of an extremely negative reaction from vast amounts of California physicians and medical spa personnel.

Democrat Sen. Liz Figueroa struck the entire body of Senate Bill 1423 that would have required physicians be in the office for all laser and cosmetic medical procedures. Another related bill, also introduced by Figueroa, would have made it a misdemeanor for anyone but a physician, nurse or a physician's assistant to use laser devices. Figueroa argument is that a lack of regulations in California's medical spa industry raises serious safety concerns.

The revised bill mandates a complete review of the issues of 'elective cosmetic medical procedures' by the Medical Board and Board of Nursing to be completed and reported to the Legislature by January 1, 2008.

Amendments to SB 1423 (Figueroa)
May 26, 2006 version

1. Delete current contents of the bill.
2. Require the Medical Board of California, in conjunction with the Board of Registered Nursing, to evaluate issues surrounding the use of laser or intense light pulse device for elective cosmetic procedures by health care practitioners. The evaluation and study include by not be limited to:

1. The appropriate level of physician supervision needed.
2. The appropriate level of training to ensure competency.
3. Guidelines for standardized procedures and protocols that shall address at a minimum:
(1) patient selection;
(2) patient education, instruction and informed consent;
(3) use of topical agents;
(4) procedures to be followed in the event of foreseeable complications or side effects from the treatment,
(5) procedures governing emergency and urgent care situations.
4. Who should be able to purchase and own laser equipment
3. To the extent that the Boards have the authority to promulgate regulations to implement changes pursuant to their findings and recommendations, they should be required to do so.
4. Require a report to the Legislature by January 1, 2008.