SENATE, No. 362

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 


 

Sponsored by:

Senator  RICHARD J. CODEY

District 27 (Essex and Morris)

Senator  JOSEPH F. VITALE

District 19 (Middlesex)

 

 

 

 

SYNOPSIS

     Limits settings where certain surgeries may be performed.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act concerning certain surgical procedures and supplementing Title 45 of the Revised Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  A physician shall perform any of the following procedures only in an office or facility that is accredited by the American Association for Accreditation of Ambulatory Surgery Facilities, the Accreditation Association for Ambulatory Health Care, or The Joint Commission:

     (1)   a liposuction procedure that involves the removal of more than 500 cubic centimeters of fat;

     (2)   a procedure that utilizes a breast prosthesis; or

     (3)   an aesthetic truncal contouring procedure that involves the non-lesional excision of skin.

     b.    A physician who violates the provisions of subsection a. of this section shall be subject to disciplinary action and civil penalties pursuant to sections 8, 9, and 12 of P.L.1978, c.73 (C.45:1-21, 45:1-22, and 45:1-25).

 

     2.    The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) and in consultation with the State Board of Medical Examiners, shall adopt rules and regulations necessary to implement the provisions of this act.

 

     3.    This act shall take effect on the first day of the fourth month next following the date of enactment, but the Director of the Division of Consumer Affairs and the State Board of Medical Examiners may each take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.

 

 

STATEMENT

 

     This bill limits the facilities in which certain cosmetic surgical procedures may be performed in New Jersey.

     Specifically, liposuction that involves the removal of more than 500 cubic centimeters of fat, procedures that utilize breast prostheses, and aesthetic truncal contouring procedures that involve the non-lesional excision of skin are to be preformed only in an office or facility that is accredited by the American Association for Accreditation of Ambulatory Surgery Facilities, the Accreditation Association for Ambulatory Health Care, or The Joint Commission.  A violation of this requirement is punishable by certain sanctions, monetary penalties, and other disciplinary actions authorized by law.

     The bill is predicated upon the fact that an increasing number of invasive cosmetic surgical procedures are being performed in medical offices and outpatient surgical facilities that are not adequately equipped for this purpose, by physicians with inadequate surgical training, and utilizing inappropriate anesthesia.  The purpose of this bill is to ensure that these procedures are performed in an appropriate setting that is conducive to safe, high-quality patient care.  The accreditation provided by the American Association for Accreditation of Ambulatory Surgery Facilities, the Accreditation Association for Ambulatory Health Care, and The Joint Commission certifies that the accredited entity meets nationally recognized standards for patient safety and quality care, including standards that apply to the environment, policy, and procedures for the operating and recovery rooms, general safety, medical records, quality assessment and improvement, personnel, and anesthesia.