BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 148
                                                                  Page  1

          Date of Hearing:   August 19, 2009

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                    SB 148 (Oropeza) - As Amended:  July 7, 2009  

          Policy Committee:                              HealthVote:17-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill requires facilities to post notices visible to  
          patients about specified serious violations of federal  
          mammography standards that may seriously compromise the quality  
          of mammography services offered. In addition, this bill defines  
          serious violations and specifies the timing and duration of  
          these posted notices. 

           FISCAL EFFECT  

          No direct fiscal impact to the California Department of Public  
          Health (DPH) to continue oversight of mammography as a part of  
          inspecting facilities utilizing radiation. 

           COMMENTS  

           1)Rationale  . This bill is sponsored by the author and is in  
            response to a news story aired in the Los Angeles area during  
            the winter of 2008. The news report highlighted several  
            radiology facilities with serious violations of federal  
            Mammography Quality Standards Act (MQSA) continued conducting  
            exams without notifying patients about safety risks. According  
            to the author, current law notifications about safety  
            violations lack standardization and most often result in only  
            employees knowing about such violations. This bill ensures  
            specific safety information is provided to patients in a  
            standardized fashion.  

           2)Federal Standards  enacted in 1992, the Mammography Quality  
            Standards Act (MSQA), regulate the quality of mammography care  
            and require mammography facilities to meet uniform quality  
            measures. Facilities must be accredited by the American  
            College of Radiology (ACR), be certified by the Food and Drug  
            Administration (FDA), or by the state in which the facility is  






                                                                  SB 148
                                                                  Page  2

            located, pass an annual MQSA inspection and prominently  
            display all certifications. 

           2)State Law  requires accreditation by the ACR, certification by  
            the FDA and certification by the Radiologic Health Branch  
            (RHB) of DPH. When a violation is issued regarding  
            radiological working conditions state regulations require the  
            facility to conspicuously post the notice within two working  
            days after receipt.  
           
          3)       Related Legislation  . SB 1529 (Oropeza) in 2008 included  
            a similar posting requirement as well as internet posting  
            requirements. SB 1529 was held on the Suspense File of the  
            Senate Appropriations Committee. 

           Analysis Prepared by  :    Mary Ader / APPR. / (916) 319-2081