Sen. Suzy Glowiak Hilton

Filed: 3/14/2024

 

 


 

 


 
10300SB3547sam001LRB103 38313 RPS 70803 a

1
AMENDMENT TO SENATE BILL 3547

2    AMENDMENT NO. ______. Amend Senate Bill 3547 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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1diagnostic radiology.
2    (b) The summary shall also inform suggest that women they
3should seek mammography services only from facilities that are
4certified to perform mammography as required by the federal
5Mammography Quality Standards Act of 1992.
6    (c) The summary shall also include the medically viable
7alternative methods for the treatment of breast cancer,
8including, but not limited to, hormonal, radiological,
9chemotherapeutic, or surgical treatments or combinations
10thereof. The summary shall contain information on breast
11reconstructive surgery, including, but not limited to, the use
12of breast implants and their side effects. The summary shall
13inform the patient of the advantages, disadvantages, risks,
14and dangers of the various procedures. The summary shall
15include (i) a statement that mammography is the primary most
16accurate method for making an early detection of breast
17cancer, however, no diagnostic tool is 100% effective, (ii)
18the benefits of clinical breast exams, and (iii) instructions
19for performing breast self-examination and a statement that it
20is important to perform a breast self-examination monthly.
21    (c-5) The summary shall specifically address the benefits
22of early detection and review the clinical standard
23recommendations by the Centers for Disease Control and
24Prevention and the American Cancer Society for mammography,
25clinical breast exams, and breast self-exams.
26    (c-10) (Blank). The summary shall also inform individuals

 

 

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1that public and private insurance providers shall pay for
2clinical breast exams as part of an exam, as indicated by
3guidelines of practice.
4    (c-15) The summary shall also inform individuals, in
5layman's terms, of the meaning and consequences of "dense
6breast tissue" under the guidelines of the Breast Imaging
7Reporting and Data System of the American College of Radiology
8and potential recommended follow-up tests or studies.
9    (d) In developing the summary, the Department shall
10consult with the Advisory Board of Cancer Control, the
11Illinois State Medical Society and consumer groups. The
12summary shall be updated by the Department every 2 years.
13    (e) The summaries shall additionally be translated into
14Spanish, and the Department shall conduct a public information
15campaign to distribute the summaries to the Hispanic women of
16this State in order to inform them of the importance of early
17detection and mammograms.
18    (f) The Department shall distribute the summary to
19hospitals, public health centers, physicians, and other health
20care professionals who are likely to perform or order
21diagnostic tests for breast disease or treat breast cancer by
22surgical or other medical methods. Those hospitals, public
23health centers, physicians, and other health care
24professionals shall make the summaries available to the
25public. The Department shall also distribute the summaries to
26any person, organization, or other interested parties upon

 

 

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1request. The summaries may be duplicated by any person,
2provided the copies are identical to the current summary
3prepared by the Department.
4    (g) The summary shall display, on the inside of its cover,
5printed in capital letters, in bold face type, the following
6paragraph:
7    "The information contained in this brochure regarding
8recommendations for early detection and diagnosis of breast
9disease and alternative breast disease treatments is only for
10the purpose of assisting you, the patient, in understanding
11the medical information and advice offered by your physician.
12This brochure cannot serve as a substitute for the sound
13professional advice of your physician. The availability of
14this brochure or the information contained within is not
15intended to alter, in any way, the existing physician-patient
16relationship, nor the existing professional obligations of
17your physician in the delivery of medical services to you, the
18patient."
19    (h) The summary shall be updated when necessary.
20(Source: P.A. 98-502, eff. 1-1-14; 98-886, eff. 1-1-15;
2199-581, eff. 1-1-17.)
 
22    Section 10. The Radiation Protection Act of 1990 is
23amended by changing Section 5 as follows:
 
24    (420 ILCS 40/5)  (from Ch. 111 1/2, par. 210-5)

 

 

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1    (Section scheduled to be repealed on January 1, 2027)
2    Sec. 5. Limitations on application of radiation to human
3beings and requirements for radiation installation operators
4providing mammography services.
5    (a) No person shall intentionally administer radiation to
6a human being unless such person is licensed to practice a
7treatment of human ailments by virtue of the Illinois Medical,
8Dental or Podiatric Medical Practice Acts, or, as physician
9assistant, advanced practice registered nurse, technologist
10technician, nurse, or other assistant, is acting under the
11supervision, prescription or direction of such licensed
12person. However, no such physician assistant, advanced
13practice registered nurse, technologist technician, nurse, or
14other assistant acting under the supervision of a person
15licensed under the Medical Practice Act of 1987, shall
16administer radiation to human beings unless accredited by the
17Agency, except that persons enrolled in a course of education
18approved by the Agency may apply ionizing radiation to human
19beings as required by their course of study when under the
20direct supervision of a person licensed under the Medical
21Practice Act of 1987. No person authorized by this Section to
22apply ionizing radiation shall apply such radiation except to
23those parts of the human body specified in the Act under which
24such person or his supervisor is licensed. No person may
25operate a radiation installation where ionizing radiation is
26administered to human beings unless all persons who administer

 

 

10300SB3547sam001- 6 -LRB103 38313 RPS 70803 a

1ionizing radiation in that radiation installation are
2licensed, accredited, or exempted in accordance with this
3Section. Nothing in this Section shall be deemed to relieve a
4person from complying with the provisions of Section 10.
5    (b) In addition, no person shall provide mammography
6services unless all of the following requirements are met:
7        (1) the mammography procedures are performed using a
8    radiation machine that is specifically designed for
9    mammography;
10        (2) the mammography procedures are performed using a
11    radiation machine that is used solely for performing
12    mammography procedures;
13        (3) the mammography procedures are performed using
14    equipment that has been subjected to a quality assurance
15    program that satisfies quality assurance requirements
16    which the Agency shall establish by rule;
17        (4) beginning one year after the effective date of
18    this amendatory Act of 1991, if the mammography procedure
19    is performed by a radiologic technologist, that
20    technologist, in addition to being accredited by the
21    Agency to perform radiography, has satisfied training
22    requirements specific to mammography, which the Agency
23    shall establish by rule.
24    (c) Every operator of a radiation installation at which
25mammography services are provided shall ensure and have
26confirmed by each mammography patient that the patient is

 

 

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1provided with a printed or digital pamphlet that has been
2prepared in accordance with Section 2310-345 of the Department
3of Public Health Powers and Duties Law of the Civil
4Administrative Code of Illinois, which which is orally
5reviewed with the patient and which contains the following:
6        (1) how to perform breast self-examination;
7        (2) that early detection of breast cancer is maximized
8    through a combined approach, using monthly breast
9    self-examination, a thorough physical examination
10    performed by a physician, and mammography performed at
11    recommended intervals;
12        (3) that mammography is the most accurate method for
13    making an early detection of breast cancer, however, no
14    diagnostic tool is 100% effective;
15        (4) that if the patient is self-referred and does not
16    have a primary care physician, or if the patient is
17    unfamiliar with the breast examination procedures, that
18    the patient has received information regarding public
19    health services where she can obtain a breast examination
20    and instructions.
21(Source: P.A. 100-513, eff. 1-1-18.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".