BILL ANALYSIS SB 1237 Page 1 Date of Hearing: June 29, 2010 ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER PROTECTION Mary Hayashi, Chair SB 1237 (Padilla) - As Amended: June 23, 2010 SENATE VOTE : 24-5 SUBJECT : Radiation control: health facilities and clinics: records. SUMMARY : Requires health facilities, as specified, that use computed tomography (CT) X-ray systems for diagnostic and therapeutic purposes to record the dose of radiation used on a patient and alert the affected patient, the Department of Public Health (department), and the patient's treating physician if certain events occur during the administration of an X-ray examination. Specifically, this bill : 1)Requires general acute care, acute psychiatric hospitals, special hospitals, and clinics, as specified, that use CT X-ray systems for diagnostic purposes to record the dose of radiation, if technically possible, produced during the administration of a CT X-ray examination by January 1, 2012. Exempts the following entities until January 1, 2013: a) Small and rural hospitals, as specified; and, b) Health facilities and clinics located in areas designated as a medically underserved pursuant to federal law. 2)Requires the dosage to be recorded using both dose length product (DLP) and volume computed tomography index (CTDI vol), as defined by the International Electrotechnical Commission (IEC) and recognized by the federal Food and Drug Administration (FDA). The health facility shall ensure that the CTDI vol is recorded in the patient's medical record and on any image produced from the examination. SB 1237 Page 2 3)Requires facilities that furnish CT X-ray services to be accredited by an organization approved by the federal Centers for Medicare and Medicaid Services or an accrediting agency approved by the Medical Board of California (MBC) by January 1, 2012. 4)Requires a facility that uses CT X-ray systems to notify the department, the affected patient, and the patient's treating physician immediately, in writing, of the occurrence of any of the following events: a) Repetition of a CT X-ray exposure due to equipment defect or malfunction; b) Irradiation of the wrong patient or irradiation of a body part other than that intended by the ordering physician and surgeon; or, c) A diagnostic dosage that exceeds protocols by 50% or more. 5)Requires each facility that utilizes therapeutic X-ray systems operating at energies below one million electron volts (MeV) to notify and report to the department, in accordance with department regulations, and notify the affected patient and his or her treating physician within 10 days, in writing, of the occurrence of any of the following events: a) Irradiation of the wrong individual or wrong treatment site; b) Any treatment consisting of three or fewer fractions, with the calculated total administered dose differing from the total prescribed dose by more than 10% of the total prescribed dose; or, SB 1237 Page 3 c) Any exposure resulting in a calculated total administered dose differing from the total prescribed dose by more than 10% of the total prescribed dose. 6)Requires each facility that utilizes therapeutic X-ray systems operating with energies at or above one MeV to notify and report to the department, in accordance with department regulations, and notify the affected patient and his or her treating physician within 10 days, in writing, of the occurrence of any of the following events: a) Any event involving irradiation of the wrong individual, administration of the wrong type of radiation or the wrong energy, or irradiation of the wrong treatment site; b) Any treatment consisting of three or fewer fractions, with the calculated total administered dose differing from the total prescribed dose by more than 10% of the total prescribed dose; or, c) Any exposure resulting in a calculated total administration dose differing from the total prescribed dose by more than 20% of the total prescribed dose. EXISTING LAW : 1)Requires the department to license persons who receive, possess, or transfer radioactive materials, and devices or equipment utilizing these materials. 2)Requires the department to adopt registration and certification regulations for mammography equipment. 3)Requires the department to develop and enforce standards for the education, training, and experience of persons who use radiologic technology on human beings. 4)Requires the department to adopt regulations that require personnel and facilities using radiation-producing equipment for medical and dental purposes to maintain and implement SB 1237 Page 4 medical and dental quality assurance standards reducing unnecessary exposure to ionizing radiation while ensuring that images are of diagnostic quality. 5)Requires ionizing radiation machines to be inspected once each year for mammography X-ray units, once every three years for high-priority sources of ionizing radiation, and once every four and one-quarter years for medium-priority sources, as specified. 6)Requires a facility that operates a mammogram machine to post notices of serious violations in an area that is visible to patients within two working days after receipt of the documents from the department, as specified. FISCAL EFFECT : Unknown COMMENTS : Purpose of this bill . According to the author's office, "In 2009, Cedars-Sinar Medical Center in Los Angeles revealed that 260 patients who received CT brain perfusion scans for the purpose of diagnosing strokes had been exposed to eight times the maximum recommended dosage. For 18 months, the excessive radiation being administered went unchecked and undisclosed. The problem wasn't revealed until after a patient demanded answers from the hospital, after he had lost a ring of hair around his head, his skin reddened and vision became blurry. But by the time the hospital discovered the error, 260 patients had already been harmed. "After the incident