Redundant Cosmetic Surgery Bill Vetoed By Schwarzenegger
A new law requiring California cosmetic surgery prospects to undergo a physical examination, give a complete medical history, and get a doctor's clearance before undergoing plastic surgery has been vetoed by Governor Schwarzenegger.
The bill would have required every prospective cosmetic surgery patient to undergo a complete history and physical examination and obtain a "doctor's clearance" before undergoing surgery.
Los Angeles plastic surgeon Dr. John Gross said that as a rule, he sends any patient over the age of 40 to see their own internist as a matter of routine health before surgery. Although he doesn’t ever want to create unnecessary expense, most patients do benefit from seeing their primary care physician before major surgery.
About ten years ago, a patient came to Dr. Gross for a face lift. When she admitted that she couldn’t remember the last time she saw her internist, he sent her off to do just that. The internist discovered hyperthyroidism, which turned out to be thyroid cancer. A year later she came back and told him that the face lift actually saved her life.
Dr. Jacob Haiavy of Rancho Cucamonga thinks that "everyone forgets that once a person becomes a physician they are eternally responsible for their patients' health, no matter what they practice. It's unfortunate that there is a need for a law to make surgeons do what is the standard of care."
San Francisco plastic surgeon Dr. Sirish Maddali says that “well-trained and respectable plastic surgeons normally do a complete medical history and physical examination on all patients scheduled for a cosmetic surgery procedure. Furthermore, a plastic surgeon is a doctor and can provide doctor's clearance themselves!”
Dr. Maddali explains further that “some patients who are older or who have active medical problems do in fact need a more thorough work-up. In those situations, most plastic surgeons would refer the patient to an Internal Medicine physician for a ‘medical clearance’ prior to surgery. This bill would make it redundant for most physicians and an uncomfortably lengthy procedure for most patients who are healthy.”
Schwarzenegger blamed the state's delay in approving a budget as his reason for veto, and that "given the delay, I am only signing bills that are the highest priority for California."
The cosmetic surgery bill was put forward by Assemblywoman Wilmer Amina Carter (D-Rialto) and approved by the California legislature with near-unanimous support. The bill was named the "Donda West Law" after singer Kanye West's mother, who died following plastic surgery last November. The surgeon who operated on West has been sued for malpractice several times.
Los Angeles plastic surgeon Dr. Robin T.W. Yuan says that "legislating medical care is too overbearing and costly in the usual case. Efforts should be made to steer patients to responsible, experienced, and caring surgeons by emphasizing training and credentials rather than adding more laws that are not necessarily risk-reducing, potentially criminalizing medical judgment, and easily circumvented by the less-responsible surgeons that they are designed to affect."
Santa Barbara plastic surgeon Douglas Mackenzie, MD commented that "more regulations would not have helped Donda West. If that surgeon didn't follow basic patient evaluation and work-up practices then, why would he with some other new package of laws on the books?"
Eva Sheie for Real Beauty News
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7 Oct 2008
The law makers would spend their time much more wisely regulating who can and who cannot practice aesthetic surgery. There are far too many people doing cosmetic surgery who do not have any formal Board Certified training specifically in plastic surgery. Many plastic surgeons are "Double Board Certified" in Surgery and in Plastic Surgery and have had as much or more than 8 years of surgery training after medical school. These are REAL doctors who don't need an internist to tell if their patient is healthy. Donda West's doctor was NOT a Board Certified plastic surgeon and it is these kind of doctors who, in my opinion, should not be allowed to practice aesthetic surgery. The safety of the public would be better served in this way!