Bill Text: FL S0164 | 2018 | Regular Session | Comm Sub

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

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Bill Title: Mammography

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Introduced - Dead) 2018-03-01 - Laid on Table, refer to CS/CS/HB 735 [S0164 Detail]

Download: Florida-2018-S0164-Comm_Sub.html

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       Florida Senate - 2018                              CS for SB 164
       
       
        
       By the Committee on Health Policy; and Senator Grimsley
       
       
       
       
       
       588-02377-18                                           2018164c1
    1                        A bill to be entitled                      
    2         An act relating to mammography; amending s. 404.031,
    3         F.S.; defining the term “mammography”; amending s.
    4         404.22, F.S.; conforming a change made by the act;
    5         creating s. 402.221, F.S.; requiring facilities
    6         performing mammography to include certain information
    7         in a summary of the mammography report which must be
    8         provided to each patient; providing applicability;
    9         providing for future repeal; providing an effective
   10         date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Present subsections (10) through (20) of section
   15  404.031, Florida Statutes, are redesignated as subsections (11)
   16  through (21), respectively, and a new subsection (10) is added
   17  to that section, to read:
   18         404.031 Definitions.—As used in this chapter, unless the
   19  context clearly indicates otherwise, the term:
   20         (10) “Mammography” means radiography of the breast for the
   21  purpose of enabling a physician to determine the presence, size,
   22  location, and extent of cancerous or potentially cancerous
   23  tissue in the breast.
   24         Section 2. Subsection (6) of section 404.22, Florida
   25  Statutes, is amended to read:
   26         404.22 Radiation machines and components; inspection.—
   27         (6)(a) For purposes of this subsection, “mammography” means
   28  radiography of the breast for the purpose of enabling a
   29  physician to determine the presence, size, location, and extent
   30  of cancerous or potentially cancerous tissue in the breast.
   31         (b) All radiation machines used for mammography must:
   32         (a) shall Meet the accreditation criteria of the American
   33  College of Radiology or similar criteria established by the
   34  department.
   35         (b)(c) All radiation machines used for mammography shall Be
   36  specifically designed to perform mammography.
   37         (c)(d) All radiation machines used for mammography shall Be
   38  used exclusively to perform mammography.
   39  
   40  The department shall adopt rules to implement the provisions of
   41  this subsection.
   42         Section 3. Section 402.221, Florida Statutes, is created to
   43  read:
   44         402.221 Mammography reports.—Each facility that performs
   45  mammography shall send a summary of a patient’s mammography
   46  report to each patient in accordance with 21 C.F.R. s.
   47  900.12(c). If a facility determines that a patient has
   48  heterogeneously or extremely dense breasts, the summary must
   49  include the following notice:
   50  
   51         “Your mammogram shows that your breast tissue is dense.
   52  Dense breast tissue is relatively common and is found in
   53  approximately 50 percent of women. The presence of dense breast
   54  tissue can make it more difficult to detect some abnormalities
   55  in the breast and may also be associated with an increased risk
   56  of breast cancer. This information about the results of your
   57  mammogram is given to you to raise your awareness. A report of
   58  your results was sent to your health care provider. Further
   59  recommendations may be added at the discretion of the
   60  interpreting radiologist. Please be aware that additional
   61  screening studies may not be covered by your insurance.”
   62  
   63         (1) This section does not create a duty, a standard of
   64  care, or another legal obligation beyond the duty to provide
   65  notice as required in this section.
   66         (2) This section does not require a notice that is
   67  inconsistent with the federal Mammography Quality Standards Act
   68  or any regulation promulgated pursuant to that act.
   69         (3) This section is repealed June 30, 2023.
   70         Section 4. This act shall take effect July 1, 2018.