Bill Text: AZ SB1439 | 2020 | Fifty-fourth Legislature 2nd Regular | Engrossed

Bill Title: Breast implant surgery; informed consent

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Engrossed) 2020-05-21 - House HHS Committee action: Do Pass, voting: (8-0-0-1-0-0) [SB1439 Detail]

Download: Arizona-2020-SB1439-Engrossed.html




Senate Engrossed





State of Arizona


Fifty-fourth Legislature

Second Regular Session










Amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32‑3228; relating to health care professionals.





Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3228, to read:

START_STATUTE32-3228.  Informed consent; breast implant surgery; requirements; unprofessional conduct; work group; definition

A.  Beginning January 1, 2021, before performing breast implant surgery, a physician who is licensed pursuant to chapter 13 or 17 of this title must provide the patient with the following information, in writing or in an electronic format, based on the information that is then generally available to physicians who perform breast implant surgery:

1.  A description of the risks of breast implants and a description of the surgical procedures used in breast implant surgery.

2.  Manufacturer patient information materials, in a hard copy or electronic format, on the implants that are to be used in the surgery, including warning requirements prescribed by the United States food and drug administration.  

3.  An informed consent checklist for physicians to discuss with the patient before breast implant surgery that must include, at a minimum, information on:

(a)  Breast implant-associated anaplastic large cell lymphoma.

(b)  Breast implant illness.

(c)  The national breast implant registry.

4.  Information on how a patient can report adverse events associated with breast implants through the United States food and drug administration's medwatch program or any similar program.

B.  A physician must provide the information required by subsection A of this section and obtain written informed consent for the procedure from the patient before performing the breast implant surgery.

C.  A physician who knowingly violates this section commits an act of unprofessional conduct and is subject to disciplinary action, including license suspension or revocation pursuant to chapter 13 or 17 of this title.

D.  On or before December 1, 2020, the Arizona medical board and the Arizona board of osteopathic examiners in medicine and surgery shall convene a work group that includes licensee representatives and patient advocates to jointly develop an informed consent checklist for physicians to discuss with patients before breast implant surgery.  The informed consent checklist shall include the information prescribed in subsection A of this section and any other information the boards and the work group decide is necessary.  The work group shall review the check list and provide updates as necessary.

E.  For the purposes of this section, "breast implant surgery" means the surgical placement of a cosmetic breast implant.END_STATUTE