SECTIONS 1638-1638.7

1638.  (a) For purposes of this article, "oral and maxillofacialsurgery" means the diagnosis and surgical and adjunctive treatment ofdiseases, injuries, and defects which involve both functional andesthetic aspects of the hard and soft tissues of the oral andmaxillofacial region. (b) Any person licensed under the Medical Practice Act (Chapter 5(commencing with Section 2000)) as a physician and surgeon whopossesses, or possessed, a license to practice dentistry in anotherstate, but is not licensed to practice dentistry under this chaptermay apply to the board on a form prescribed by the board for an oraland maxillofacial surgery permit. (c) The board may issue an oral and maxillofacial surgery permitto an applicant who has furnished evidence satisfactory to the boardthat he or she is currently certified or eligible for certificationin oral and maxillofacial surgery by a specialty board recognized bythe Commission on Accreditation of the American Dental Associationand holds a current license in good standing to practice medicine inthe state. (d) An application shall be accompanied by an application fee ofone hundred fifty dollars ($150) and two classifiable sets offingerprints on forms provided by the board.1638.1.  (a) (1) A person licensed pursuant to Section 1634 whowishes to perform elective facial cosmetic surgery shall first applyfor and receive a permit to perform elective facial cosmetic surgeryfrom the board. (2) A permit issued pursuant to this section shall be valid for aperiod of two years and must be renewed by the permitholder at thetime his or her license is renewed. Every six years, prior to renewalof the permitholder's license and permit, the permitholder shallsubmit evidence acceptable to the credentialing committee that he orshe has maintained continued competence to perform the proceduresauthorized by the permit. The credentialing committee may limit apermit consistent with paragraph (1) of subdivision (e) if it is notsatisfied that the permitholder has established continued competence. (b) The board may adopt regulations for the issuance of the permitthat it deems necessary to protect the health, safety, and welfareof the public. (c) A licensee may obtain a permit to perform elective facialcosmetic surgery by furnishing all of the following information on anapplication form approved by the board: (1) Proof of successful completion of an oral and maxillofacialsurgery residency program accredited by the Commission on DentalAccreditation of the American Dental Association. (2) Proof that the applicant has satisfied the criteria specifiedin either subparagraph (A) or (B): (A) (i) Is certified, or is a candidate for certification, by theAmerican Board of Oral and Maxillofacial Surgery. (ii) Submits to the board a letter from the program director ofthe accredited residency program, or from the director of apostresidency fellowship program accredited by the Commission onDental Accreditation of the American Dental Association, stating thatthe licensee has the education, training, and competence necessaryto perform the surgical procedures that the licensee has notified theboard he or she intends to perform. (iii) Submits documentation to the board of at least 10 operativereports from residency training or proctored procedures that arerepresentative of procedures that the licensee intends to performfrom both of the following categories: (I) Cosmetic contouring of the osteocartilaginous facialstructure, which may include, but is not limited to, rhinoplasty andotoplasty. (II) Cosmetic soft tissue contouring or rejuvenation, which mayinclude, but is not limited to, facelift, blepharoplasty, facial skinresurfacing, or lip augmentation. (iv) Submits documentation to the board showing the surgicalprivileges the applicant possesses at any licensed general acute carehospital and any licensed outpatient surgical facility in thisstate. (B) (i) Has been granted privileges by the medical staff at alicensed general acute care hospital to perform the surgicalprocedures 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 ageneral acute care hospital and maintains the necessary privilegesbased on the bylaws of the hospital to maintain that status. (d) The application shall be accompanied by an application fee offive hundred dollars ($500) for an initial permit. The fee to renew apermit shall be two hundred dollars ($200). (e) (1) The board shall appoint a credentialing committee toreview the qualifications of each applicant for a permit. Uponcompletion of the review of an applicant, the committee shall make arecommendation to the board on whether to issue or not issue a permitto the applicant. The permit may be unqualified, entitling thepermitholder to perform any facial cosmetic surgical procedureauthorized by this section, or it may contain limitations if thecredentialing committee is not satisfied that the applicant has thetraining or competence to perform certain classes of procedures, orif the applicant has not requested to be permitted for all proceduresauthorized by this section. (2) The credentialing committee shall be comprised of fivemembers, as follows: (A) A physician and surgeon with a specialty in plastic andreconstructive surgery who maintains active status on the staff of alicensed general acute care hospital in this state. (B) A physician and surgeon with a specialty in otolaryngology whomaintains active status on the staff of a licensed general acutecare hospital in this state. (C) Three oral and maxillofacial surgeons licensed by the boardwho are board certified by the American Board of Oral andMaxillofacial Surgeons, and who maintain