BILL NUMBER: SB 112	CHAPTERED  10/01/93
	BILL TEXT

	CHAPTER   657
	FILED WITH SECRETARY OF STATE   OCTOBER 1, 1993
	APPROVED BY GOVERNOR   OCTOBER 1, 1993
	PASSED THE SENATE   SEPTEMBER 1, 1993
	PASSED THE ASSEMBLY   AUGUST 26, 1993
	AMENDED IN ASSEMBLY   AUGUST 23, 1993
	AMENDED IN ASSEMBLY   AUGUST 16, 1993
	AMENDED IN ASSEMBLY   JULY 1, 1993
	AMENDED IN SENATE   APRIL 21, 1993

INTRODUCED BY  Senator Roberti

                        JANUARY 19, 1993

   An act to amend Section 1704.5 of the Health and Safety Code,
relating to breast cancer.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 112, Roberti.  Breast cancer:  written summary of
treatment alternatives.
   Existing law provides that failure of a physician and surgeon
to inform a patient of alternative efficacious methods of
treatment for breast cancer, by means of a standardized written
summary developed by the State Department of Health Services on
the recommendation of the Cancer Advisory Council, is
unprofessional conduct.  Existing law provides that this
standardized written summary is to be printed and made available
by the Medical Board of California.  Existing law requires that
the department review the summary at least once every 5 years
and revise the summary if the department determines new or
revised information should be included.  Existing law requires
that certain information be included in the summary the next
time it is revised.
   This bill would instead require that the department review
the written summary commencing no later than January 1, 1995,
and every 3 years thereafter, and would require that specified
additional information be included in the next revision of the
written summary.  This bill would make additional clarifying
changes.
   This bill would require the board to establish a distribution
system for the written summary that is linked to the physician
and surgeon license renewal process.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1. Section 1704.5 of the Health and Safety Code is
amended to read:
   1704.5.  (a) Physicians and surgeons shall inform patients
being treated for any form of breast cancer of the alternative
efficacious methods of treatment by providing the patient with
the written summary described in subdivision (c).
   (b) The failure of a physician and surgeon to inform a
patient, by means of a standardized written summary developed by
the department on the recommendation of the Cancer Advisory
Council in accordance with subdivision (c), in layman's language
and in a language understood by the patient, of alternative
efficacious methods of treatment that may be medically viable,
including surgical, radiological, or chemotherapeutic treatments
or combinations thereof, when the patient is being treated for
any form of breast cancer, constitutes unprofessional conduct
within the meaning of Chapter 5 (commencing with Section 2000)
of Division 2 of the Business and Professions Code.
   (c) (1) A standardized written summary in layman's language
and in a language understood by the patient shall be developed
by the department with the recommendations of the Cancer
Advisory Council, and shall be printed and made available by the
Medical Board of California to physicians and surgeons, for the
purposes of informing the patient of the advantages,
disadvantages, risks and descriptions of the procedures with
regard to medically viable and efficacious alternative methods
of treatment for breast cancer as required by subdivision (a).
   (2) Commencing no later than January 1, 1995, and every three
years thereafter, the department shall review the written
summary and shall revise the written summary if the department
determines that new or revised information should be included in
the written summary.
   (3) At the next revision of the standardized written summary
required by this section, the department shall incorporate all
of the following additional information:
   (A) Information regarding methods of treatment for breast
cancer that are in the investigational or clinical trial stage
and are recognized for treatment by the Physician's Data Query
of the National Cancer Institute.
   (B) Available reference numbers, including, but not limited
to, the "800" telephone numbers for the National Cancer
Institute and the American Cancer Society, in order for breast
cancer patients to obtain the most recent information.
   (C) A discussion of breast reconstruction surgery, including,
but not limited to, problems, benefits, and alternatives.
   (D) Statistics on the incidence of breast cancer.
   (d) Prior to performance of a biopsy, the physician and
surgeon shall note on the patient's chart that he or she has
given the patient the written summary required by this section.

   (e) The Medical Board of California shall establish a
distribution system for the breast cancer treatment alternatives
written summary that is linked to the process of biennial
renewal of physician and surgeon licenses.