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To enact section 3702.40 of the Revised Code to | 1 |
require a mammography facility to include certain | 2 |
information in the mammography report summary sent | 3 |
to a patient under federal law if the patient's | 4 |
mammogram demonstrates the presence of dense | 5 |
breast tissue. | 6 |
Section 1. That section 3702.40 of the Revised Code be | 7 |
enacted to read as follows: | 8 |
Sec. 3702.40. (A) As used in this section, "mammogram" and | 9 |
"facility" have the same meanings as in section 263b(a) of the | 10 |
"Mammography Quality Standards Act of 1992," 106 Stat. 3547 | 11 |
(1992), 42 U.S.C. 263b(a), as amended. | 12 |
(B) As required by 21 C.F.R. 900.12(c)(2), a facility shall | 13 |
send to each patient who has a mammogram at the facility a summary | 14 |
of the written report containing the results of the patient's | 15 |
mammogram. If, based on the breast imaging reporting and data | 16 |
system established by the American college of radiology, the | 17 |
patient's mammogram demonstrates that the patient has dense breast | 18 |
tissue, the summary shall include the following statement: | 19 |
"Your mammogram demonstrates that you have dense breast | 20 |
tissue, which could hide abnormalities. Dense breast tissue, in | 21 |
and of itself, is a relatively common condition. Therefore, this | 22 |
information is not provided to cause undue concern; rather, it is | 23 |
to raise your awareness and promote discussion with your health | 24 |
care provider regarding the presence of dense breast tissue in | 25 |
addition to other risk factors." | 26 |
As required by 21 C.F.R. 900.12(c)(3), the facility shall | 27 |
send to the patient's health care provider, if known, a copy of | 28 |
the written report containing the results of the patient's | 29 |
mammogram not later than thirty days after the mammogram was | 30 |
performed. | 31 |
(C) This section does not do either of the following: | 32 |
(1) Create a new cause of action or substantive legal right | 33 |
against a person, facility, or other entity. | 34 |
(2) Create a standard of care, obligation, or duty for a | 35 |
person, facility, or other entity that would provide the basis for | 36 |
a cause of action or substantive legal right, other than the duty | 37 |
to send the summary and written report described in division (B) | 38 |
of this section. | 39 |