BILL REQ. #:  H-1807.1 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to providing patients with information on options for breast reconstruction; adding a new section to chapter 18.57 RCW; and adding a new section to chapter 18.71 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 18.57 RCW to read as follows:
     (1) An osteopathic physician and surgeon performing a mastectomy, lymph node dissection, or lumpectomy shall provide the patient with information regarding the option of postprocedure reconstructive surgery. The information must be provided to the patient in writing and in advance of, or simultaneously with, obtaining consent to the procedure.
     (2) The information must include at least the following:
     (a) A description of the various reconstructive options and the advantages and disadvantages of each, including a statement that breast reconstruction may not be appropriate for all patients;
     (b) A description of the statutory provisions requiring coverage by insurers for reconstructive surgery following a mastectomy in 29 U.S.C. Sec. 1885b and RCW 48.20.395, 48.21.230, 48.44.330, and 48.46.280;
     (c) A description of how a patient may access reconstructive care, including the potential of transferring to another facility or choosing to pursue reconstruction after the completion of breast cancer surgery and chemotherapy or radiotherapy, if warranted; and
     (d) Any other information as may be required by the board.
     (3) The patient shall acknowledge receipt of the information required in this section in writing.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.71 RCW to read as follows:
     (1) A physician performing a mastectomy, lymph node dissection, or lumpectomy shall provide the patient with information regarding the option of postprocedure reconstructive surgery. The information must be provided to the patient in writing and in advance of, or simultaneously with, obtaining consent to the procedure.
     (2) The information must include at least the following:
     (a) A description of the various reconstructive options and the advantages and disadvantages of each, including a statement that breast reconstruction may not be appropriate for all patients;
     (b) A description of the statutory provisions requiring coverage by insurers for reconstructive surgery following a mastectomy in 29 U.S.C. Sec. 1885b and RCW 48.20.395, 48.21.230, 48.44.330, and 48.46.280;
     (c) A description of how a patient may access reconstructive care, including the potential of transferring to another facility or choosing to pursue reconstruction after the completion of breast cancer surgery and chemotherapy or radiotherapy, if warranted; and
     (d) Any other information as may be required by the commission.
     (3) The patient shall acknowledge receipt of the information required in this section in writing.