By: Hernandez Luna, et al. (Senate Sponsor - Ellis) H.B. No. 2102
(In the Senate - Received from the House May 12, 2011;
May 12, 2011, read first time and referred to Committee on State
Affairs; May 20, 2011, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 20, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 2102 By: Ellis
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that certain mammography reports
contain information regarding supplemental breast cancer
screening.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as Henda's Law.
SECTION 2. Subchapter B, Chapter 86, Health and Safety
Code, is amended by adding Section 86.013 to read as follows:
Sec. 86.013. INFORMATION ON SUPPLEMENTAL BREAST CANCER
SCREENING. (a) On completion of a mammogram, a mammography
facility certified by the United States Food and Drug
Administration or by a certification agency approved by the United
States Food and Drug Administration shall provide to the patient
the following notice:
"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 report of your mammography results will be sent to you and
your physician. You should contact your physician if you have any
questions or concerns regarding this report."
(b) Notwithstanding any other law, this section 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.
(c) The information required by this section or evidence
that a person violated this section is not admissible in a civil,
judicial, or administrative proceeding.
SECTION 3. A mammography facility is not required to comply
with the requirements of Section 86.013, Health and Safety Code, as
added by this Act, until January 1, 2012.
SECTION 4. This Act takes effect September 1, 2011.
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