at Cedars-Sinai was discovered, the department issued a statement that advised hospitals to double check their safety protocols. Yet, oversight for radiation scans is currently very fragmented; the FDA oversees the approval of medical devices, such as CT scanners, but does not regulate how diagnostic tests are used in clinical practice. "Existing federal regulations require outpatient centers that seek reimbursement from Medicare to adopt and comply with a quality assurance program, and have been applauded as the most aggressive accreditation standards in force. [This bill] adopts the same quality assurance program in order to prevent cases of radiation misadministrations from happening in the future." SB 1237 Page 5 Background . CT imaging is a diagnostic procedure that uses X-ray equipment to obtain cross-sectional pictures of the body that provides detailed images of organs, bones, and other tissues. A University of California at San Francisco (UCSF) study reports that CT is associated with higher radiation exposure than conventional X-rays, yet radiation dosages that patients receive from the newer CT scanners have gone largely unregulated. According to the study, since 1980, the yearly number of CT exams has increased from about three million to 70 million CT scans. The study reports that the technology has changed significantly over that time, improving the quality of imaging, and increasing the clinical questions that can be answered using CT, therefore leading to improvements in patient care. However, the study further asserts that one of the improvements in CT technology has been a double-edged sword because the images can be obtained so quickly, it has been very tempting to perform multiple CTs. The study maintains that this results in increased information, but raises safety concerns about increased risk for cancer. The UCSF study found that significant variation in the radiation doses for the same type of CT scans within and across institutions. Problems with computer software were most frequently cited as a cause for errors, according to the letter sent Thursday by Dr. Jeffrey Shuren, director of the FDA's Center for Devices and Radiological Health (Center). The Center's analysis, Dr. Shuren said, "revealed device problems that appear to be the result of faulty design or use error that could be mitigated by the incorporation of additional safeguards." More than 300 patients in four hospitals - and possibly many more - were overradiated by powerful CT scans used to detect strokes, government health officials announced late last year. The overdoses were first discovered at Cedars-Sinai Medical Center, a major Los Angeles hospital, where 260 patients received up to eight times as much radiation as intended. Those errors continued for 18 months and were detected only after patients started losing their hair. FDA is still struggling to understand and untangle the physics underlying the flawed protocols, and has issued a nationwide alert for hospitals to be especially careful when using CT scans on possible stroke victims. Although the overdoses at Cedars-Sinai were displayed on SB 1237 Page 6 computer screens, technicians administering the scans did not notice. In New York City, technologists contributed to two devastating radiation injuries by not watching their treatment computers. Serious radiation injuries are still infrequent, and the new equipment is undeniably successful in diagnosing and fighting disease. But the technology introduces its own risks: it has created new avenues for error in software and operation, and those mistakes can be more difficult to detect. As a result, a single error that becomes embedded in a treatment plan can be repeated in multiple radiation sessions. Current California law requires a health care facility to report certain adverse events, but does not require reporting of report a radiation misadministration. This bill would require health facilities, as specified, that use CT X-ray systems for diagnostic and therapeutic purposes to record the dose of radiation used on a patient and alert the affected patient, the department, and the patient's treating physician if certain adverse events occur during the administration of an X-ray. Arguments in support . The bill's sponsor, Consumer Attorneys of California, write, "[This bill] adopts a thorough quality assurance accreditation program to prevent errors like the ones that occurred in our California hospitals. Congress has already adopted such accreditation requirements for medical centers that perform diagnostic imaging services for Medicare. SB 1237 also requires the radiation dosage to be printed on the patient's medical record in order to better track one-time overexposures and a patient's lifetime cumulative exposure. Lastly, SB 1237 requires a facility to report radiation misadministration to an affected patient, referring physician, and the department. SB 1237 will bring California to the forefront of consumer protection." Arguments in opposition . California Radiological Society writes, "Though we have been working constructively with the author and sponsors for several months to establish new requirements for users of CT scanners, the most recent amendments have addressed other forms of ionizing radiation and SB 1237 Page 7 raised a host of concerns regarding the breadth of the requirements. We would suggest that the focus of the bill needs to return to the original purpose of enhanced regulation and safety in the operation of CT equipment." REGISTERED SUPPORT / OPPOSITION : Support Consumer Attorneys of California (sponsor) AARP Breast Cancer Fund California Nurses Association Children's Advocacy Institute Congress of California Seniors Consumer Federation of California An Individual Opposition California Radiological Society California Hospital Association Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916) 319-3301