Governor Jerry Brown signed a law requiring private accrediting firms to inspect outpatient centers at least once every three years, including surprise inspections. The bill also requires these accrediting firms to demand improvements or revoke certification if a surgery center does not meet the proper safety standards.
The outpatient surgery centers include medical facilities that perform Lap-Band and liposuction procedures. The author of the bill, state senator Curren Price Jr. (D-Los Angeles) became interested in this bill after singer Kanye West's mother died from liposuction and breast augmentation surgery at an outpatient surgery clinic. Momentum increased for the bill after five patients died from having Lap-Band weight loss surgeries at outpatient surgery centers affiliated with the 1-800-GET-THIN marketing company.
This bill was enacted to protect the public's health and safety. Previous legislation allowed loop holes for surgical centers that ran into violations by allowing them to shop for multiple accreditation firms that issued approvals. Therefore, if a surgical center lost their accreditation from one agency, due to safety violations, they could apply to another agency for approval. This bill will help ensure outpatient surgery centers meet safety standards including cleanliness and proper use of medication. The law requires that the state medical board must notify the public through its website if a surgery center's license has been suspended or if the surgery center has been placed on probation or reprimanded.
One of the supporters of the bill, Betty Brown, is the sister of a victim of Lap-Band surgery, Tamara Walter, who died after having Lap-Band surgery at an outpatient clinic in Beverly Hills. The coroner's report placed the blame with the anesthesiologist, who was on probation at the time. Brown testified to state lawmakers before they approved the bill. Brown believes this new legislation would have prevented her sister's accident. "With more regulation, there would be less a chance something like this happening. This shouldn't continue to happen." The Walter family and Betty Brown have filed a wrongful death lawsuit.
Senator Price stated, "It brings oversight that's long overdue over these clinics...It's going to protect the public's health and safety."
For more information about this law, read the article in the Los Angeles Times, "Tighter scrutiny for outpatient surgery centers" October 10, 2011, by Stuart Pfeifer. Or visit the online version.
