Public Act 0749 100TH GENERAL ASSEMBLY

HB4392 Enrolled LRB100 18098 MJP 33291 b

Public Act 100-0749

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois is amended by adding Section 2310-697 as follows:

(20 ILCS 2310/2310-697 new)

Sec. 2310-697. Breast cancer; duty of providers of mammography services to notify and inform.

(a) As used in this Section, "dense breast tissue" means heterogeneously dense or extremely dense tissue as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including, but not limited to, the Breast Imaging Reporting and Data System established by the American College of Radiology, and any equivalent new terms, as such guidelines are updated.

(b) If a patient's mammogram demonstrates dense breast tissue, the Department shall require every provider of mammography services to include in a summary of the mammography report sent to the patient in accordance with the federal Mammography Quality Standards Act a notice substantially similar to the following:

"Your mammogram indicates you have dense breast tissue. Dense breast tissue is normal and identified on mammograms in about 50% of women. Dense breast tissue can make it more difficult to detect cancer on a mammogram and may be associated with an increased risk for breast cancer. Despite these limitations, screening mammograms have been proven to save lives. Continue to have routine screening mammography whether or not additional exams are suggested for you. This information is provided to raise your awareness of the impact of breast density on cancer detection. For further information about dense breast tissue, as well as other breast cancer risk factors, contact your breast imaging health care provider.".

(c) A facility that performs mammography may update the language in the notice under subsection (b) to reflect advances in science and technology, as long as it continues to notify patients about dense breast tissue and its effect on the accuracy of mammograms and encourage patients to discuss the issue with their health care provider.

(d) This Section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this Section.