Full Text of SB3547 103rd General Assembly
SB3547 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB3547 Introduced 2/9/2024, by Sen. Suzy Glowiak Hilton SYNOPSIS AS INTRODUCED: | | 20 ILCS 2310/2310-345 | was 20 ILCS 2310/55.49 | 420 ILCS 40/5 | from Ch. 111 1/2, par. 210-5 |
| Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Deletes, from a provision concerning breast cancer-related educational materials that are to be prepared by the Department of Public Health, language recommending clinical breast exams as a method for detecting breast cancer. Amends the Radiation Protect Act of 1990. Requires mammography patients to receive the educational materials developed by the Department of Public Health. Effective immediately. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning State government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the Civil Administrative Code of Illinois is | 6 | | amended 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 | 9 | | early detection and treatment. | 10 | | (a) From funds made available for this purpose, the | 11 | | Department shall publish, in layman's language, a standardized | 12 | | written summary outlining methods for the early detection and | 13 | | diagnosis of breast cancer. The summary shall include | 14 | | recommended guidelines for screening and detection of breast | 15 | | cancer through the use of techniques that shall include but | 16 | | not be limited to self-examination , clinical breast exams, and | 17 | | diagnostic radiology. | 18 | | (b) The summary shall also suggest that women seek | 19 | | mammography services from facilities that are certified to | 20 | | perform mammography as required by the federal Mammography | 21 | | Quality Standards Act of 1992. | 22 | | (c) The summary shall also include the medically viable | 23 | | alternative methods for the treatment of breast cancer, |
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| 1 | | including, but not limited to, hormonal, radiological, | 2 | | chemotherapeutic, or surgical treatments or combinations | 3 | | thereof. The summary shall contain information on breast | 4 | | reconstructive surgery, including, but not limited to, the use | 5 | | of breast implants and their side effects. The summary shall | 6 | | inform the patient of the advantages, disadvantages, risks, | 7 | | and dangers of the various procedures. The summary shall | 8 | | include (i) a statement that mammography is the most accurate | 9 | | method for making an early detection of breast cancer, | 10 | | however, no diagnostic tool is 100% effective, and (ii) the | 11 | | benefits of clinical breast exams, and (iii) instructions for | 12 | | performing breast self-examination and a statement that it is | 13 | | important to perform a breast self-examination monthly. | 14 | | (c-5) The summary shall specifically address the benefits | 15 | | of early detection and review the clinical standard | 16 | | recommendations by the Centers for Disease Control and | 17 | | Prevention and the American Cancer Society for mammography , | 18 | | clinical breast exams, and breast self-exams. | 19 | | (c-10) The summary shall also inform individuals that | 20 | | public and private insurance providers shall pay for clinical | 21 | | breast exams as part of an exam, as indicated by guidelines of | 22 | | practice. | 23 | | (c-15) The summary shall also inform individuals, in | 24 | | layman's terms, of the meaning and consequences of "dense | 25 | | breast tissue" under the guidelines of the Breast Imaging | 26 | | Reporting and Data System of the American College of Radiology |
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| 1 | | and potential recommended follow-up tests or studies. | 2 | | (d) In developing the summary, the Department shall | 3 | | consult with the Advisory Board of Cancer Control, the | 4 | | Illinois State Medical Society and consumer groups. The | 5 | | summary shall be updated by the Department every 2 years. | 6 | | (e) The summaries shall additionally be translated into | 7 | | Spanish, and the Department shall conduct a public information | 8 | | campaign to distribute the summaries to the Hispanic women of | 9 | | this State in order to inform them of the importance of early | 10 | | detection and mammograms. | 11 | | (f) The Department shall distribute the summary to | 12 | | hospitals, public health centers, physicians, and other health | 13 | | care professionals who are likely to perform or order | 14 | | diagnostic tests for breast disease or treat breast cancer by | 15 | | surgical or other medical methods. Those hospitals, public | 16 | | health centers, physicians, and other health care | 17 | | professionals shall make the summaries available to the | 18 | | public. The Department shall also distribute the summaries to | 19 | | any person, organization, or other interested parties upon | 20 | | request. The summaries may be duplicated by any person, | 21 | | provided the copies are identical to the current summary | 22 | | prepared by the Department. | 23 | | (g) The summary shall display, on the inside of its cover, | 24 | | printed in capital letters, in bold face type, the following | 25 | | paragraph: | 26 | | "The information contained in this brochure regarding |
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| 1 | | recommendations for early detection and diagnosis of breast | 2 | | disease and alternative breast disease treatments is only for | 3 | | the purpose of assisting you, the patient, in understanding | 4 | | the medical information and advice offered by your physician. | 5 | | This brochure cannot serve as a substitute for the sound | 6 | | professional advice of your physician. The availability of | 7 | | this brochure or the information contained within is not | 8 | | intended to alter, in any way, the existing physician-patient | 9 | | relationship, nor the existing professional obligations of | 10 | | your physician in the delivery of medical services to you, the | 11 | | patient." | 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; | 14 | | 99-581, eff. 1-1-17 .) | 15 | | Section 10. The Radiation Protection Act of 1990 is | 16 | | amended 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 | 20 | | beings and requirements for radiation installation operators | 21 | | providing mammography services. | 22 | | (a) No person shall intentionally administer radiation to | 23 | | a human being unless such person is licensed to practice a | 24 | | treatment of human ailments by virtue of the Illinois Medical, |
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| 1 | | Dental or Podiatric Medical Practice Acts, or, as physician | 2 | | assistant, advanced practice registered nurse, technician, | 3 | | nurse, or other assistant, is acting under the supervision, | 4 | | prescription or direction of such licensed person. However, no | 5 | | such physician assistant, advanced practice registered nurse, | 6 | | technician, nurse, or other assistant acting under the | 7 | | supervision of a person licensed under the Medical Practice | 8 | | Act of 1987, shall administer radiation to human beings unless | 9 | | accredited by the Agency, except that persons enrolled in a | 10 | | course of education approved by the Agency may apply ionizing | 11 | | radiation to human beings as required by their course of study | 12 | | when under the direct supervision of a person licensed under | 13 | | the Medical Practice Act of 1987. No person authorized by this | 14 | | Section to apply ionizing radiation shall apply such radiation | 15 | | except to those parts of the human body specified in the Act | 16 | | under which such person or his supervisor is licensed. No | 17 | | person may operate a radiation installation where ionizing | 18 | | radiation is administered to human beings unless all persons | 19 | | who administer ionizing radiation in that radiation | 20 | | installation are licensed, accredited, or exempted in | 21 | | accordance with this Section. Nothing in this Section shall be | 22 | | deemed to relieve a person from complying with the provisions | 23 | | of Section 10. | 24 | | (b) In addition, no person shall provide mammography | 25 | | services 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 | 18 | | mammography services are provided shall ensure and have | 19 | | confirmed by each mammography patient that the patient is | 20 | | provided with a pamphlet prepared in accordance with Section | 21 | | 2310-345 of the Department of Public Health Powers and Duties | 22 | | Law of the Civil Administrative Code of Illinois which is | 23 | | orally reviewed with the patient and which contains the | 24 | | 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 | 16 | | becoming law. |
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