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Sub. S. B. No. 54 As Passed by the SenateAs Passed by the Senate
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Cafaro, Gentile, Smith, Sawyer, Tavares, Schiavoni, Turner, Lehner, Jones, Bacon, Balderson, Beagle, Burke, Coley, Faber, Gardner, Hite, Hughes, LaRose, Manning, Obhof, Oelslager, Patton, Peterson, Schaffer, Seitz, Skindell, Uecker, Widener
A BILL
To enact section 3702.40 of the Revised Code to
require a mammography facility to include certain
information in the mammography report summary sent
to a patient under federal law if the patient's
mammogram demonstrates the presence of dense
breast tissue.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3702.40 of the Revised Code be
enacted to read as follows:
Sec. 3702.40. (A) As used in this section, "mammogram" and
"facility" have the same meanings as in section 263b(a) of the
"Mammography Quality Standards Act of 1992," 106 Stat. 3547
(1992), 42 U.S.C. 263b(a), as amended.
(B) As required by 21 C.F.R. 900.12(c)(2), a facility shall
send to each patient who has a mammogram at the facility a summary
of the written report containing the results of the patient's
mammogram. If, based on the breast imaging reporting and data
system established by the American college of radiology, the
patient's mammogram demonstrates that the patient has dense breast
tissue, the summary shall include the following statement:
"Your mammogram demonstrates that you have dense breast
tissue, which could hide abnormalities. Dense breast tissue, in
and of itself, is a relatively common condition. Therefore, this
information is not provided to cause undue concern; rather, it is
to raise your awareness and promote discussion with your health
care provider regarding the presence of dense breast tissue in
addition to other risk factors."
As required by 21 C.F.R. 900.12(c)(3), the facility shall
send to the patient's health care provider, if known, a copy of
the written report containing the results of the patient's
mammogram not later than thirty days after the mammogram was
performed.
(C) This section does not do either of the following:
(1) Create a new cause of action or substantive legal right
against a person, facility, or other entity.
(2) Create a standard of care, obligation, or duty for a
person, facility, or other entity that would provide the basis for
a cause of action or substantive legal right, other than the duty
to send the summary and written report described in division (B)
of this section.
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