Bill Text: CA SB38 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Radiation control: health facilities and clinics:

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-08-01 - Chaptered by Secretary of State. Chapter 139, Statutes of 2011. [SB38 Detail]

Download: California-2011-SB38-Amended.html

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BILL NUMBER: SB 38	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Padilla

                        DECEMBER 6, 2010

   An act to amend Section 115113 of the Health and Safety Code,
relating to public health, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 38, as amended, Padilla. Radiation control: health facilities
and clinics: records.
   Under existing law, the State Department of Public Health licenses
and regulates health facilities and clinics, as defined. Under
existing law, the Radiation Control Law, the department licenses and
regulates persons that use devices or equipment utilizing radioactive
materials. Under existing law, the department is authorized to
require registration and inspection of sources of ionizing radiation,
as defined. Violation of these provisions is a crime.
   Existing law, effective  January 1, 2011, 
requires a facility to report certain information about an event in
which the administration of radiation results in prescribed
occurrences to the department, the affected patient, and the patient'
s treating physician. 
   This bill would instead, commencing on July 1, 2012, require a
facility to report these events.  
   This bill would, instead, require a facility to report these
events commencing on July 1, 2012, and would narrow the scope of
information the facility is required to report. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 115113 of the Health and Safety Code is amended
to read:
   115113.  (a) Except for an event that results from patient
movement or interference, a facility shall report to the department
an event in which the administration of radiation results in 
and   any  of the following:
   (1) Repeating of a CT examination, unless otherwise ordered by a
physician or a radiologist, if the following dose values are
exceeded:
   (A)  0.05Sv   0.05   Sv  (5
rem) effective dose equivalent.
   (B) 0.5 Sv (50 rem) to an organ or tissue.
   (C) 0.5 Sv (50 rem) shallow dose equivalent to the skin.
   (2) CT X-ray irradiation of a body part other than that intended
by the ordering physician or a radiologist if one of the following
dose values are exceeded:
   (A) 0.05 Sv (5 rem) effective dose equivalent.
   (B) 0.5 Sv (50 rem) to an organ or tissue.
   (C) 0.5 Sv (50 rem) shallow dose equivalent to the skin.
   (3) CT or therapeutic exposure that results in unanticipated
permanent functional damage to an organ or a physiological system,
hair loss, or erythema, as determined by a qualified physician.
   (4) A CT or therapeutic dose to an embryo or fetus that is greater
than 50 mSv (5 rem) dose equivalent, that is a result of radiation
to a known pregnant individual unless the dose to the embryo or fetus
was specifically approved, in advance, by a qualified physician.
   (5) Therapeutic ionizing irradiation of the wrong individual, or
wrong treatment site.
   (6) The total dose from therapeutic ionizing radiation delivered
differs from the prescribed dose by 20 percent or more. A report
shall not be required pursuant to this paragraph in any instance
where the dose administered exceeds 20 percent of the amount
prescribed in a situation where the radiation was utilized for
palliative care for the specific patient. The radiation oncologist
shall notify the referring physician that the dose was exceeded.
   (b) The facility shall, no later than five business days after
discovery of an event described in subdivision (a), provide
notification of the event to the department and the referring
physician of the person subject to the event and shall, no later than
15 business days after discovery of an event described in
subdivision (a) provide written notification to the person who is
subject to the event. 
   (c) The information required pursuant to this section shall
include, but not be limited to, information regarding each
substantiated adverse event, as defined in Section 1279.1, reported
to the department, and may include compliance information history.
 
   (d) This section shall become operative on July 1, 2012. 

   (c) This section shall become inoperative on the effective date of
the act that added this subdivision, and shall remain inoperative
until July 1, 2012. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order for the State Department of Public Health to implement
the requirements imposed by Chapter 521 of the Statutes of 2010, it
is necessary that this act go into immediate effect.