State of Illinois
90th General Assembly
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90_HB0670

      20 ILCS 2310/55.49        from Ch. 127, par. 55.49
          Amends the Civil Administrative Code.   Provides  that  a
      treating   physician   shall   provide  a  summary  outlining
      medically viable alternative methods  for  the  treatment  of
      breast  cancer and other information to any patient diagnosed
      as having breast cancer.
                                                     LRB9003650KDks
                                               LRB9003650KDks
 1        AN ACT to amend the Civil Administrative Code by changing
 2    Section 55.49.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Civil Administrative Code of Illinois is
 6    amended by changing Section 55.49 as follows:
 7        (20 ILCS 2310/55.49) (from Ch. 127, par. 55.49)
 8        Sec. 55.49.  (a)  From  funds  made  available  for  this
 9    purpose,  the  Department  of Public Health shall publish, in
10    layman's language, a standardized written  summary  outlining
11    methods  for  the  early  detection  and  diagnosis of breast
12    cancer.  The summary shall include recommended guidelines for
13    screening and detection of breast cancer through the  use  of
14    techniques   that   shall  include  but  not  be  limited  to
15    self-examination and diagnostic radiology.
16        (b)  The summary  shall  also  suggest  that  women  seek
17    mammography  services  from  facilities that are certified to
18    perform mammography as required by  the  federal  Mammography
19    Quality Standards Act of 1992.
20        (c)  The  summary shall also include the medically viable
21    alternative methods  for  the  treatment  of  breast  cancer,
22    including,   but  not  limited  to,  hormonal,  radiological,
23    chemotherapeutic, or  surgical  treatments,  or  combinations
24    thereof.   The  summary  shall  contain information on breast
25    reconstructive surgery, including, but not  limited  to,  the
26    use  of  breast  implants and their side effects. The summary
27    shall inform the patient of  the  advantages,  disadvantages,
28    risks  and  dangers  of  the  various procedures. The summary
29    shall include (i) a statement that mammography  is  the  most
30    accurate  method  for  making  an  early  detection of breast
31    cancer, however, no diagnostic tool  is  100%  effective  and
                            -2-                LRB9003650KDks
 1    (ii)  instructions  for  instructions  for  performing breast
 2    self-examination and a statement  that  it  is  important  to
 3    perform a breast self-examination monthly.
 4        (d)  In  developing  the  summary,  the  Department shall
 5    consult with  the  Advisory  Board  of  Cancer  Control,  the
 6    Illinois  State  Medical  Society  and  consumer groups.  The
 7    summary shall be updated by the Department every 2 years.
 8        (e)  The summaries shall additionally be translated  into
 9    Spanish,   and   the   Department   shall  conduct  a  public
10    information campaign  to  distribute  the  summaries  to  the
11    Hispanic  women  of this State in order to inform them of the
12    importance of early detection and mammograms.
13        (f)  The  Department  shall  distribute  the  summary  to
14    hospitals, public  health  centers  and  physicians  who  are
15    likely  to  perform  or  order  diagnostic  tests  for breast
16    disease or treat breast cancer by surgical or  other  medical
17    methods.    Those   hospitals,   public  health  centers  and
18    physicians shall make the summaries available to the  public.
19    The summary for alternative breast cancer treatments shall be
20    provided  by a physician to each person under his or her care
21    who has been diagnosed as  having  breast  cancer,  upon  the
22    diagnosis,  or  as  soon after the diagnosis as possible. The
23    Department shall also distribute the summaries to any person,
24    organization or other interested parties upon  request.   The
25    summaries  may  be  duplicated  by  any person, provided such
26    copies are identical to the current summary prepared  by  the
27    Department.
28        (g)  The  summary  shall  display,  on  the inside of its
29    cover, printed in capital letters, in  bold  face  type,  the
30    following paragraph:
31        "The  information  contained  in  this brochure regarding
32    recommendations for early detection and diagnosis  of  breast
33    disease and alternative breast disease treatments is only for
34    the  purpose  of assisting you, the patient, in understanding
                            -3-                LRB9003650KDks
 1    the medical information and advice offered by your physician.
 2    This brochure cannot serve as  a  substitute  for  the  sound
 3    professional  advice  of your physician.  The availability of
 4    this brochure or the  information  contained  within  is  not
 5    intended to alter, in any way, the existing physician-patient
 6    relationship,  nor  the  existing professional obligations of
 7    your physician in the delivery of medical  services  to  you,
 8    the patient."
 9        (h)  The summary shall be updated when necessary.
10    (Source: P.A. 89-187, eff. 7-19-95.)

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