BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1237
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          SENATE THIRD READING
          SB 1237 (Padilla)
          As Amended June 23, 2010
          Majority vote 

           SENATE VOTE  :24-5  
           
           HEALTH              19-0        BUSINESS & PROFESSIONS        
          11-0                
           
           ----------------------------------------------------------------- 
          |Ayes:|Monning, Fletcher,        |Ayes:|Hayashi, Conway, Eng,     |
          |     |Ammiano, Carter, Conway,  |     |Hernandez, Hill, Ma,      |
          |     |De La Torre, De Leon,     |     |Nava, Niello, Ruskin,     |
          |     |Eng, Gaines, Hayashi,     |     |Smyth, Nestande           |
          |     |Hernandez, Jones, Bonnie  |     |                          |
          |     |Lowenthal, Nava,          |     |                          |
          |     |V. Manuel Perez, Salas,   |     |                          |
          |     |Smyth, Audra Strickland,  |     |                          |
          |     |Gilmore                   |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           APPROPRIATIONS      17-0                                        
           
           -------------------------------- 
          |Ayes:|Fuentes, Conway,          |
          |     |Bradford,                 |
          |     |Charles Calderon, Coto,   |
          |     |Davis,                    |
          |     |De Leon, Gatto, Hall,     |
          |     |Harkey, Miller, Nielsen,  |
          |     |Norby, Skinner, Solorio,  |
          |     |Torlakson, Torrico        |
          |     |                          |
           -------------------------------- 
           SUMMARY  :  Requires health facilities and clinics that use  
          imaging procedures that involve computed tomography X-ray  
          systems (CT) for diagnostic purposes to record the dose of  
          radiation produced during the administration of a CT examination  
          in the patient's medical record and on the image produced by the  
          examination.  Specifically,  this bill  :    

          1)Requires general acute care hospitals, acute psychiatric  
            hospitals, and special hospitals (collectively health  








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            facilities), as specified, that use CT for diagnostic purposes  
            to record the dose of radiation produced during the  
            administration of CT examination in the patient's medical  
            record and on the image produced by the examination,  
            commencing January 1, 2012.

          2)Requires the dosage to be recorded using both dose length  
            product (DLP) and volume CT index (CTDI vol), as defined by  
            the International Electrotechnical Commission (IEC) and  
            recognized by the federal Food and Drug Administration (FDA).

          3)Requires the health facility to ensure that the CTDI vol is  
            recorded in the patient's medical record and on any image  
            produced from the examination.

          4)Clarifies that the requirements in 1) above be limited to CT  
            examinations performed on equipment where it is currently  
            possible to record the CTDI vol directly or through the  
            addition of updates that have been approved or cleared by the  
            FDA.

          5)Exempts small and rural hospitals and those facilities  
            specified in 1) above, that are located in an area that is  
            designated as a federal medically underserved area, from the  
            provisions of this bill until January 1, 2013.

          6)Requires health facilities that furnish CT services to be  
            accredited by an organization that is approved by the federal  
            Centers for Medicare and Medicaid Services or an accrediting  
            agency approved by the Medical Board of California, commencing  
            January 1, 2012.

          7)Requires a health facility that uses CT to notify the  
            California Department of Public Health (DPH), the affected  
            patient, and the patient's treating physician immediately, in  
            writing, of the occurrence of any of the following events:

             a)   Repetition of CT 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,









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             c)   A diagnostic dosage that exceeds by 50% or more the  
               protocols referenced in 2) above;

          8)Requires each facility that utilizes therapeutic X-ray systems  
            operating at energies below one million electron volts (MeV)  
            to notify and report to DPH, in accordance with DPH  
            regulations, and to also 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,

             c)   Any exposure resulting in a calculated total  
               administration dose differing from the total prescribed  
               dose by more than 10% of the total prescribed dose.

          9)Requires each facility that utilizes therapeutic X-ray systems  
            operating with energies at or above one Mev to notify and  
            report to DPH, in accordance with DPH regulations, and to  
            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 of 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  :  









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          1)Under the Radiation Control Law, DPH administers provisions  
            that establish standards for, and regulate sources of,  
            ionizing radiation.  Requires DPH to license persons who  
            receive, possess, or transfer radioactive materials, and  
            devices or equipment utilizing these materials.  

          2)Establishes the Radiologic Health Branch within DPH, which is  
            responsible for licensing of radioactive materials,  
            registration of X-ray producing machines, certification of  
            X-ray and radioactive material users, inspection of facilities  
            using radiation, investigation of radiation incidents, and  
            surveillance of radioactive contamination in the environment.

          3)Gives DPH, or any state or local agency with which an  
            agreement has been made, the power to enter property, within  
            the jurisdiction of the agency, in order to inspect and  
            determine whether there is compliance with the state's  
            standards and requirements.

          FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee analysis, this bill would result in no direct fiscal  
          impact to DPH to continue oversight of radiology professionals. 

           COMMENTS  :  According to the author and sponsor, Californians are  
          at increasing risk of over exposure to radiation, and they cite  
          statistics that total exposure to ionizing radiation has nearly  
          doubled over the past two decades, in large part because of  
          increased use of CT scans for medical diagnostic and treatment  
          purposes.  The author and sponsor state that medical radiation  
          can save lives, but can be deadly if improperly administered,  
          and can increase a person's lifetime risk of developing cancer.   
          According to the author, 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.  The author  
          maintains that one-time instances of over exposure to radiation  
          are difficult to detect if there is no record of the dosage  
          administered and exposure to radiation has a cumulative effect  
          over a lifetime.  The author and sponsor cite problems at  
          Cedars-Sinai Medical Center in 2009, in which 206 patients were  
          exposed to overdoses of radiation over an 18-month period,  
          roughly eight times the recommended level of radiation, when a  
          scanner used for brain scans was reconfigured.  By requiring  
          health facilities to record CT radiation dosages in a patient's  








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          health record and requiring quality assurance accreditation of  
          practitioners and health facilities that use diagnostic  
          radiation, this bill addresses the serious risks associated with  
          over exposure to radiation. 
           
           
           Analysis Prepared by  :    Tanya Robinson-Taylor / HEALTH / (916)  
          319-2097 


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