Public Act 100-0749
HB4392 EnrolledLRB100 18098 MJP 33291 b

    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.