BILL NUMBER: SB 1538	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2012
	AMENDED IN ASSEMBLY  JUNE 19, 2012
	AMENDED IN SENATE  MARCH 27, 2012

INTRODUCED BY   Senator Simitian
   (Principal coauthors: Senators Alquist and Runner)
    (  Principal coauthor:   Assembly Member
  Nielsen   ) 
   (Coauthors: Senators  Anderson,  Berryhill, Blakeslee,
Calderon, Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson,  Evans,  Fuller, Gaines, Hancock, Harman, Huff,
La Malfa,  Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla,  Pavley,  Price, Rubio, Steinberg, Strickland,
Vargas, Walters, Wolk, Wright,  Wyland,  and Yee)
   (Coauthors: Assembly Members Achadjian, Alejo, Allen, Beall, Bill
Berryhill, Block, Bonilla, Brownley,  Buchanan,  Butler,
 Charles Calderon,  Campos, Carter, Cedillo,  Chesbro,
  Conway,  Davis, Dickinson, Eng, Feuer, Fletcher,
Fong,  Furutani,   Galgiani,  Garrick, Gatto,
Grove, Hagman, Hall,  Harkey,   Hayashi,  Roger
Hernández, Hill, Huber, Hueso, Huffman,  Jeffries,  Jones,
 Knight,   Lara,  Logue, Bonnie Lowenthal, Ma,
Mansoor,  Mendoza,  Miller, Mitchell,  Morrell, 
Nestande,  Nielsen,   Olsen,   Perea,
  V. Manuel Pérez,  Portantino, Skinner, Smyth,
Solorio, Swanson, Torres,  Valadao,   Wagner, 
Wieckowski, Williams, and Yamada)

                        FEBRUARY 24, 2012

   An act to add and repeal Section 123222.3 of the Health and Safety
Code, relating to mammograms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1538, as amended, Simitian. Health care: mammograms.
   Existing law requires specified information to be provided to
patients regarding their health care. Existing federal law requires a
written report of the results of each mammography examination and
requires a summary of that report to be sent to the patient within a
specified time period.
   This bill, from April 1, 2013, until January 1, 2019, would
require, under specified circumstances, a health facility at which a
mammography examination is performed to include in the summary of the
written report that is sent to the patient a prescribed notice on
breast density.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 123222.3 is added to the Health and Safety
Code, to read:
   123222.3.  (a) A health facility at which a mammography
examination is performed shall, if a patient is categorized by the
facility as having heterogeneously dense breasts or extremely dense
breasts, based on the Breast Imaging Reporting and Data System
established by the American College of Radiology, include in the
summary of the written report that is sent to the patient, as
required by federal law, the following notice:

    "Because your mammogram demonstrates that you have dense breast
tissue (a relatively common condition), which could hide small
abnormalities, you might benefit from supplementary screening tests,
depending on your individual risk factors. A report of your
mammography results, which contains information about your breast
density, has been sent to your physician's office and you should
contact your physician if you have any questions or concerns about
this notice."  
   Your mammogram shows that your breast tissue is dense. Dense
breast tissue is common and is not abnormal. However, dense breast
tissue can make it harder to evaluate the results of your mammogram
and may also be associated with an increased risk of breast cancer.
 
   This information about the results of your mammogram is given to
you to raise your awareness and to inform your conversations with
your doctor. Together, you can decide which screening options are
right for you. A report of your results was sent to your physician.


   (b) This section shall become operative on April 1, 2013.
   (c)  (1)    Nothing in this section shall be
construed to create or impose liability on a health care facility for
failing to comply with the requirements of this section prior to
April 1, 2013. 
   (2) Nothing in this section shall be deemed to create a duty of
care or other legal obligation beyond the duty to provide notice as
set forth in this section.  
   (3) Nothing in this section shall be deemed to require a notice
that is inconsistent with the provisions of the federal Mammography
Quality Standards Act (42 U.S.C. Sec. 263b) or any regulations
promulgated pursuant to that act. 
   (d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.