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HomeMy WebLinkAboutSenator A Padilla letter 11.17.10 - Bill 1237 %LZlifor is �$tate ALEX PADILLA SENATOR, 20TH DISTRICT 130ARD OF SUPERVISORS 8.� SE7�,1T 4 2010 s O"OVILLE,CAIJFO RAM November 17, 2010 Honorable Jane Dolan Supervisor, District 2 Butte County Board of Supervisors 25 County Center Dr Oroville, CA 95965-3316 Dear Supervisor Dolan: Senate Bill 1237 was signed into law by Governor Schwarzenegger on September 29, 2010. This new law was written to protect patients from being exposed to excessive doses of radiation. Enclosed is a copy of the bili for your review. In 1980 there were approximately 3 million computed tomography(CT) scans performed in the United States. By 2006, that number had grown to 67 million. With the increased use of CT scans as an important diagnostic tool, it is essential that protocols and operating procedures be in place that will reduce patient risk. As you may know, over an 1&month period 269 patients at Cedars-Sinai Medical Center in Los Angeles were exposed to excessive amounts of radiation during CT scans. Many of the patients suffered patchy hair loss after the scans. About 20% of these patients received exposure directly to the lenses of their eyes,putting them at higher risk for cataracts. All are now at greater risk for developing brain tumors. Further review found similar errors at other California hospitals. Had the doctor caring for the first patient at Cedars-Sinai been aware of the radiation doses when reviewing the CT images or reviewing the patient's records, the hospital would likely have responded and prevented the excessive exposure of an additional 268 patients. California law will soon require the reporting of radiation overdoses to patients, their referring physician and the California Department of Public Health. It will require the dose of radiation to be recorded as part of the radiology report and the patient's medical record and require the accreditation of all facilities that conduct CT scans to federal standards while also requiring an annual verification for the calibration of the CT scan equipment. The reporting of radiation overexposures will not only prevent large numbers of patients from being harmed, but will also motivate physicians,facilities, technicians and equipment manufacturers to re-assess their tools,protocols and operating procedures. Please familiarize yourself with this new law to ensure your compliance. By working together to implement this law, health professionals can better protect California patients. Sincerely, ALEX PADILLA State Senator, 20`h District CAPITO OFFICE: STATE CAPITOL, ROOM 4038•SACRAMENTO,CA 95814•7EL(916)651-4020•FAx(916)324.6645 , D 1 T FF€CE: 615 VAN NUYS BLVD., SUITE 400•VAN NUYS,CA 9140€ •TEL{818)901-5586•FAx(818)901-5562 BILL NUMBER: SB 1237 CHAPTERED BILL TEXT CHAPTER 521 FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2010 APPROVED BY GOVERNOR SEPTEMBER 29, 2010 PASSED THE SENATE AUGUST 30, 2010 PASSED THE ASSEMBLY AUGUST 26, 2010 AMENDED IN ASSEMBLY AUGUST 20, 2010 AMENDED IN ASSEMBLY JUNE 23, 2010 AMENDED IN SENATE APRIL 28, 2010 INTRODUCED BY Senator Padilla (Coauthor: Senator Aiquist) FEBRUARY 19, 2010 An act to add Sections 115111, 115112, and 115113 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST SB 1237, Padilla. Radiation control: health facilities and clinics: records. Under existing law, the State Department of Public Health licenses and regulates health facilities and clinics, as defined. Under existing law, the Radiation Control Law, the department licenses and regulates persons that use devices or equipment utilizing radioactive materials. Under existing law the department may also require registration and inspection of sources of ionizing radiation, as defined. Violation of these provisions is a crime. This bill would, commencing July 1, 2012, require hospitals and clinics, as specified, that use computed tomography (CT) X--ray systems for human use to record, if the CT systems are capable, the dose of radiation on every CT study produced during the administration of a CT examination, as specified. The bill would require the dose to be verified annually by a medical physicist, as specified, unless the facility is accredited. This bill would, commencing July 1, 2013, require facilities that furnish CT X-ray services to be accredited by an organization that is approved by the federal Centers for Medicare and Medicaid Services, an accrediting agency approved by the Medical Board of California, or the State Department of Public Health. The bill would also require the facility to report certain information to the department, the affected patient, and the patient's treating physician. Because this bill expands the definition of a crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. hair loss, or erythema, as determined by a qualified physician. (4) A CT or therapeutic dose to an embryo or fetus that is greater than 50 mSv (5 rem) dose equivalent, that is a result of radiation to a known pregnant individual unless the dose to the embryo or fetus was specifically approved, in advance, by a qualified physician. (5) Therapeutic ionizing irradiation of the wrong individual; ' or wrong treatment site (6) The total dose from therapeutic ionizing radiation delivered differs from the prescribed dose by 20 percent or more. A report shall not be required pursuant to this paragraph in any instance where the dose administered exceeds 20 percent of the amount prescribed in a situation where the radiation was utilized for palliative care for the specific patient. The radiation oncologist shall notify the referring physician that the dose was exceeded. (b) The facility shall, no later than five business days after discovery of an event described in subdivision (a) , provide notification of the event to the department and the referring physician .of the person subject to the event and shall, no later than 15 business days after discovery of an event described in subdivision (a) provide written notification to the person who is subject to the event. (c) The information required pursuant to this section shall include, but not be limited to, information regarding each substantiated adverse event, as defined in Section 1279.1, reported to the department, and may include compliance information history. SBC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district .will be' incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 1.7556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.