DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 186 Reengrossed 2015 Regular Session Montoucet
Abstract: Requires that a notification concerning supplemental breast cancer screening be
transmitted to patients pursuant to screening mammograms, and that healthcare facilities
offer to patients the reports of results of their mammograms and breast ultrasound
examinations.
Present law relative to access to mammograms provides that any person who may legally perform
a mammography in this state may perform a screening mammography without the direction to do
so by prescription of a licensed practitioner. Provides for notification to patients of results of
screening mammograms.
Proposed law retains present law, and adds thereto a requirement that, in addition to any letters or
reports to patients pursuant to screening mammograms as may be required by federal law, the
following notice be transmitted to all patients pursuant to such procedures, regardless of whether the
procedure was directed by prescription or performed pursuant to self-referral:
"If your mammogram demonstrates that you have dense breast tissue, which could
hide abnormalities, and you have other risk factors for breast cancer that have been
identified, you might benefit from supplemental screening tests that may be suggested by
your ordering physician.
Dense breast tissue, in and of itself, is a relatively common condition. Therefore, this
information is not provided to cause undue concern, but rather to raise your awareness and
to promote discussion with your physician regarding the presence of other risk factors, in
addition to dense breast tissue.
A summary of your mammography results will be sent to you, and a full
mammography report will be sent to your physician and also to you, if you indicated to the
mammography provider that you requested the full report. You should contact your
physician if you have any questions or concerns regarding your summary or report of
results."
Proposed law provides that the notification concerning supplemental screening required by proposed
law may be transmitted by either regular mail or certified mail via the U.S. Postal Service, or by any
other commercial mail delivery service.
Proposed law provides that compliance with proposed law and present law does not create a cause
of action or create a standard of care, obligation, or duty that provides a basis for a cause of action. Proposed law requires each mammography facility and every healthcare facility that performs breast
ultrasound examinations to establish and provide to each patient a form on which the patient may
easily elect to receive either of the following:
(1)A copy of the patient's mammography report issued by the facility to the patient's referring
physician.
(2)A copy of the patient's full narrative radiology report of ultrasound findings.
Proposed law provides that the mammography and ultrasound reports which patients may elect to
receive pursuant to proposed law may be transmitted by either regular mail or certified mail via the
U.S. Postal Service, or by any other commercial mail delivery service.
Proposed law provides that in addition to facilitating provision of mammography and ultrasound
reports to patients in accordance with proposed law, healthcare facilities may provide such reports
electronically through electronic patient portals that meet applicable federal standards.
Proposed law provides a legislative declaration indicating that early detection of breast cancer saves
lives, and that facilitating early detection of all forms of cancer is a public health priority of this state.
Proposed law shall be known as the "Monica Landry Helo Early Detection Act".
Effective Jan. 1, 2016.
(Amends R.S. 40:1300.182 and 1300.183; Adds R.S. 40:1300.182.1 and 1300.182.2)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Health and Welfare to the
original bill:
1. Specify that the notification concerning supplemental screening required by proposed law
shall be transmitted to patients pursuant to any screening mammogram or breast
ultrasound examination, regardless of whether the procedure was directed by prescription
or performed pursuant to self-referral by a patient.
2. Provide that the notification concerning supplemental screening required by proposed
law may be transmitted by either regular mail or certified mail via the U.S. Postal
Service, or by any other commercial mail delivery service.
3. Delete proposed law providing that the information concerning supplemental screening
required by proposed law or evidence that a person violated the provisions of proposed
law is not admissible in a civil, judicial, or administrative proceeding.
4. Make technical changes. The House Floor Amendments to the engrossed bill:
1. Delete proposed law authorizing breast ultrasound examinations as procedures which
may be performed without direction to do so by prescription of a licensed practitioner.
2. Delete the requirement that the notification concerning supplemental screening provided
for in proposed law be transmitted to patients pursuant to breast ultrasound examinations.
3. Add the following language to the notification concerning supplemental screening
provided for in proposed law:
"A summary of your mammography results will be sent to you, and a full
mammography report will be sent to your physician and also to you, if you indicated to
the mammography provider that you requested the full report. You should contact your
physician if you have any questions or concerns regarding your summary or report of
results."
4. Add a requirement that each mammography facility and every healthcare facility that
performs breast ultrasound examinations establish and provide to each patient a form on
which the patient may easily elect to receive either of the following:
(a) A copy of the patient's mammography report issued by the facility to the
patient's referring physician.
(b) A copy of the patient's full narrative radiology report of ultrasound findings.
5. Provide that the mammography and ultrasound reports which patients may elect to
receive pursuant to proposed law may be transmitted by either regular mail or certified
mail via the U.S. Postal Service, or by any other commercial mail delivery service.
6. Provide that in addition to facilitating provision of mammography and ultrasound reports
to patients in accordance with proposed law, healthcare facilities may provide such
reports electronically through electronic patient portals that meet applicable federal
standards.
7. Make technical changes.