BILL NUMBER: SB 148 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 20, 2009
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator Oropeza
(Coauthors: Senators Alquist and Florez)
FEBRUARY 12, 2009
An act to add Section 115102 to the Health and Safety Code,
relating to mammography.
LEGISLATIVE COUNSEL'S DIGEST
SB 148, as amended, Oropeza. Mammogram machines: inspection:
posting of results.
Existing law, commonly known as the Radiation Protection Act of
1988, sets forth the duties of various agencies relating to the
protection of the public health and safety from the harmful effects
of radiation, including, among others, the duties of the State
Department of Public Health regarding the licensing and regulation of
radiologic technology, including, but not limited to, the inspection
of mammographic X-ray equipment. Violation of provisions relating to
radiologic technology is a misdemeanor.
This bill would require a facility that operates a mammogram
machine to post notices of serious violations, as defined, in an area
that is visible to patients. The bill would also require
the department, after January 1, 2012, to post the inspection results
for each facility that provides mammography services on its Internet
Web site. Because this bill would create a new crime, the
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 115102 is added to the Health and Safety Code,
to read:
115102. (a) A facility that
operates a mammogram machine shall post notices of serious
violations in an area that is visible to patients. For purposes of
this section, "serious violation" means a deviation, identified by an
inspector, from federal Mammography Quality Standards Act of 1992
(42 U.S.C. Sec. 263b) standards, in effect as of December 31, 2009,
that may seriously compromise the quality of mammography services
that are offered by the facility.
(b) Not later than January 1, 2012, the department shall post the
inspection results for each facility that provides mammography
services on its Internet Web site.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.