Senate Bill 112 Subject: Breast cancer: Written Summary of Treatment Alternatives Authored by: Senator Roberti BILL NUMBER: SB 112 CHAPTERED 10/01/93 BILL TEXT CHAPTER 657 FILED WITH SECRETARY OF STATE OCTOBER 1, 1993 APPROVED BY GOVERNOR OCTOBER 1, 1993 PASSED THE SENATE SEPTEMBER 1, 1993 PASSED THE ASSEMBLY AUGUST 26, 1993 AMENDED IN ASSEMBLY AUGUST 23, 1993 AMENDED IN ASSEMBLY AUGUST 16, 1993 AMENDED IN ASSEMBLY JULY 1, 1993 AMENDED IN SENATE APRIL 21, 1993 INTRODUCED BY Senator Roberti JANUARY 19, 1993 An act to amend Section 1704.5 of the Health and Safety Code, relating to breast cancer. LEGISLATIVE COUNSEL'S DIGEST SB 112, Roberti. Breast cancer: written summary of treatment alternatives. Existing law provides that failure of a physician and surgeon to inform a patient of alternative efficacious methods of treatment for breast cancer, by means of a standardized written summary developed by the State Department of Health Services on the recommendation of the Cancer Advisory Council, is unprofessional conduct. Existing law provides that this standardized written summary is to be printed and made available by the Medical Board of California. Existing law requires that the department review the summary at least once every 5 years and revise the summary if the department determines new or revised information should be included. Existing law requires that certain information be included in the summary the next time it is revised. This bill would instead require that the department review the written summary commencing no later than January 1, 1995, and every 3 years thereafter, and would require that specified additional information be included in the next revision of the written summary. This bill would make additional clarifying changes. This bill would require the board to establish a distribution system for the written summary that is linked to the physician and surgeon license renewal process. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1704.5 of the Health and Safety Code is amended to read: 1704.5. (a) Physicians and surgeons shall inform patients being treated for any form of breast cancer of the alternative efficacious methods of treatment by providing the patient with the written summary described in subdivision (c). (b) The failure of a physician and surgeon to inform a patient, by means of a standardized written summary developed by the department on the recommendation of the Cancer Advisory Council in accordance with subdivision (c), in layman's language and in a language understood by the patient, of alternative efficacious methods of treatment that may be medically viable, including surgical, radiological, or chemotherapeutic treatments or combinations thereof, when the patient is being treated for any form of breast cancer, constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code. (c) (1) A standardized written summary in layman's language and in a language understood by the patient shall be developed by the department with the recommendations of the Cancer Advisory Council, and shall be printed and made available by the Medical Board of California to physicians and surgeons, for the purposes of informing the patient of the advantages, disadvantages, risks and descriptions of the procedures with regard to medically viable and efficacious alternative methods of treatment for breast cancer as required by subdivision (a). (2) Commencing no later than January 1, 1995, and every three years thereafter, the department shall review the written summary and shall revise the written summary if the department determines that new or revised information should be included in the written summary. (3) At the next revision of the standardized written summary required by this section, the department shall incorporate all of the following additional information: (A) Information regarding methods of treatment for breast cancer that are in the investigational or clinical trial stage and are recognized for treatment by the Physician's Data Query of the National Cancer Institute. (B) Available reference numbers, including, but not limited to, the "800" telephone numbers for the National Cancer Institute and the American Cancer Society, in order for breast cancer patients to obtain the most recent information. (C) A discussion of breast reconstruction surgery, including, but not limited to, problems, benefits, and alternatives. (D) Statistics on the incidence of breast cancer. (d) Prior to performance of a biopsy, the physician and surgeon shall note on the patient's chart that he or she has given the patient the written summary required by this section. (e) The Medical Board of California shall establish a distribution system for the breast cancer treatment alternatives written summary that is linked to the process of biennial renewal of physician and surgeon licenses. |