Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Health Care & Wellness Committee

ESSB 5084

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Providing women with timely information regarding their breast health.

Sponsors: Senate Committee on Health Care (originally sponsored by Senators Rolfes, Angel, Hasegawa, Nelson, Honeyford, Darneille, Billig, Keiser, Wilson, Saldaña, Warnick and Kuderer).

Brief Summary of Engrossed Substitute Bill

  • Requires health care facilities to provide mammography patients with notice about breast density.

Hearing Date: 2/15/18

Staff: Jim Morishima (786-7191).

Background:

A mammogram is a breast cancer screening test that uses low-dose x-rays to observe changes in breast tissue. The federal Mammography Quality Standards Act (MQSA) subjects facilities preforming mammograms to certain minimum standards. For example, such a facility must assure the preparation of a written report of the results of a mammogram. The report must be sent to the patient's physician or directly to the patient if there is no physician available. In addition, a summary of the report must be sent to the patient in terms easily understood by a layperson.

Physicians use the American College of Radiology's Breast Imaging Reporting and Data System (BI-RADS) to categorize mammogram results into seven categories. The BI-RADS also classifies breast density into four categories. Information on the BI-RADS category and breast density is generally included in the mammogram results.

Summary of Bill:

A health care facility must include information identifying the patient's BI-RADS breast density classification in a mammography report. If a physician at, employed by, or under contract with the facility determines that the patient has heterogeneously or extremely dense breasts, the summary must include the following notice:

"Your mammogram indicates that you mat gave dense breast tissue. Roughly half of all women have dense breast tissue which is normal. Dense breast tissue may make it more difficult to evaluate your mammogram and may be associated with an increased risk of breast cancer. We are sharing this information with you and your health care provider to help raise your awareness of breast density. We encourage you to talk with your health care provider about this and other breast cancer risk factors. Together, you can decide which screening options are right for you."

A patient receiving a mammogram may be directed to informative material about breast density, which may include the American College of Radiology's latest brochure on the subject.

The notice requirements do not create a duty of care or other legal obligation beyond the duty to provide the notice and do not require a notice that is inconsistent with the MQSA.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.