Bill Text: NJ A3838 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires Board of Medical Examiners to promulgate regulations regarding botulinum toxin injections for minors.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-06-23 - Received in the Senate, Referred to Senate Health, Human Services and Senior Citizens Committee [A3838 Detail]
Download: New_Jersey-2010-A3838-Introduced.html
Sponsored by:
Assemblywoman CLEOPATRA G. TUCKER
District 28 (Essex)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
SYNOPSIS
Requires Board of Medical Examiners to promulgate regulations regarding botulinum toxin injections for minors.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning cosmetic use of botulinum toxin injections and supplementing chapter 9 of Title 45 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that:
a. Botulinum toxins have been approved by the United States Food and Drug Administration (FDA) to temporarily smooth frown lines between the eyebrows in adults up to 65 years of age. Botulinum toxin is a lethal, naturally occurring protein that is also used clinically, in small quantities, to treat strabismus and facial spasms, as well as other neurological disorders characterized by abnormal muscle contraction;
b. According to the American Society for Aesthetic Plastic Surgery (ASAPS), botulinum toxin injections, including botulinum toxins sold under the brand names Botox and Dysport, are frequently used as an alternative to surgical cosmetic procedures; botulinum toxin is the leading non-surgical cosmetic facial injectable being used in the United States;
c. Although botulinum toxin is not approved by the FDA for the treatment of facial lines in persons 18 years of age or younger, in the United States, botulinum toxin injection is one of the top five cosmetic procedures performed on teens; in 2009, ASAPS reported that approximately 12,110 botulinum toxin injections were administered to patients 18 years of age or younger, representing a 47.8% increase in teen botulinum toxin use from 2008, when approximately 8,194 botulinum toxin injections were performed;
d. According to ASAPS, it is unclear how many of the 12,100 botulinum toxin injections administered to teens were for legitimate medical reasons;
e. Botulinum toxin can cause botulism, which can result in facial nerve paralysis, loss of strength and muscle weakness all over the body, loss of bladder control, trouble breathing and swallowing, blurred or double vision, and seizures; and
f. While the use of botulinum toxin by persons 18 years of age or younger for FDA-approved medical purposes may be appropriate in certain cases, teen use of botulinum toxin for cosmetic purposes poses unnecessary medical risks as the use of botulinum toxin does not prevent the natural aging process. Moreover, the long-term impact of repeated injections of botulinum toxin over a person's lifetime is unknown. Safeguards must be implemented to protect the safety and well-being of teens who otherwise do not medically require botulinum toxin injections.
2. The State Board of Medical Examiners, in consultation with the Commissioner of Health and Senior Services, shall adopt regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which restrict the cosmetic use of botulinum toxin on persons 18 years of age or younger. The regulations shall include, but not be limited to, a requirement that a physician document in the patient's medical record the medical necessity of administering botulinum toxin to a patient who is 18 years of age or younger.
3. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill requires the State Board of Medical Examiners, in consultation with the Commissioner of Health and Senior Services, to promulgate regulations which restrict the administration of botulinum toxin to persons 18 years of age or younger for cosmetic purposes, except in cases where use of botulinum toxin injection is deemed, by the physician, to be medically necessary. The regulations shall include, but not be limited to, requiring a physician to document in the patient's medical record the medical necessity of administering botulinum toxin to a patient who is 18 years of age or younger.
According to the American Society for Aesthetic Plastic Surgery (ASAPS), botulinum toxin injections, including botulinum toxins sold under the brand names Botox and Dysport, are frequently used as an alternative to surgical cosmetic procedures. Botulinum toxin is the leading non-surgical cosmetic facial injectable being used in the United States, with botulinum toxin injection being one of the top five non-surgical cosmetic procedures performed on patients 18 years of age or younger. In 2009, ASAPS reported that approximately 12,110 botulinum toxin injections were administered to teens, representing a 47.8% increase in teen botulinum toxin use from 2008, when approximately 8,194 botulinum toxin injections were performed.
Injection with botulinum toxin is designed to smooth facial lines that occur with advancing age; however, botulinum toxin is a lethal protein that can cause botulism, a life-threatening condition. As teens are far less likely to benefit from having this cosmetic procedure performed, the unnecessary medical risks associated with the use of botulinum toxin by teens for cosmetic purposes far outweigh the benefit.
The bill takes effect on the first day of the seventh month following enactment.
