Bill Text: CA SB148 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Mammogram machines: inspection: posting of results.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 169, Statutes of 2009. [SB148 Detail]

Download: California-2009-SB148-Amended.html

---

BILL NUMBER: SB 148	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 7, 2009
	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 require the
facility to post the notice within 2 working days after receipt of
the documents from the department and require that the documents
remain posted for a   minimum of 5 working days or until
action correcting the violation has been completed, whichever is
later.  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  Level 1  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) The facility shall post the notice pursuant to this section
within two working days after receipt of the documents from the
department. These documents shall remain posted for a minimum of five
working days or until action correcting the violation has been
completed, whichever is later. 
  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.