Public Act 103-1012
 
SB3547 EnrolledLRB103 38313 CES 68448 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Department of Public Health Powers and 
Duties Law of the Civil Administrative Code of Illinois is 
amended by changing Section 2310-345 as follows:
 
    (20 ILCS 2310/2310-345)  (was 20 ILCS 2310/55.49)
    Sec. 2310-345. Breast cancer; written summary regarding 
early detection and treatment.
    (a) From funds made available for this purpose, the 
Department shall publish, in layman's language, a standardized 
written summary outlining methods for the early detection and 
diagnosis of breast cancer. The summary shall include 
recommended guidelines for screening and detection of breast 
cancer through the use of techniques that shall include but 
not be limited to self-examination, clinical breast exams, and 
diagnostic radiology.
    (b) The summary shall also inform suggest that women they 
should seek mammography services only from facilities that are 
certified to perform mammography as required by the federal 
Mammography Quality Standards Act of 1992.
    (c) The summary shall also include the medically viable 
alternative methods for the treatment of breast cancer, 
including, but not limited to, hormonal, radiological, 
chemotherapeutic, or surgical treatments or combinations 
thereof. The summary shall contain information on breast 
reconstructive surgery, including, but not limited to, the use 
of breast implants and their side effects. The summary shall 
inform the patient of the advantages, disadvantages, risks, 
and dangers of the various procedures. The summary shall 
include (i) a statement that mammography is the primary most 
accurate method for making an early detection of breast 
cancer, however, no diagnostic tool is 100% effective, (ii) 
the benefits of clinical breast exams, and (iii) instructions 
for performing breast self-examination and a statement that it 
is important to perform a breast self-examination monthly.
    (c-5) The summary shall specifically address the benefits 
of early detection and review the clinical standard 
recommendations by the Centers for Disease Control and 
Prevention and the American Cancer Society for mammography, 
clinical breast exams, and breast self-exams. 
    (c-10) (Blank). The summary shall also inform individuals 
that public and private insurance providers shall pay for 
clinical breast exams as part of an exam, as indicated by 
guidelines of practice.
    (c-15) The summary shall also inform individuals, in 
layman's terms, of the meaning and consequences of "dense 
breast tissue" under the guidelines of the Breast Imaging 
Reporting and Data System of the American College of Radiology 
and potential recommended follow-up tests or studies. 
    (d) In developing the summary, the Department shall 
consult with the Advisory Board of Cancer Control, the 
Illinois State Medical Society and consumer groups. The 
summary shall be updated by the Department every 2 years.
    (e) The summaries shall additionally be translated into 
Spanish, and the Department shall conduct a public information 
campaign to distribute the summaries to the Hispanic women of 
this State in order to inform them of the importance of early 
detection and mammograms.
    (f) The Department shall distribute the summary to 
hospitals, public health centers, physicians, and other health 
care professionals who are likely to perform or order 
diagnostic tests for breast disease or treat breast cancer by 
surgical or other medical methods. Those hospitals, public 
health centers, physicians, and other health care 
professionals shall make the summaries available to the 
public. The Department shall also distribute the summaries to 
any person, organization, or other interested parties upon 
request. The summaries may be duplicated by any person, 
provided the copies are identical to the current summary 
prepared by the Department.
    (g) The summary shall display, on the inside of its cover, 
printed in capital letters, in bold face type, the following 
paragraph:
    "The information contained in this brochure regarding 
recommendations for early detection and diagnosis of breast 
disease and alternative breast disease treatments is only for 
the purpose of assisting you, the patient, in understanding 
the medical information and advice offered by your physician. 
This brochure cannot serve as a substitute for the sound 
professional advice of your physician. The availability of 
this brochure or the information contained within is not 
intended to alter, in any way, the existing physician-patient 
relationship, nor the existing professional obligations of 
your physician in the delivery of medical services to you, the 
patient."
    (h) The summary shall be updated when necessary.
(Source: P.A. 98-502, eff. 1-1-14; 98-886, eff. 1-1-15; 
99-581, eff. 1-1-17.)
 
    Section 10. The Radiation Protection Act of 1990 is 
amended by changing Section 5 as follows:
 
    (420 ILCS 40/5)  (from Ch. 111 1/2, par. 210-5)
    (Section scheduled to be repealed on January 1, 2027)
    Sec. 5. Limitations on application of radiation to human 
beings and requirements for radiation installation operators 
providing mammography services.
    (a) No person shall intentionally administer radiation to 
a human being unless such person is licensed to practice a 
treatment of human ailments by virtue of the Illinois Medical, 
Dental or Podiatric Medical Practice Acts, or, as physician 
assistant, advanced practice registered nurse, technologist 
technician, nurse, or other assistant, is acting under the 
supervision, prescription or direction of such licensed 
person. However, no such physician assistant, advanced 
practice registered nurse, technologist technician, nurse, or 
other assistant acting under the supervision of a person 
licensed under the Medical Practice Act of 1987, shall 
administer radiation to human beings unless accredited by the 
Agency, except that persons enrolled in a course of education 
approved by the Agency may apply ionizing radiation to human 
beings as required by their course of study when under the 
direct supervision of a person licensed under the Medical 
Practice Act of 1987. No person authorized by this Section to 
apply ionizing radiation shall apply such radiation except to 
those parts of the human body specified in the Act under which 
such person or his supervisor is licensed. No person may 
operate a radiation installation where ionizing radiation is 
administered to human beings unless all persons who administer 
ionizing radiation in that radiation installation are 
licensed, accredited, or exempted in accordance with this 
Section. Nothing in this Section shall be deemed to relieve a 
person from complying with the provisions of Section 10.
    (b) In addition, no person shall provide mammography 
services unless all of the following requirements are met:
        (1) the mammography procedures are performed using a 
    radiation machine that is specifically designed for 
    mammography;
        (2) the mammography procedures are performed using a 
    radiation machine that is used solely for performing 
    mammography procedures;
        (3) the mammography procedures are performed using 
    equipment that has been subjected to a quality assurance 
    program that satisfies quality assurance requirements 
    which the Agency shall establish by rule;
        (4) beginning one year after the effective date of 
    this amendatory Act of 1991, if the mammography procedure 
    is performed by a radiologic technologist, that 
    technologist, in addition to being accredited by the 
    Agency to perform radiography, has satisfied training 
    requirements specific to mammography, which the Agency 
    shall establish by rule.
    (c) Every operator of a radiation installation at which 
mammography services are provided shall ensure and have 
confirmed by each mammography patient that the patient is 
provided with a printed or digital pamphlet that has been 
prepared in accordance with Section 2310-345 of the Department 
of Public Health Powers and Duties Law of the Civil 
Administrative Code of Illinois, which which is orally 
reviewed with the patient and which contains the following:
        (1) how to perform breast self-examination;
        (2) that early detection of breast cancer is maximized 
    through a combined approach, using monthly breast 
    self-examination, a thorough physical examination 
    performed by a physician, and mammography performed at 
    recommended intervals;
        (3) that mammography is the most accurate method for 
    making an early detection of breast cancer, however, no 
    diagnostic tool is 100% effective;
        (4) that if the patient is self-referred and does not 
    have a primary care physician, or if the patient is 
    unfamiliar with the breast examination procedures, that 
    the patient has received information regarding public 
    health services where she can obtain a breast examination 
    and instructions.
(Source: P.A. 100-513, eff. 1-1-18.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.