House File 2039 - Introduced 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 1 reports and written statements to patients. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5207YH (3) 85 ad/nh

H.F. 2039 Section 1. Section 136C.3, subsection 10, Code 2014, is 1 amended to read as follows: 2 10. a. Adopt rules specifying the minimum training and 3 performance standards for an individual using a radiation 4 machine for mammography, and other rules necessary to 5 implement section 136C.15 . The rules shall complement federal 6 requirements applicable to similar radiation machinery and 7 shall not be less stringent than those federal requirements. 8 b. (1) Adopt rules to require that, by January 1, 2015, a 9 facility where mammography services are performed shall include 10 information on breast density in mammogram reports sent to 11 referring physicians and written statements sent to patients 12 pursuant to regulations implementing the federal Mammography 13 Quality Standards Act of 1992, Pub. L. No. 102-539, as amended. 14 A written statement sent to a patient shall include information 15 that identifies the patient’s individual breast tissue 16 classification based on the breast imaging reporting and data 17 system established by the American college of radiology. If 18 the interpreting physician, based on standards promulgated by 19 the American college of radiology, determines that a patient 20 has heterogeneously or extremely dense breasts, the written 21 statement of the mammography report shall also include the 22 following language: 23 Your mammography indicates that you have dense breast tissue. 24 Dense breast tissue is relatively common and is found in forty 25 percent of women. The presence of dense tissue makes it more 26 difficult to detect cancers in the breast and may be associated 27 with an increased risk of breast cancer. We are providing this 28 information to raise your awareness of this important factor 29 and to encourage you to discuss with your health care providers 30 your dense breast tissue and other breast cancer risk factors. 31 Together, you can decide which screening options are right for 32 you. A report of your results was sent to your physician. 33 (2) Nothing in this paragraph “b” shall be construed to 34 create or impose liability on a facility where mammography 35 -1- LSB 5207YH (3) 85 ad/nh 1/ 2

H.F. 2039 services are performed beyond the duty to provide the 1 information set forth in this paragraph “b” . 2 (3) Nothing in this paragraph “b” shall be deemed to require 3 a notice or the provision of information that is inconsistent 4 with the provisions of the federal Mammography Quality 5 Standards Act of 1992, Pub. L. No. 102-539, as amended, or any 6 regulations promulgated pursuant to that Act. 7 EXPLANATION 8 The inclusion of this explanation does not constitute agreement with 9 the explanation’s substance by the members of the general assembly. 10 This bill establishes a notification requirement for 11 mammogram reports and written statements to patients. The bill 12 directs the department of public health to adopt rules that 13 require a facility performing mammography services to include 14 information on breast density in reports sent to referring 15 physicians and written statements sent to patients pursuant to 16 federal law and rules. If a patient has dense breast tissue, 17 as determined by the interpreting physician based on standards 18 promulgated by the American college of radiology, the written 19 statement must contain a notice with the language provided in 20 the bill. The notice informs the patient that the mammogram 21 demonstrates the patient has dense breast tissue and encourages 22 the patient to contact health care providers to determine risk 23 factors and screening options. 24 The bill’s provisions are not to be construed to impose 25 liability on the facility performing mammography services 26 beyond the duty to provide the breast density information. 27 Facilities providing mammography services must comply with 28 the bill’s requirements by January 1, 2015. 29 -2- LSB 5207YH (3) 85 ad/nh 2/ 2