BILL NUMBER: SB 1538	CHAPTERED
	BILL TEXT

	CHAPTER  458
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2012
	PASSED THE SENATE  AUGUST 29, 2012
	PASSED THE ASSEMBLY  AUGUST 28, 2012
	AMENDED IN ASSEMBLY  AUGUST 22, 2012
	AMENDED IN ASSEMBLY  JUNE 19, 2012
	AMENDED IN SENATE  MARCH 27, 2012

INTRODUCED BY   Senator Simitian
   (Principal coauthors: Senators Alquist and Runner)
   (Principal coauthor: Assembly Member Nielsen)
   (Coauthors: Senators Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Huff, La Malfa, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright, Wyland, and
Yee)
   (Coauthors: Assembly Members Achadjian, Alejo, Allen, Beall, Bill
Berryhill, Block, Bonilla, Brownley, Buchanan, Butler, Charles
Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Eng, Feuer, Fletcher, Fong, Furutani, Galgiani, Garrick, Gatto,
Grove, Hagman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber,
Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Morrell, Nestande,
Olsen, Perea, V. Manuel Pérez, Portantino, Skinner, Smyth, Solorio,
Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, and Yamada)

                        FEBRUARY 24, 2012

   An act to add and repeal Section 123222.3 of the Health and Safety
Code, relating to mammograms.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1538, Simitian. Health care: mammograms.
   Existing law requires specified information to be provided to
patients regarding their health care. Existing federal law requires a
written report of the results of each mammography examination and
requires a summary of that report to be sent to the patient within a
specified time period.
   This bill, from April 1, 2013, until January 1, 2019, would
require, under specified circumstances, a health facility at which a
mammography examination is performed to include in the summary of the
written report that is sent to the patient a prescribed notice on
breast density.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 123222.3 is added to the Health and Safety
Code, to read:
   123222.3.  (a) A health facility at which a mammography
examination is performed 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 that is sent to the patient, as
required by federal law, the following notice:

   Your mammogram shows that your breast tissue is dense. Dense
breast tissue is common and is not abnormal. However, dense breast
tissue can make it harder to evaluate the results of your mammogram
and may also be associated with an increased risk of breast cancer.
   This information about the results of your mammogram is given to
you to raise your awareness and to inform your conversations with
your doctor. 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 become operative on April 1, 2013.
   (c) (1) Nothing in this section shall be construed to create or
impose liability on a health care facility for failing to comply with
the requirements of this section prior to April 1, 2013.
   (2) Nothing in this section shall be deemed to create a duty of
care or other legal obligation beyond the duty to provide notice as
set forth in this section.
   (3) Nothing in this section shall be deemed to require a notice
that is inconsistent with the provisions of the federal Mammography
Quality Standards Act (42 U.S.C. Sec. 263b) or any regulations
promulgated pursuant to that act.
   (d) This section shall remain in effect only until January 1,
2019, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2019, deletes or extends
that date.