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Public Act 103-1012 Public Act 1012 103RD GENERAL ASSEMBLY | Public Act 103-1012 | SB3547 Enrolled | LRB103 38313 CES 68448 b |
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| AN ACT concerning State government. | 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 changing Section 2310-345 as follows: | (20 ILCS 2310/2310-345) (was 20 ILCS 2310/55.49) | Sec. 2310-345. Breast cancer; written summary regarding | early detection and treatment. | (a) From funds made available for this purpose, the | Department shall publish, in layman's language, a standardized | written summary outlining methods for the early detection and | diagnosis of breast cancer. The summary shall include | recommended guidelines for screening and detection of breast | cancer through the use of techniques that shall include but | not be limited to self-examination, clinical breast exams, and | diagnostic radiology . | (b) The summary shall also inform suggest that women they | should seek mammography services only from facilities that are | certified to perform mammography as required by the federal | Mammography Quality Standards Act of 1992. | (c) The summary shall also include the medically viable | alternative methods for the treatment of breast cancer, |
| including, but not limited to, hormonal, radiological, | chemotherapeutic, or surgical treatments or combinations | thereof. The summary shall contain information on breast | reconstructive surgery, including, but not limited to, the use | of breast implants and their side effects. The summary shall | inform the patient of the advantages, disadvantages, risks, | and dangers of the various procedures. The summary shall | include (i) a statement that mammography is the primary most | accurate method for making an early detection of breast | cancer, however, no diagnostic tool is 100% effective , (ii) | the benefits of clinical breast exams, and (iii) instructions | for performing breast self-examination and a statement that it | is important to perform a breast self-examination monthly . | (c-5) The summary shall specifically address the benefits | of early detection and review the clinical standard | recommendations by the Centers for Disease Control and | Prevention and the American Cancer Society for mammography , | clinical breast exams, and breast self-exams . | (c-10) (Blank). The summary shall also inform individuals | that public and private insurance providers shall pay for | clinical breast exams as part of an exam, as indicated by | guidelines of practice. | (c-15) The summary shall also inform individuals, in | layman's terms, of the meaning and consequences of "dense | breast tissue" under the guidelines of the Breast Imaging | Reporting and Data System of the American College of Radiology |
| and potential recommended follow-up tests or studies. | (d) In developing the summary, the Department shall | consult with the Advisory Board of Cancer Control, the | Illinois State Medical Society and consumer groups. The | summary shall be updated by the Department every 2 years. | (e) The summaries shall additionally be translated into | Spanish, and the Department shall conduct a public information | campaign to distribute the summaries to the Hispanic women of | this State in order to inform them of the importance of early | detection and mammograms. | (f) The Department shall distribute the summary to | hospitals, public health centers, physicians, and other health | care professionals who are likely to perform or order | diagnostic tests for breast disease or treat breast cancer by | surgical or other medical methods. Those hospitals, public | health centers, physicians, and other health care | professionals shall make the summaries available to the | public. The Department shall also distribute the summaries to | any person, organization, or other interested parties upon | request. The summaries may be duplicated by any person, | provided the copies are identical to the current summary | prepared by the Department. | (g) The summary shall display, on the inside of its cover, | printed in capital letters, in bold face type, the following | paragraph: | "The information contained in this brochure regarding |
| recommendations for early detection and diagnosis of breast | disease and alternative breast disease treatments is only for | the purpose of assisting you, the patient, in understanding | the medical information and advice offered by your physician. | This brochure cannot serve as a substitute for the sound | professional advice of your physician. The availability of | this brochure or the information contained within is not | intended to alter, in any way, the existing physician-patient | relationship, nor the existing professional obligations of | your physician in the delivery of medical services to you, the | patient." | (h) The summary shall be updated when necessary. | (Source: P.A. 98-502, eff. 1-1-14; 98-886, eff. 1-1-15; | 99-581, eff. 1-1-17 .) | Section 10. The Radiation Protection Act of 1990 is | amended by changing Section 5 as follows: | (420 ILCS 40/5) (from Ch. 111 1/2, par. 210-5) | (Section scheduled to be repealed on January 1, 2027) | Sec. 5. Limitations on application of radiation to human | beings and requirements for radiation installation operators | providing mammography services. | (a) No person shall intentionally administer radiation to | a human being unless such person is licensed to practice a | treatment of human ailments by virtue of the Illinois Medical, |
| Dental or Podiatric Medical Practice Acts, or, as physician | assistant, advanced practice registered nurse, technologist | technician , nurse, or other assistant, is acting under the | supervision, prescription or direction of such licensed | person. However, no such physician assistant, advanced | practice registered nurse, technologist technician , nurse, or | other assistant acting under the supervision of a person | licensed under the Medical Practice Act of 1987, shall | administer radiation to human beings unless accredited by the | Agency, except that persons enrolled in a course of education | approved by the Agency may apply ionizing radiation to human | beings as required by their course of study when under the | direct supervision of a person licensed under the Medical | Practice Act of 1987. No person authorized by this Section to | apply ionizing radiation shall apply such radiation except to | those parts of the human body specified in the Act under which | such person or his supervisor is licensed. No person may | operate a radiation installation where ionizing radiation is | administered to human beings unless all persons who administer | ionizing radiation in that radiation installation are | licensed, accredited, or exempted in accordance with this | Section. Nothing in this Section shall be deemed to relieve a | person from complying with the provisions of Section 10. | (b) In addition, no person shall provide mammography | services unless all of the following requirements are met: | (1) the mammography procedures are performed using a |
| radiation machine that is specifically designed for | mammography; | (2) the mammography procedures are performed using a | radiation machine that is used solely for performing | mammography procedures; | (3) the mammography procedures are performed using | equipment that has been subjected to a quality assurance | program that satisfies quality assurance requirements | which the Agency shall establish by rule; | (4) beginning one year after the effective date of | this amendatory Act of 1991, if the mammography procedure | is performed by a radiologic technologist, that | technologist, in addition to being accredited by the | Agency to perform radiography, has satisfied training | requirements specific to mammography, which the Agency | shall establish by rule. | (c) Every operator of a radiation installation at which | mammography services are provided shall ensure and have | confirmed by each mammography patient that the patient is | provided with a printed or digital pamphlet that has been | prepared in accordance with Section 2310-345 of the Department | of Public Health Powers and Duties Law of the Civil | Administrative Code of Illinois, which which is orally | reviewed with the patient and which contains the following: | (1) how to perform breast self-examination; | (2) that early detection of breast cancer is maximized |
| through a combined approach, using monthly breast | self-examination, a thorough physical examination | performed by a physician, and mammography performed at | recommended intervals; | (3) that mammography is the most accurate method for | making an early detection of breast cancer, however, no | diagnostic tool is 100% effective; | (4) that if the patient is self-referred and does not | have a primary care physician, or if the patient is | unfamiliar with the breast examination procedures, that | the patient has received information regarding public | health services where she can obtain a breast examination | and instructions . | (Source: P.A. 100-513, eff. 1-1-18 .) | Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 8/9/2024
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