Senate File 77 - Introduced SENATE FILE 77 BY SINCLAIR A BILL FOR An Act establishing a notification requirement for mammogram 1 reports to patients. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1703XS (1) 87 pf/nh

S.F. 77 Sec. 2. Section 136C.3, subsection 10, Code 2017, is amended 1 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, 2018, 9 a facility at which mammography services are performed shall 10 include information on breast density in mammogram reports sent 11 to patients pursuant to regulations implementing the federal 12 Mammography Quality Standards Act of 1992, Pub. L. No. 102-539, 13 as amended. If a patient is categorized by an interpreting 14 physician at the facility as having heterogeneously dense 15 breasts or extremely dense breasts based on standards as 16 defined in nationally recognized guidelines or systems for 17 breast imaging reporting of mammography screening, including 18 the breast imaging reporting and data system of the American 19 college of radiology, the report to the patient shall include 20 notice that the patient has dense breast tissue, that this may 21 make it more difficult to detect cancer on a mammogram, and 22 that it may increase the patient’s risk of breast cancer. The 23 notice may contain the following language: 24 “State law requires the following notification: 25 Your mammogram indicates that you have dense breast tissue. 26 Dense breast tissue may make it more difficult to evaluate the 27 results of your mammogram and may also be associated with an 28 increased risk of breast cancer. You are encouraged to consult 29 with your primary health care provider regarding the results of 30 your mammogram. Together you can best decide which additional 31 screening options may be right for you based on your mammogram 32 results, individual risk factors, or physical examination.” 33 (2) Nothing in this paragraph “b” shall be construed to 34 modify the existing liability of a facility where mammography 35 -1- LSB 1703XS (1) 87 pf/nh 1/ 2

S.F. 77 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 to patients. The bill directs the department 12 of public health to adopt rules that require a facility 13 performing mammography services to include information on 14 breast density in reports sent to patients pursuant to federal 15 law and rules. If a patient is categorized by an interpreting 16 physician at the facility as having heterogeneously dense 17 breasts or extremely dense breasts based on national standards 18 the report to the patient must include notice that the patient 19 has dense breast tissue, that this may make it more difficult 20 to detect cancer on a mammogram, and that it may increase the 21 patient’s risk of breast cancer. The bill provides language 22 that such notice may contain. 23 The bill’s provisions are not to be construed to modify 24 the existing liability of a facility performing mammography 25 services beyond the duty to provide the breast density 26 information. 27 Facilities providing mammography services must comply with 28 the bill’s requirements by January 1, 2018. 29 -2- LSB 1703XS (1) 87 pf/nh 2/ 2