SECTIONS 1638-1638.7 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 1638-1638.7

1638. (a) For purposes of this article, "oral and maxillofacial
surgery" means the diagnosis and surgical and adjunctive treatment of
diseases, injuries, and defects which involve both functional and
esthetic aspects of the hard and soft tissues of the oral and
maxillofacial region.
(b) Any person licensed under the Medical Practice Act (Chapter 5
(commencing with Section 2000)) as a physician and surgeon who
possesses, or possessed, a license to practice dentistry in another
state, but is not licensed to practice dentistry under this chapter
may apply to the board on a form prescribed by the board for an oral
and maxillofacial surgery permit.
(c) The board may issue an oral and maxillofacial surgery permit
to an applicant who has furnished evidence satisfactory to the board
that he or she is currently certified or eligible for certification
in oral and maxillofacial surgery by a specialty board recognized by
the Commission on Accreditation of the American Dental Association
and holds a current license in good standing to practice medicine in
the state.
(d) An application shall be accompanied by an application fee of
one hundred fifty dollars ($150) and two classifiable sets of
fingerprints on forms provided by the board.

1638.1. (a) (1) A person licensed pursuant to Section 1634 who
wishes to perform elective facial cosmetic surgery shall first apply
for and receive a permit to perform elective facial cosmetic surgery
from the board.
(2) A permit issued pursuant to this section shall be valid for a
period of two years and must be renewed by the permitholder at the
time his or her license is renewed. Every six years, prior to renewal
of the permitholder's license and permit, the permitholder shall
submit evidence acceptable to the credentialing committee that he or
she has maintained continued competence to perform the procedures
authorized by the permit. The credentialing committee may limit a
permit consistent with paragraph (1) of subdivision (e) if it is not
satisfied that the permitholder has established continued competence.
(b) The board may adopt regulations for the issuance of the permit
that it deems necessary to protect the health, safety, and welfare
of the public.
(c) A licensee may obtain a permit to perform elective facial
cosmetic surgery by furnishing all of the following information on an
application form approved by the board:
(1) Proof of successful completion of an oral and maxillofacial
surgery residency program accredited by the Commission on Dental
Accreditation of the American Dental Association.
(2) Proof that the applicant has satisfied the criteria specified
in either subparagraph (A) or (B):
(A) (i) Is certified, or is a candidate for certification, by the
American Board of Oral and Maxillofacial Surgery.
(ii) Submits to the board a letter from the program director of
the accredited residency program, or from the director of a
postresidency fellowship program accredited by the Commission on
Dental Accreditation of the American Dental Association, stating that
the licensee has the education, training, and competence necessary
to perform the surgical procedures that the licensee has notified the
board he or she intends to perform.
(iii) Submits documentation to the board of at least 10 operative
reports from residency training or proctored procedures that are
representative of procedures that the licensee intends to perform
from both of the following categories:
(I) Cosmetic contouring of the osteocartilaginous facial
structure, which may include, but is not limited to, rhinoplasty and
otoplasty.
(II) Cosmetic soft tissue contouring or rejuvenation, which may
include, but is not limited to, facelift, blepharoplasty, facial skin
resurfacing, or lip augmentation.
(iv) Submits documentation to the board showing the surgical
privileges the applicant possesses at any licensed general acute care
hospital and any licensed outpatient surgical facility in this
state.
(B) (i) Has been granted privileges by the medical staff at a
licensed general acute care hospital to perform the surgical
procedures set forth in paragraph (A) at that hospital.
(ii) Submits to the board the documentation described in clause
(iii) of subparagraph (A).
(3) Proof that the applicant is on active status on the staff of a
general acute care hospital and maintains the necessary privileges
based on the bylaws of the hospital to maintain that status.
(d) The application shall be accompanied by an application fee of
five hundred dollars ($500) for an initial permit. The fee to renew a
permit shall be two hundred dollars ($200).
(e) (1) The board shall appoint a credentialing committee to
review the qualifications of each applicant for a permit. Upon
completion of the review of an applicant, the committee shall make a
recommendation to the board on whether to issue or not issue a permit
to the applicant. The permit may be unqualified, entitling the
permitholder to perform any facial cosmetic surgical procedure
authorized by this section, or it may contain limitations if the
credentialing committee is not satisfied that the applicant has the
training or competence to perform certain classes of procedures, or
if the applicant has not requested to be permitted for all procedures
authorized by this section.
(2) The credentialing committee shall be comprised of five
members, as follows:
(A) A physician and surgeon with a specialty in plastic and
reconstructive surgery who maintains active status on the staff of a
licensed general acute care hospital in this state.
(B) A physician and surgeon with a specialty in otolaryngology who
maintains active status on the staff of a licensed general acute
