SB3547 EngrossedLRB103 38313 CES 68448 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by changing Section 2310-345 as follows:
 
7    (20 ILCS 2310/2310-345)  (was 20 ILCS 2310/55.49)
8    Sec. 2310-345. Breast cancer; written summary regarding
9early detection and treatment.
10    (a) From funds made available for this purpose, the
11Department shall publish, in layman's language, a standardized
12written summary outlining methods for the early detection and
13diagnosis of breast cancer. The summary shall include
14recommended guidelines for screening and detection of breast
15cancer through the use of techniques that shall include but
16not be limited to self-examination, clinical breast exams, and
17diagnostic radiology.
18    (b) The summary shall also inform suggest that women they
19should seek mammography services only from facilities that are
20certified to perform mammography as required by the federal
21Mammography Quality Standards Act of 1992.
22    (c) The summary shall also include the medically viable
23alternative methods for the treatment of breast cancer,

 

 

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1including, but not limited to, hormonal, radiological,
2chemotherapeutic, or surgical treatments or combinations
3thereof. The summary shall contain information on breast
4reconstructive surgery, including, but not limited to, the use
5of breast implants and their side effects. The summary shall
6inform the patient of the advantages, disadvantages, risks,
7and dangers of the various procedures. The summary shall
8include (i) a statement that mammography is the primary most
9accurate method for making an early detection of breast
10cancer, however, no diagnostic tool is 100% effective, (ii)
11the benefits of clinical breast exams, and (iii) instructions
12for performing breast self-examination and a statement that it
13is important to perform a breast self-examination monthly.
14    (c-5) The summary shall specifically address the benefits
15of early detection and review the clinical standard
16recommendations by the Centers for Disease Control and
17Prevention and the American Cancer Society for mammography,
18clinical breast exams, and breast self-exams.
19    (c-10) (Blank). The summary shall also inform individuals
20that public and private insurance providers shall pay for
21clinical breast exams as part of an exam, as indicated by
22guidelines of practice.
23    (c-15) The summary shall also inform individuals, in
24layman's terms, of the meaning and consequences of "dense
25breast tissue" under the guidelines of the Breast Imaging
26Reporting and Data System of the American College of Radiology

 

 

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1and potential recommended follow-up tests or studies.
2    (d) In developing the summary, the Department shall
3consult with the Advisory Board of Cancer Control, the
4Illinois State Medical Society and consumer groups. The
5summary shall be updated by the Department every 2 years.
6    (e) The summaries shall additionally be translated into
7Spanish, and the Department shall conduct a public information
8campaign to distribute the summaries to the Hispanic women of
9this State in order to inform them of the importance of early
10detection and mammograms.
11    (f) The Department shall distribute the summary to
12hospitals, public health centers, physicians, and other health
13care professionals who are likely to perform or order
14diagnostic tests for breast disease or treat breast cancer by
15surgical or other medical methods. Those hospitals, public
16health centers, physicians, and other health care
17professionals shall make the summaries available to the
18public. The Department shall also distribute the summaries to
19any person, organization, or other interested parties upon
20request. The summaries may be duplicated by any person,
21provided the copies are identical to the current summary
22prepared by the Department.
23    (g) The summary shall display, on the inside of its cover,
24printed in capital letters, in bold face type, the following
25paragraph:
26    "The information contained in this brochure regarding

 

 

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1recommendations for early detection and diagnosis of breast
2disease and alternative breast disease treatments is only for
3the purpose of assisting you, the patient, in understanding
4the medical information and advice offered by your physician.
5This brochure cannot serve as a substitute for the sound
6professional advice of your physician. The availability of
7this brochure or the information contained within is not
8intended to alter, in any way, the existing physician-patient
9relationship, nor the existing professional obligations of
10your physician in the delivery of medical services to you, the
11patient."
12    (h) The summary shall be updated when necessary.
13(Source: P.A. 98-502, eff. 1-1-14; 98-886, eff. 1-1-15;
1499-581, eff. 1-1-17.)
 
15    Section 10. The Radiation Protection Act of 1990 is
16amended by changing Section 5 as follows:
 
17    (420 ILCS 40/5)  (from Ch. 111 1/2, par. 210-5)
18    (Section scheduled to be repealed on January 1, 2027)
19    Sec. 5. Limitations on application of radiation to human
20beings and requirements for radiation installation operators
21providing mammography services.
22    (a) No person shall intentionally administer radiation to
23a human being unless such person is licensed to practice a
24treatment of human ailments by virtue of the Illinois Medical,

 

 

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1Dental or Podiatric Medical Practice Acts, or, as physician
2assistant, advanced practice registered nurse, technologist
3technician, nurse, or other assistant, is acting under the
4supervision, prescription or direction of such licensed
5person. However, no such physician assistant, advanced
6practice registered nurse, technologist technician, nurse, or
7other assistant acting under the supervision of a person
8licensed under the Medical Practice Act of 1987, shall
9administer radiation to human beings unless accredited by the
10Agency, except that persons enrolled in a course of education
11approved by the Agency may apply ionizing radiation to human
12beings as required by their course of study when under the
13direct supervision of a person licensed under the Medical
14Practice Act of 1987. No person authorized by this Section to
15apply ionizing radiation shall apply such radiation except to
16those parts of the human body specified in the Act under which
17such person or his supervisor is licensed. No person may
18operate a radiation installation where ionizing radiation is
19administered to human beings unless all persons who administer
20ionizing radiation in that radiation installation are
21licensed, accredited, or exempted in accordance with this
22Section. Nothing in this Section shall be deemed to relieve a
23person from complying with the provisions of Section 10.
24    (b) In addition, no person shall provide mammography
25services unless all of the following requirements are met:
26        (1) the mammography procedures are performed using a

 

 

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1    radiation machine that is specifically designed for
2    mammography;
3        (2) the mammography procedures are performed using a
4    radiation machine that is used solely for performing
5    mammography procedures;
6        (3) the mammography procedures are performed using
7    equipment that has been subjected to a quality assurance
8    program that satisfies quality assurance requirements
9    which the Agency shall establish by rule;
10        (4) beginning one year after the effective date of
11    this amendatory Act of 1991, if the mammography procedure
12    is performed by a radiologic technologist, that
13    technologist, in addition to being accredited by the
14    Agency to perform radiography, has satisfied training
15    requirements specific to mammography, which the Agency
16    shall establish by rule.
17    (c) Every operator of a radiation installation at which
18mammography services are provided shall ensure and have
19confirmed by each mammography patient that the patient is
20provided with a printed or digital pamphlet that has been
21prepared in accordance with Section 2310-345 of the Department
22of Public Health Powers and Duties Law of the Civil
23Administrative Code of Illinois, which which is orally
24reviewed with the patient and which contains the following:
25        (1) how to perform breast self-examination;
26        (2) that early detection of breast cancer is maximized

 

 

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1    through a combined approach, using monthly breast
2    self-examination, a thorough physical examination
3    performed by a physician, and mammography performed at
4    recommended intervals;
5        (3) that mammography is the most accurate method for
6    making an early detection of breast cancer, however, no
7    diagnostic tool is 100% effective;
8        (4) that if the patient is self-referred and does not
9    have a primary care physician, or if the patient is
10    unfamiliar with the breast examination procedures, that
11    the patient has received information regarding public
12    health services where she can obtain a breast examination
13    and instructions.
14(Source: P.A. 100-513, eff. 1-1-18.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.