Bill Text: NC S519 | 2013-2014 | Regular Session | Amended
Bill Title: Breast Density Notification & Awareness
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2013-04-01 - Ref To Com On Health Care [S519 Detail]
Download: North_Carolina-2013-S519-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 1
SENATE BILL 519
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Short Title: Breast Density Notification & Awareness. |
(Public) |
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Sponsors: |
Senators Robinson, Wade, Barringer (Primary Sponsors); and Randleman. |
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Referred to: |
Health Care. |
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April 1, 2013
A BILL TO BE ENTITLED
AN ACT requiring health care facilities that perform mammography examinations to notify each patient with dense breast tissue of the significance of breast density levels in the summary of the written mammography examination report provided to the patient.
Whereas, the National Cancer Institute estimates that one in eight women will develop breast cancer in their lifetime; and
Whereas, women with dense breast tissue (DBT) have a four to six times greater risk of developing breast cancer than other women of the same age and health; and
Whereas, 40% of women who undergo a mammography examination have DBT; and
Whereas, research has shown that up to 75% of cancer is undetected in women with DBT by mammography examination alone; and
Whereas, according to the National Cancer Institute, the presence of DBT is the main reason a mammography examination fails to detect cancer; and
Whereas, a May 2010 national survey by Harris Interactive found that 95% of women do not know if they have dense breast tissue; and
Whereas, although DBT is recorded as part of a mammography examination, it is estimated that physicians have spoken to less than one in ten women, or 9%, about DBT; and
Whereas, requiring information about a woman's DBT will lead to more women surviving breast cancer due to early detection when the cancer is most treatable and a woman has the best prognosis; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. Article 7 of Chapter 130A of the General Statutes is amended by adding a new section to read:
"§ 130A‑215.5. Breast density notification and awareness.
(a) Each health care facility that performs mammography examinations shall, if a patient is categorized by the facility as having heterogeneously dense breasts or extremely dense breasts, based on the Breast Imaging Reporting and Data System established by the American College of Radiology, include in the summary of the written report of the mammography examination required by the federal Mammography Quality Standards Act to be sent to the patient in terms easily understood by a lay person, the following notice: "Your mammogram indicates that you have dense breast tissue. Dense breast tissue is a relatively common condition. Although common, both cancerous and noncancerous abnormalities may be more difficult to distinguish against a background of dense breast tissue. Dense breast tissue may be associated with an increased risk of breast cancer and you may benefit from supplemental screening tests as suggested by your physician. This information about the results of your mammogram is being provided to you to raise your awareness and to inform your conversations with your physician. Together, you can decide which screening options are right for you. A report of your results was sent to your physician."
(b) This section shall not be construed to do any of the following:
(1) Create or impose liability on a health care facility for failing to comply with the requirements of this section prior to October 1, 2013.
(2) Create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this section.
(3) Require a notice that is inconsistent with 42 U.S.C. § 263b(f)(1)(G)(ii) of the federal Mammography Quality Standards Act, as from time to time amended, or any regulations adopted pursuant to that act."
SECTION 2. G.S. 130A‑211 reads as rewritten:
"§ 130A‑211. Immunity of persons who report cancer.
A person who makes a report pursuant to G.S. 130A‑209
or 130A‑210 to the central cancer registry shall be immune from
any civil or criminal liability that might otherwise be incurred or imposed."
SECTION 3. This act becomes effective October 1, 2013.
