Bill Text: CA SB1237 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Radiation control: health facilities and clinics:

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 521, Statutes of 2010. [SB1237 Detail]

Download: California-2009-SB1237-Amended.html

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BILL NUMBER: SB 1237	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 28, 2010

INTRODUCED BY   Senator Padilla
    (   Coauthor:   Senator   Alquist
  ) 

                        FEBRUARY 19, 2010

   An act to add Section 115111 to the Health and Safety Code,
relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1237, as amended, 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 January 1, 2012,  require
health facilities and clinics, as specified, that use 
ionizing radiation   computed tomography  for
diagnostic purposes to record the dose of radiation used during the
administration of the radiation on the radiology  film.
Because   image, if technologically feasible, and to
record the dose of radiation in the patient's medical record. 
 This bill would not require small and rural hospitals, as
defined, or hospitals and clinics that are located in an area that is
designated as a medically underserved area pursuant to federal law,
to comply with these requirements until January 1, 2013. 
    This bill would,   commencing January 1, 2012,
require physicians or other practitioners, facilities, or other
entities, that furnish diagnostic magnetic resonance imaging,
computed tomography, and nuclear medicine services to be accredited
by an organization that is approved by the federal Centers for
Medicare and Medicaid Services. 
    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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 115111 is added to the Health and Safety Code,
to read:
   115111.   Health facilities   (a)  
  Except as provided in subdivisions (b) and (c), commencing
January 1, 2012, general acute care hospitals, acute psychiatric
hospitals, and special hospitals  licensed pursuant to Article 1
(commencing with Section 1250) of Chapter 2 of Division 2, clinics
licensed pursuant to Article 1 (commencing with Section 1200) of
Chapter 1 of Division 2, and clinics exempt from licensure pursuant
to Section 1206 that use ionizing radiation  
computed tomography  for diagnostic purposes shall record the
dose of radiation used during the administration of the radiation on
the radiology  film   image and in the patient's
medical record  . 
   (b) The requirement specified in subdivision (a) shall be limited
to computed tomography machines for which it is technologically
feasible to record the dose of radiation directly or through the use
of added software or features.  
   (c) Small and rural hospitals, as defined in Section 124840, and
health facilities and clinics specified in subdivision (a) that are
located in an area that is designated as a medically underserved area
pursuant to federal law, shall not be required to comply with the
requirements of subdivision (a) until January 1, 2013.  
   (d) Commencing January 1, 2012, physicians or other practitioners,
facilities, or other entities that furnish diagnostic magnetic
resonance imaging, computed tomography, and nuclear medicine
services, including positron emission tomography, shall be accredited
by an organization that is approved by the federal Centers for
Medicare and Medicaid Services. 
  SEC. 2.  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 17556 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.