Bill Text: IL SB3547 | 2023-2024 | 103rd General Assembly | Engrossed

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

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Bill Title: Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Makes changes concerning the contents of a standardized written summary published by the Department of Public Health outlining methods for the early detection and diagnosis of breast cancer. Amends the Radiation Protection Act of 1990. Changes references from "technician" to "technologist". Requires every operator of a radiation installation at which mammography services are provided to ensure that patients (instead of mammography patients) receive a specified printed or digital pamphlet published by the Department of Public Health outlining methods for the early detection and diagnosis of breast cancer. Removes provisions requiring the pamphlet provided to patients to contain specified information. Effective immediately.

Spectrum: Moderate Partisan Bill (Democrat 20-6)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-1012 [SB3547 Detail]

Download: Illinois-2023-SB3547-Engrossed.html

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SB3547 Engrossed LRB103 38313 CES 68448 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-345 as follows:
(20 ILCS 2310/2310-345) (was 20 ILCS 2310/55.49)
Sec. 2310-345. Breast cancer; written summary regarding
early detection and treatment.
(a) From funds made available for this purpose, the
Department shall publish, in layman's language, a standardized
written summary outlining methods for the early detection and
diagnosis of breast cancer. The summary shall include
recommended guidelines for screening and detection of breast
cancer through the use of techniques that shall include but
not be limited to self-examination, clinical breast exams, and
diagnostic radiology.
(b) The summary shall also inform suggest that women they
should seek mammography services only from facilities that are
certified to perform mammography as required by the federal
Mammography Quality Standards Act of 1992.
(c) The summary shall also include the medically viable
alternative methods for the treatment of breast cancer,

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including, but not limited to, hormonal, radiological,
chemotherapeutic, or surgical treatments or combinations
thereof. The summary shall contain information on breast
reconstructive surgery, including, but not limited to, the use
of breast implants and their side effects. The summary shall
inform the patient of the advantages, disadvantages, risks,
and dangers of the various procedures. The summary shall
include (i) a statement that mammography is the primary most
accurate method for making an early detection of breast
cancer, however, no diagnostic tool is 100% effective, (ii)
the benefits of clinical breast exams, and (iii) instructions
for performing breast self-examination and a statement that it
is important to perform a breast self-examination monthly.
(c-5) The summary shall specifically address the benefits
of early detection and review the clinical standard
recommendations by the Centers for Disease Control and
Prevention and the American Cancer Society for mammography,
clinical breast exams, and breast self-exams.
(c-10) (Blank). The summary shall also inform individuals
that public and private insurance providers shall pay for
clinical breast exams as part of an exam, as indicated by
guidelines of practice.
(c-15) The summary shall also inform individuals, in
layman's terms, of the meaning and consequences of "dense
breast tissue" under the guidelines of the Breast Imaging
Reporting and Data System of the American College of Radiology

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and potential recommended follow-up tests or studies.
(d) In developing the summary, the Department shall
consult with the Advisory Board of Cancer Control, the
Illinois State Medical Society and consumer groups. The
summary shall be updated by the Department every 2 years.
(e) The summaries shall additionally be translated into
Spanish, and the Department shall conduct a public information
campaign to distribute the summaries to the Hispanic women of
this State in order to inform them of the importance of early
detection and mammograms.
(f) The Department shall distribute the summary to
hospitals, public health centers, physicians, and other health
care professionals who are likely to perform or order
diagnostic tests for breast disease or treat breast cancer by
surgical or other medical methods. Those hospitals, public
health centers, physicians, and other health care
professionals shall make the summaries available to the
public. The Department shall also distribute the summaries to
any person, organization, or other interested parties upon
request. The summaries may be duplicated by any person,
provided the copies are identical to the current summary
prepared by the Department.
(g) The summary shall display, on the inside of its cover,
printed in capital letters, in bold face type, the following
paragraph:
"The information contained in this brochure regarding

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recommendations for early detection and diagnosis of breast
disease and alternative breast disease treatments is only for
the purpose of assisting you, the patient, in understanding
the medical information and advice offered by your physician.
This brochure cannot serve as a substitute for the sound
professional advice of your physician. The availability of
this brochure or the information contained within is not
intended to alter, in any way, the existing physician-patient
relationship, nor the existing professional obligations of
your physician in the delivery of medical services to you, the
patient."
(h) The summary shall be updated when necessary.
(Source: P.A. 98-502, eff. 1-1-14; 98-886, eff. 1-1-15;
99-581, eff. 1-1-17.)
Section 10. The Radiation Protection Act of 1990 is
amended by changing Section 5 as follows:
(420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5. Limitations on application of radiation to human
beings and requirements for radiation installation operators
providing mammography services.
(a) No person shall intentionally administer radiation to
a human being unless such person is licensed to practice a
treatment of human ailments by virtue of the Illinois Medical,

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Dental or Podiatric Medical Practice Acts, or, as physician
assistant, advanced practice registered nurse, technologist
technician, nurse, or other assistant, is acting under the
supervision, prescription or direction of such licensed
person. However, no such physician assistant, advanced
practice registered nurse, technologist technician, nurse, or
other assistant acting under the supervision of a person
licensed under the Medical Practice Act of 1987, shall
administer radiation to human beings unless accredited by the
Agency, except that persons enrolled in a course of education
approved by the Agency may apply ionizing radiation to human
beings as required by their course of study when under the
direct supervision of a person licensed under the Medical
Practice Act of 1987. No person authorized by this Section to
apply ionizing radiation shall apply such radiation except to
those parts of the human body specified in the Act under which
such person or his supervisor is licensed. No person may
operate a radiation installation where ionizing radiation is
administered to human beings unless all persons who administer
ionizing radiation in that radiation installation are
licensed, accredited, or exempted in accordance with this
Section. Nothing in this Section shall be deemed to relieve a
person from complying with the provisions of Section 10.
(b) In addition, no person shall provide mammography
services unless all of the following requirements are met:
(1) the mammography procedures are performed using a

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radiation machine that is specifically designed for
mammography;
(2) the mammography procedures are performed using a
radiation machine that is used solely for performing
mammography procedures;
(3) the mammography procedures are performed using
equipment that has been subjected to a quality assurance
program that satisfies quality assurance requirements
which the Agency shall establish by rule;
(4) beginning one year after the effective date of
this amendatory Act of 1991, if the mammography procedure
is performed by a radiologic technologist, that
technologist, in addition to being accredited by the
Agency to perform radiography, has satisfied training
requirements specific to mammography, which the Agency
shall establish by rule.
(c) Every operator of a radiation installation at which
mammography services are provided shall ensure and have
confirmed by each mammography patient that the patient is
provided with a printed or digital pamphlet that has been
prepared in accordance with Section 2310-345 of the Department
of Public Health Powers and Duties Law of the Civil
Administrative Code of Illinois, which which is orally
reviewed with the patient and which contains the following:
(1) how to perform breast self-examination;
(2) that early detection of breast cancer is maximized

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through a combined approach, using monthly breast
self-examination, a thorough physical examination
performed by a physician, and mammography performed at
recommended intervals;
(3) that mammography is the most accurate method for
making an early detection of breast cancer, however, no
diagnostic tool is 100% effective;
(4) that if the patient is self-referred and does not
have a primary care physician, or if the patient is
unfamiliar with the breast examination procedures, that
the patient has received information regarding public
health services where she can obtain a breast examination
and instructions.
(Source: P.A. 100-513, eff. 1-1-18.)