Senator Curtis S. Bramble proposes the following substitute bill:




Chief Sponsor: LaVar Christensen

Senate Sponsor: Curtis S. Bramble

6     Cosponsors:
7     Cheryl K. Acton
8     Carl R. Albrecht
9     Kay J. Christofferson
10     Kim F. Coleman
11     James A. Dunnigan
12     Rebecca P. Edwards
13     Gage Froerer
14     Francis D. Gibson
15     Keith Grover
16     Stephen G. Handy
17     Gregory H. Hughes
Eric K. Hutchings
Ken Ivory
Bradley G. Last
A. Cory Maloy
Jefferson Moss
Merrill F. Nelson
Michael E. Noel
Derrin R. Owens
Lee B. Perry
Jeremy A. Peterson
Dixon M. Pitcher
Val K. Potter
Susan Pulsipher
Tim Quinn
Paul Ray
Scott D. Sandall
Mike Schultz
V. Lowry Snow
Keven J. Stratton
Christine F. Watkins
R. Curt Webb
Brad R. Wilson
Mike Winder

20     General Description:
21          This bill amends provisions of the Mammogram Quality Assurance Act.
22     Highlighted Provisions:
23          This bill:
24          ▸     requires a facility that performs screening or diagnostic mammography to provide a

25     patient who has dense breast tissue with a notification regarding that report.
26     Money Appropriated in this Bill:
27          None
28     Other Special Clauses:
29          None
30     Utah Code Sections Affected:
31     AMENDS:
32          26-21a-203, as last amended by Laws of Utah 2012, Chapter 338
33          26-21a-205, as last amended by Laws of Utah 2009, Chapter 183
34     ENACTS:
35          26-21a-206, Utah Code Annotated 1953

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 26-21a-203 is amended to read:
39          26-21a-203. Department rulemaking authority.
40          The department shall make rules under Title 63G, Chapter 3, Utah Administrative
41     Rulemaking Act:
42          (1) establishing quality assurance standards for all facilities performing screening or
43     diagnostic mammography and developing mammogram x-ray films, including notification and
44     procedures for clinical follow-up of abnormal mammograms;
45          (2) providing for:
46          (a) collection and periodic reporting of mammography examinations and clinical
47     follow-up data to the department;
48          (b) certification and revocation of certification of mammogram facilities;
49          (c) inspection of mammogram facilities, including entry of agents of the department
50     into the facilities for inspections;
51          (d) setting fees for certification; and
52          (e) an appeal process regarding department certification decisions; and
53          [(3) the following information may be included in mammography results sent to a
54     patient with dense breast tissue:]
55          ["Mammography is the only breast cancer screening examination which has been

56     shown in multiple randomized clinical trials to reduce death rate from breast cancer. However,
57     it is not a perfect test, specifically in women with dense breast tissue. Because your
58     mammogram demonstrates that you have dense breast tissue, you may benefit from
59     supplementary screening tests, depending on your personal risk factors and family history.
60     Although other screening tests may find additional cancers, they may not necessarily increase
61     survival. Nevertheless, you should discuss your mammography results with your health care
62     provider. A copy of your mammography report has been sent to your health care provider's
63     office. Please contact your health care provider if you have any questions or concerns about
64     this notice."]     
65          (3) requiring a facility that is certified under Section 26-21a-204 to comply with the
66     notification requirement described in Section 26-21a-206.
67          Section 2. Section 26-21a-205 is amended to read:
68          26-21a-205. Department duties.
69          The department shall:
70          (1) enforce rules established under this part;
71          (2) implement and enforce the notice requirement in Section 26-21a-206;
72          [(2)] (3) authorize qualified department agents to conduct inspections of mammogram
73     facilities under department rules;
74          [(3)] (4) collect and credit fees for certification [under] established by the department
75     in accordance with Section 63J-1-504; and
76          [(4)] (5) provide necessary administrative and staff support to the committee.
77          Section 3. Section 26-21a-206 is enacted to read:
78          26-21a-206. Women's cancer screening notification requirement.
79          (1) As used in this section, "dense breast tissue" means heterogeneously dense tissue or
80     extremely dense tissue as defined in the Breast Imaging and Reporting Data System established
81     by the American College of Radiology.
82          (2) A facility that is certified under Section 26-21a-204 shall include the following
83     notification and information with a mammography result provided to a patient with dense
84     breast tissue:
85          "Your mammogram indicates that you have dense breast tissue. Dense breast tissue is
86     common and is found in as many as half of all women. However, dense breast tissue can make

87     it more difficult to fully and accurately evaluate your mammogram and detect early signs of
88     possible cancer in the breast. This information is being provided to inform and encourage you
89     to discuss your dense breast tissue and other breast cancer risk factors with your health care
90     provider. Together, you can decide what may be best for you. A copy of your mammography
91     report has been sent to your health care provider. Please contact them if you have any questions
92     or concerns about this notice."