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 Page 3 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 Page 4 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 SB 1237 Page 5 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 FN: 0006512