BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1237
                                                                  Page  1

          SENATE THIRD READING
          SB 1237 (Padilla)
          As Amended  August 20, 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 human use to record the dose of radiation on  
          every CT study produced during a CT examination.  Requires,  
          commencing July 1, 2013, facilities that furnish CT to be  
          accredited and to report to the State Department of Public  
          Health (DPH) an event in which the administration of radiation  
          results in an overdose, as specified.  Specifically,  this bill  :   
            









                                                                  SB 1237
                                                                  Page  2

          1)Requires, commencing July 1, 2012, a person that uses a CT for  
            human use to record the dose of radiation on every CT study  
            produced during a CT examination.

          2)Requires the facility conducting the study referenced in 1)  
            above to electronically send each CT study and protocol page,  
            that lists the technical factors and dose of radiation, to the  
            electronic picture archiving and communications system.

          3)Requires the displayed dose to be verified annually by a  
            medical physicist to ensure the displayed doses are within 20%  
            of the true measured dose measured in accordance with 6) below  
            unless the facility is accredited.

          4)Requires the radiology report of a CT, in accordance with 5)  
            below, to include the dose of radiation by either recording  
            the dose within the patient's radiology report or attaching  
            the protocol page that includes the dose of radiation to the  
            radiology report.

          5)Requires the provisions in this bill to be limited to CT  
            systems capable of calculating and displaying the dose.

          6)Requires, for the purposes of this bill, that dose radiation  
            be defined as one of the following:

             a)   The computed tomography index volume and dose length  
               product, as defined by the International Electrotechnical  
               Commission and recognized by the federal Food and Drug  
               Administration (FDA); and,
             b)   The dose unit as recommended by the American Association  
               of Physicists in Medicine.

          7)Requires, commencing July 1, 2013, facilities that furnish CT  
            to be accredited by an organization that is approved by the  
            federal Centers for Medicare and Medicaid Services, an  
            accrediting agency approved by the Medical Board of  
            California, or DPH.

          8)Requires a health facility, except for an event that results  
            from patient movement or interference, to report to DPH an  
            event in which the administration of radiation results in and  
            of the following:

             a)   Repeating of a CT examination, unless otherwise ordered  








                                                                  SB 1237
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               by a physician or radiologist, if the following dose values  
               are exceeded:
               i)     0.05 Sv (5 rem) effective dose equivalent;
               ii)    0.5 Sv (50 rem) to an organ or tissue; or
               iii)   0.5 Sv (50 rem) shallow dose equivalent to the skin.

             b)   CT X-ray irradiation of a body part other than that  
               intended by the ordering physician or a radiologist if one  
               of the following dose values are exceeded:
               i)     0.05 Sv (5 rem) effective dose equivalent;
               ii)    0.5 Sv (50 rem) to an organ or tissue; or
               iii)   0.05 Sv (50 rem) shallow dose equivalent to the  
                 skin.

             c)   CT or therapeutic exposure that results in unanticipated  
               permanent functional damage to an organ or a physiological  
               system, hair loss, or erythema, as determined by a  
               qualified physician;

             d)   A CT or therapeutic dose to an embryo or fetus that is  
               greater than 50 mSv (5 rem) dose equivalent, that is a  
               result of radiation to a known pregnant individual unless  
               the dose to the embryo or fetus was specifically approved,  
               in advance, by a qualified physician;

             e)   Therapeutic ionizing irradiation of the wrong  
               individual, or wrong treatment site; and,

             f)   The total dose from therapeutic ionizing radiation  
               delivered differs from the prescribed dose by 20% or more.   
               Require a report in any instance where the dose  
               administered exceeds 20% of the amount prescribed in a  
               situation where the radiation was utilized for palliative  
               care for the specific patient.  Require the radiation  
               oncologist to notify the referring physician that the dose  
               was exceeded.

          9)Requires the facility, no later than five business days after  
            discovery of an event described in 1) above, to provide  
            notification of the event to DPH and the referring physician  
            of the person subject to the event.  Require the facility, no  
            later than 15 business days after discovery of an event  
            described in 1) above, to provide written notification to the  
            person who is subject to the event.









                                                                 SB 1237
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          10)Requires the information required in the provisions of this  
            bill to include, but not be limited to, information regarding  
            each substantiated adverse event, as defined in existing law,  
            reported to DPH, and may include compliance information  
            history.

           EXISTING LAW  :  

          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  :  The provisions of this bill have not yet been  
          analyzed by a fiscal committee. 

           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  








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          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  
          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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