HF 2039 (LSB 5207YH (3) 85)

HOUSE FILE 2039

BY  H. MILLER, HIGHFILL, S. OLSON, OURTH, SCHULTZ, HAGENOW, LUNDBY, WOOD, DAWSON, RUNNING-MARQUARDT, STAED, STECKMAN, WESSEL-KROESCHELL, OLDSON, RIDING, MURPHY, BEARINGER, STUTSMAN, MEYER, HEDDENS, KELLEY, GASKILL, PRICHARD, THEDE, KEARNS, THOMAS, WOLFE, KRESSIG, LENSING, WINCKLER, and HUNTER

A BILL FOR

An Act establishing a notification requirement for mammogram reports and written statements to patients.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 136C.3, subsection 10, Code 2014, is amended to read as follows:
   10.  a.  Adopt rules specifying the minimum training and performance standards for an individual using a radiation machine for mammography, and other rules necessary to implement section 136C.15. The rules shall complement federal requirements applicable to similar radiation machinery and shall not be less stringent than those federal requirements.
   b.  (1)  Adopt rules to require that, by January 1, 2015, a facility where mammography services are performed shall include information on breast density in mammogram reports sent to referring physicians and written statements sent to patients pursuant to regulations implementing the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended. A written statement sent to a patient shall include information that identifies the patient’s individual breast tissue classification based on the breast imaging reporting and data system established by the American college of radiology. If the interpreting physician, based on standards promulgated by the American college of radiology, determines that a patient has heterogeneously or extremely dense breasts, the written statement of the mammography report shall also include the following language:
  Your mammography indicates that you have dense breast tissue. Dense breast tissue is relatively common and is found in forty percent of women. The presence of dense tissue makes it more difficult to detect cancers in the breast and may be associated with an increased risk of breast cancer. We are providing this information to raise your awareness of this important factor and to encourage you to discuss with your health care providers your dense breast tissue and other breast cancer risk factors. Together, you can decide which screening options are right for you. A report of your results was sent to your physician.

   (2)  Nothing in this paragraph “b” shall be construed to create or impose liability on a facility where mammography services are performed beyond the duty to provide the information set forth in this paragraph “b”.
   (3)  Nothing in this paragraph “b” shall be deemed to require a notice or the provision of information that is inconsistent with the provisions of the federal Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, as amended, or any regulations promulgated pursuant to that Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill establishes a notification requirement for mammogram reports and written statements to patients. The bill directs the department of public health to adopt rules that require a facility performing mammography services to include information on breast density in reports sent to referring physicians and written statements sent to patients pursuant to federal law and rules. If a patient has dense breast tissue, as determined by the interpreting physician based on standards promulgated by the American college of radiology, the written statement must contain a notice with the language provided in the bill. The notice informs the patient that the mammogram demonstrates the patient has dense breast tissue and encourages the patient to contact health care providers to determine risk factors and screening options.
   The bill’s provisions are not to be construed to impose liability on the facility performing mammography services beyond the duty to provide the breast density information.
   Facilities providing mammography services must comply with the bill’s requirements by January 1, 2015.