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.









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          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,










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             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  








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            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."









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           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  








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          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  








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          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