Bill Text: NJ A1805 | 2016-2017 | Regular Session | Introduced


Bill Title: Limits settings where certain surgeries may be performed.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Health and Senior Services Committee [A1805 Detail]

Download: New_Jersey-2016-A1805-Introduced.html

ASSEMBLY, No. 1805

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 


 

Sponsored by:

Assemblyman  HERB CONAWAY, JR.

District 7 (Burlington)

Assemblywoman  CLEOPATRA G. TUCKER

District 28 (Essex)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and 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 where certain cosmetic surgical procedures may be performed in New Jersey.

     The bill provides that a physician is to perform any of these 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.  These procedures include:  a liposuction procedure that involves the removal of more than 500 cubic centimeters of fat; a procedure that utilizes a breast prosthesis; and an aesthetic truncal contouring procedure that involves the non-lesional excision of skin. 

     The Director of the Division of Consumer Affairs in the Department of Law and Public Safety, pursuant to the "Administrative Procedure Act" and in consultation with the State Board of Medical Examiners (BME), is to adopt rules and regulations necessary to implement the provisions of the bill.

     The bill takes effect on the first day of the fourth month next following the date of enactment, but authorizes the Director of the Division of Consumer Affairs and the BME to take prior administrative action as necessary for its implementation.         

     The provisions of the bill are not to be construed to apply to a licensed dentist or dually licensed oral and maxillofacial surgeon practicing in this State.

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