HB 1087

CS

CHAMBER ACTION

1	The Committee on Health Care recommends the following:
2
3	Committee Substitute
4	Remove the entire bill and insert:
5	A bill to be entitled
6	An act relating to radiologists performing mammograms;
7	providing licensed radiologists with immunity from
8	tort liability under certain circumstances; providing
9	criteria and requirements; providing exceptions;
10	providing for future repeal unless reviewed and
11	reenacted by the Legislature; creating the Workgroup
12	on Mammography Accessibility in the Department of
13	Health; requiring the workgroup to conduct a study;
14	providing for membership; requiring a report to the
15	Governor and the Legislature; providing an effective
16	date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Radiologist immunity.--
21	(1)  A radiologist licensed in this state is immune from
22	liability in tort for any actions arising from the performance
23	of his or her duties relating to mammograms, provided the
24	licensee complies with the following criteria:
25	(a)  The licensee must meet and continuously maintain the
26	requirements governing radiologists performing mammography
27	adopted by the Federal Government pursuant to the Mammography
28	Quality Standards Act of 1992.
29	(b)  The licensee must be certified in diagnostic radiology
30	by the American Board of Radiology, the American Osteopathic
31	Board of Radiology, or the Royal College of Physicians and
32	Surgeons of Canada or have at least 3 months documented training
33	in mammography interpretation, radiation physics, radiation
34	effects, and radiation protection.
35	(c)  The licensee must have 60 hours documented category I
36	continuing medical education in mammography or 40 hours if
37	initially qualified before April 28, 1999, at least 15 hours of
38	which shall be acquired in the 3 years immediately prior to the
39	physician's meeting his or her requirements, and earn at least
40	15 hours category I continuing medical education in a 36-month
41	period, at least 6 hours of which shall be related to each
42	mammographic modality used.
43	(d)  The licensee must have interpreted mammograms from
44	exams of 240 patients within the 6 months immediately prior to
45	the physician's qualifying date or in any 6 months within the
46	last 2 years of residency if the physician becomes board
47	certified at his or her first possible opportunity and shall
48	continue to interpret or multi-read at least 960 mammographic
49	examinations over a 24-month period.
50	(e)  The interpreting physician must receive at least 8
51	hours of training in any mammographic modality for which he or
52	she was not previously trained before beginning to use that
53	modality.
54	(f)  The licensee must meet the most current guidelines of
55	the American College of Radiology for mammography procedures.
56	(g)  The licensee operates from a facility which has
57	established and implemented policies and procedures to provide
58	for the safety of patients and personnel, which shall include:
59	1.  Attention to the physical environment.
60	2.  The proper use, storage, and disposal of medications
61	and hazardous materials and their attendant equipment.
62	3.  Methods for addressing medical and other emergencies.
63	(h)  The licensee operates from a facility which has
64	established and implemented policies and procedures for
65	educating and informing patients about procedures and
66	interventions to be performed and facility processes for such
67	procedures and interventions, which shall include appropriate
68	instructions for patient preparation and aftercare, if any. This
69	information shall be provided in an appropriate form to the
70	patient. Such communication policies shall include provisions
71	that provide direct communication, accomplished in person or by
72	telephone, to the referring physician or an appropriate
73	representative. Documentation of direct communication is
74	recommended. In those situations in which the interpreting
75	physician feels that immediate patient treatment is indicated,
76	which may include, but are not limited to, tension pneumothorax,
77	the interpreting physician should communicate directly with the
78	referring physician, other health care provider, or an
79	appropriate representative. If that individual cannot be
80	reached, the interpreting physician should directly communicate
81	the need for emergency care to the patient or responsible
82	guardian, if possible.
83	1.  Under some circumstances, practice constraints may
84	dictate the necessity of a preliminary report before the final
85	report is prepared. A significant change between the preliminary
86	and final interpretation shall be reported directly to the
87	referring physician.
88	2.  In those situations in which the interpreting physician
89	feels that the findings do not warrant immediate treatment but
90	constitute significant unexpected findings, the interpreting
91	physician or his or her designee shall communicate the findings
92	to the referring physician, other health care provider, or an
93	appropriate individual in a manner that reasonably insures
94	receipt of the findings.
95	(i)  The licensee's patient examinations shall be
96	systematically reviewed and evaluated as part of the overall
97	quality improvement program at the facility. Monitoring shall
98	include evaluation of the accuracy of interpretation as well as
99	the appropriateness of the examination. Complications and
100	adverse events or activities that may have the potential for
101	sentinel events should be monitored, analyzed, and reported as
102	required by law and periodically reviewed in order to identify
103	opportunities to improve patient care. This data shall be
104	collected in a manner that complies with statutory and
105	regulatory peer-review procedures in order to ensure the
106	confidentiality of the peer-review process.
107	(j)  The licensee operates from a facility which has
108	established and implemented policies and procedures to control
109	the spread of infection among patients and personnel and shall
110	include adherence to universal precautions and the use of clean
111	or aseptic techniques as warranted by the procedure or
112	intervention being performed.
113	(2)  Immunity is not provided if all the provisions within
114	this section are not met and for instances in which the
115	radiologist is found to be grossly negligent.
116	(3)  This section is repealed July 1, 2007, unless reviewed
117	and reenacted by the Legislature.
118	Section 2.  Workgroup on Mammography Accessibility.--
119	(1)  The Workgroup on Mammography Accessibility is created
120	within the Department of Health. The workgroup shall study:
121	(a)  The availability, quality of care, and accessibility
122	of mammography in this state.
123	(b)  The need for research and educational facilities,
124	including, but not limited to, facilities with institutional
125	training programs and community training programs for doctors of
126	radiological medicine at the student, internship, and residency
127	training levels.
128	(c)  The availability of resources, including health
129	personnel and management personnel for mammography programs.
130	(2)  The workgroup shall consist of 13 members and be
131	staffed by the Department of Health and chaired by the Secretary
132	of Health or his or her designee. The Secretary of Health shall
133	appoint the remaining 12 members.
134	(3)  By January 15, 2009, the department shall submit a
135	report to the Governor, the President of the Senate, the Speaker
136	of the House of Representatives, and the substantive legislative
137	committees regarding the findings of the workgroup and
138	recommendations for legislative action.
139	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.