active status on the staffof a licensed general acute care hospital in this state, at least oneof whom shall be licensed as a physician and surgeon in this state.Two years after the effective date of this section, any oral andmaxillofacial surgeon appointed to the committee who is not licensedas a physician and surgeon shall hold a permit pursuant to thissection. (3) The board shall solicit from the following organizations inputand recommendations regarding members to be appointed to thecredentialing 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 placedirected by the board to evaluate applicants for permits. A quorum ofthree members shall be required for the committee to considerapplicants and make recommendations to the board. (f) A licensee may not perform any elective, facial cosmeticsurgical procedure except at a general acute care hospital, alicensed outpatient surgical facility, or an outpatient surgicalfacility accredited by the Joint Commission on Accreditation ofHealthcare Organizations (JCAHO), the American Association forAmbulatory Health Care (AAAHC), the Medicare program, or anaccreditation agency approved by the Medical Board of Californiapursuant to subdivision (g) of Section 1248.1 of the Health andSafety Code. (g) For purposes of this section, the following terms shall havethe following meanings: (1) "Elective cosmetic surgery" means any procedure defined ascosmetic surgery in subdivision (d) of Section 1367.63 of the Healthand Safety Code, and excludes any procedure that constitutesreconstructive surgery, as defined in subdivision (c) of Section1367.63 of the Health and Safety Code. (2) "Facial" means those regions of the human body described inSection 1625 and in any regulations adopted pursuant to that sectionby the board. (h) A holder of a permit issued pursuant to this section shall notperform elective facial cosmetic surgical procedures unless he orshe has malpractice insurance or other financial security protectionthat would satisfy the requirements of Section 2216.2 and anyregulations adopted thereunder. (i) A holder of a permit shall comply with the requirements ofsubparagraph (D) of paragraph (2) of subdivision (a) of Section1248.15 of the Health and Safety Code, and the reporting requirementsspecified in Section 2240, with respect to any surgical procedureauthorized by this section, in the same manner as a physician andsurgeon. (j) Any violation of this section constitutes unprofessionalconduct and is grounds for the revocation or suspension of the person's permit, license, or both, or the person may be reprimanded orplaced on probation. Proceedings initiated by the board under thissection shall be conducted in accordance with Chapter 5 (commencingwith Section 11500) of Part 1 of Division 3 of Title 2 of theGovernment Code, and the board shall have all the powers grantedtherein. (k) On or before January 1, 2009, and every four years thereafter,the board shall report to the Joint Committee on Boards, Commissionsand Consumer Protection on all of the following: (1) The number of persons licensed pursuant to Section 1634 whoapply to receive a permit to perform elective facial cosmetic surgeryfrom the board pursuant to subdivision (a). (2) The recommendations of the credentialing committee to theboard. (3) The board's action on recommendations received by thecredentialing committee. (4) The number of persons receiving a permit from the board toperform elective facial cosmetic surgery. (5) The number of complaints filed by or on behalf of patients whohave received elective facial cosmetic surgery by persons who havereceived a permit from the board to perform elective facial cosmeticsurgery. (6) Action taken by the board resulting from complaints filed byor on behalf of patients who have received elective facial cosmeticsurgery by persons who have received a permit from the board toperform elective facial cosmetic surgery.1638.2.  (a) Notwithstanding any other provision of law, a personlicensed pursuant to Section 1634 who holds a permit to performelective facial cosmetic surgery issued pursuant to this article maynot perform elective facial cosmetic surgery on a patient, unless thepatient has received, within 30 days prior to the elective facialcosmetic surgery procedure, and confirmed as up-to-date on the day ofthe procedure, an appropriate physical examination by, and writtenclearance 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 permitto perform elective facial cosmetic surgery issued pursuant to thisarticle. (b) The physical examination described in subdivision (a) shallinclude the taking of an appropriate medical history. (c) An appropriate medical history and physical examination doneon the day of the procedure shall be presumed to be in compliancewith 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 surgerypermit shall be the same as that for renewal of a dental license asdetermined under Section 1724. (b) Every provision of this chapter applicable to a personlicensed to practice dentistry shall apply to a person to whom aspecial permit is issued under this article.1638.5.  An oral and maxillofacial surgery permit shall beautomatically suspended for any period of time during which theholder does not possess a current valid license to practice medicinein this state.1638.7.  The next occupational analysis of dental licensees and oraland maxillofacial facial surgeons pursuant to Section 139 shallinclude a survey of the training and practices of oral andmaxillofacial surgeons and, upon completion of that analysis, areport shall be made to the Joint Committee on Boards, Commissions,and Consumer Protection regarding the findings.