care hospital in this state.
(C) Three oral and maxillofacial surgeons licensed by the board
who are board certified by the American Board of Oral and
Maxillofacial Surgeons, and who maintain active status on the staff
of a licensed general acute care hospital in this state, at least one
of whom shall be licensed as a physician and surgeon in this state.
Two years after the effective date of this section, any oral and
maxillofacial surgeon appointed to the committee who is not licensed
as a physician and surgeon shall hold a permit pursuant to this
section.
(3) The board shall solicit from the following organizations input
and recommendations regarding members to be appointed to the
credentialing committee:
(A) The Medical Board of California.
(B) The California Dental Association.
(C) The California Association of Oral and Maxillofacial Surgeons.
(D) The California Medical Association.
(E) The California Society of Plastic Surgeons.
(F) Any other source that the board deems appropriate.
(4) The credentialing committee shall meet at a time and place
directed by the board to evaluate applicants for permits. A quorum of
three members shall be required for the committee to consider
applicants and make recommendations to the board.
(f) A licensee may not perform any elective, facial cosmetic
surgical procedure except at a general acute care hospital, a
licensed outpatient surgical facility, or an outpatient surgical
facility accredited by the Joint Commission on Accreditation of
Healthcare Organizations (JCAHO), the American Association for
Ambulatory Health Care (AAAHC), the Medicare program, or an
accreditation agency approved by the Medical Board of California
pursuant to subdivision (g) of Section 1248.1 of the Health and
Safety Code.
(g) For purposes of this section, the following terms shall have
the following meanings:
(1) "Elective cosmetic surgery" means any procedure defined as
cosmetic surgery in subdivision (d) of Section 1367.63 of the Health
and Safety Code, and excludes any procedure that constitutes
reconstructive surgery, as defined in subdivision (c) of Section
1367.63 of the Health and Safety Code.
(2) "Facial" means those regions of the human body described in
Section 1625 and in any regulations adopted pursuant to that section
by the board.
(h) A holder of a permit issued pursuant to this section shall not
perform elective facial cosmetic surgical procedures unless he or
she has malpractice insurance or other financial security protection
that would satisfy the requirements of Section 2216.2 and any
regulations adopted thereunder.
(i) A holder of a permit shall comply with the requirements of
subparagraph (D) of paragraph (2) of subdivision (a) of Section
1248.15 of the Health and Safety Code, and the reporting requirements
specified in Section 2240, with respect to any surgical procedure
authorized by this section, in the same manner as a physician and
surgeon.
(j) Any violation of this section constitutes unprofessional
conduct and is grounds for the revocation or suspension of the person'
s permit, license, or both, or the person may be reprimanded or
placed on probation. Proceedings initiated by the board under this
section shall be conducted in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code, and the board shall have all the powers granted
therein.
(k) On or before January 1, 2009, and every four years thereafter,
the board shall report to the Joint Committee on Boards, Commissions
and Consumer Protection on all of the following:
(1) The number of persons licensed pursuant to Section 1634 who
apply to receive a permit to perform elective facial cosmetic surgery
from the board pursuant to subdivision (a).
(2) The recommendations of the credentialing committee to the
board.
(3) The board's action on recommendations received by the
credentialing committee.
(4) The number of persons receiving a permit from the board to
perform elective facial cosmetic surgery.
(5) The number of complaints filed by or on behalf of patients who
have received elective facial cosmetic surgery by persons who have
received a permit from the board to perform elective facial cosmetic
surgery.
(6) Action taken by the board resulting from complaints filed by
or on behalf of patients who have received elective facial cosmetic
surgery by persons who have received a permit from the board to
perform elective facial cosmetic surgery.

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, within 30 days prior to the elective facial
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, either of the following:
(1) A licensed physician and surgeon.
(2) A person licensed pursuant to Section 1634 who holds a permit
to perform elective facial cosmetic surgery issued pursuant to this
article.
(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) A violation of this section shall not constitute a crime.

1638.3. (a) The fee to renew an oral and maxillofacial surgery
permit shall be the same as that for renewal of a dental license as
determined under Section 1724.
(b) Every provision of this chapter applicable to a person
licensed to practice dentistry shall apply to a person to whom a
special permit is issued under this article.

1638.5. An oral and maxillofacial surgery permit shall be
automatically suspended for any period of time during which the
holder does not possess a current valid license to practice medicine
in this state.

1638.7. The next occupational analysis of dental licensees and oral
and maxillofacial facial surgeons pursuant to Section 139 shall
include a survey of the training and practices of oral and
maxillofacial surgeons and, upon completion of that analysis, a
report shall be made to the Joint Committee on Boards, Commissions,
and Consumer Protection regarding the findings.