ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
HEALTH & HUMAN SERVICES
COMMITTEE
DATE: March 21, 2022
SUBJECT: Strike everything amendment to H.B. 2635, relating to breast implant surgery;
informed consent
Purpose
Applies statutory informed consent requirements for cosmetic breast implant surgery to
breast implant surgery for reconstructive purposes.
Background
Current statute requires licensed medical and osteopathic physicians to provide patients
receiving breast implant surgery with the following information prior to surgery: 1) a description
of the risks of breast implants and of the surgical procedures used in breast implant surgery;
2) manufacturer patient information materials on the implants that will be used in the surgery,
including warning requirements prescribed by the U.S. Food and Drug Administration (FDA);
3) the informed consent checklist, including information on breast implant-associated anaplastic
large cell lymphoma, breast implant illness and the National Breast Implant Registry; and
4) information on how the patient can report adverse events associated with breast implants
through the FDA MedWatch Program or any similar program. A physician must obtain written
informed consent for the procedure from the patient before performing the breast implant surgery.
A physician who knowingly violates the informed consent requirement commits an act of
unprofessional conduct and is subject to disciplinary action.
Breast implant surgery is the surgical placement of a cosmetic breast implant (A.R.S.
ยง 32-3228).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Applies statutory informed consent requirements for cosmetic breast implant surgery to breast
implant surgery for reconstructive purposes.
2. Makes technical changes.
3. Becomes effective on the general effective date.
MAELINN CHOW
ASSISTANT RESEARCH ANALYST
MICHAEL MADDEN
LEGISLATIVE RESEARCH ANALYST
HEALTH & HUMAN SERVICES COMMITTEE
Telephone: (602) 926-3171