Assembly Bill 601
Subject: Breast cancer: Prostate cancer: Treatment: Posting of Notice
Authored by: Assembly Member Speier                  

BILL NUMBER: AB 601     CHAPTERED  10/01/93
        BILL TEXT

        CHAPTER   658
        FILED WITH SECRETARY OF STATE   OCTOBER 1, 1993
        APPROVED BY GOVERNOR   OCTOBER 1, 1993
        PASSED THE ASSEMBLY   SEPTEMBER 3, 1993
        PASSED THE SENATE   AUGUST 30, 1993
        AMENDED IN SENATE   JULY 12, 1993
        AMENDED IN ASSEMBLY   MAY 24, 1993
        AMENDED IN ASSEMBLY   APRIL 21, 1993

INTRODUCED BY Assembly Member Speier

FEBRUARY 22, 1993

   An act to add Sections 1704.55 and 1704.75 to the Health and
Safety Code, relating to cancer.


   LEGISLATIVE COUNSEL'S DIGEST


   AB 601, Speier. Breast cancer: prostate cancer: treatment:
   posting of notice.

   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.

   This bill would require that every person or entity who owns
or operates a health facility or clinic, or who is licensed as a
physician and surgeon, cause a sign or notice, with prescribed
wording relating to this required breast cancer treatment
information, to be posted where breast cancer screening or
biopsy is performed by a physician and surgeon as an outpatient
service, or in a reasonably proximate area to where that
screening or biopsy is performed.

   Existing law also requires the department to develop a
standardized written summary concerning the medically viable and
efficacious alternative methods of treatment of prostate
cancer.  Under existing law, physicians are urged to make the
summary available to patients when appropriate.

   This bill would require that every person or entity who owns
or operates a health facility or clinic, or who is licensed as a
physician and surgeon and rents or owns the premises where his
or her practice is located, cause a sign or notice, with
prescribed wording relating to prostate cancer treatment, to be
posted where screening or treatment of prostate cancer is
performed, or in a reasonably proximate location to where that
screening or treatment is performed.


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


  SECTION 1. Section 1704.55 is added, immediately following
Section 1704.5, to the Health and Safety Code, to read:

   1704.55.  (a) Every person or entity who owns or operates a
health facility or a clinic, or who is licensed as a physician
and surgeon and rents or owns the premises where his or her
practice is located, shall cause a sign or notice to be posted
where a physician and surgeon performs breast cancer screening
or biopsy as an outpatient service, or in a reasonably proximate
area to where breast cancer screening or biopsy is performed.
A sign or notice posted at the patient registration area of the
health facility, clinic, or physician and surgeon's office shall
constitute compliance with this section.

   (b) The sign or notice shall read as follows:

      "BE INFORMED"

   "If you are a patient being treated for any form of breast
cancer, or prior to performance of a biopsy for breast cancer,
your physician and surgeon is required to provide you a written
summary of alternative efficacious methods of treatment,
pursuant to Section 1704.5 of the California Health and Safety
Code."

   "The information about methods of treatment was developed by
the State Department of Health Services to inform patients of
the advantages, disadvantages, risks, and descriptions of
procedures."

   The sign shall be not less than eight and one-half inches by
11 inches and shall be conspicuously displayed so as to be
readable.  The words "BE INFORMED" shall not be less than
one-half inch in height and shall be centered on a single line
with no other text.  The message on the sign shall appear in
English, Spanish, and Chinese.

  SEC. 2. Section 1704.75 is added, immediately following
Section 1704.7, to the Health and Safety Code, to read:

   1704.75.  (a) Every person or entity who owns or operates a
health facility or a clinic, or who is licensed as a physician
and surgeon and rents or owns the premises where his or her
practice is located, shall cause a sign or notice to be posted
where prostate cancer screening or treatment is performed by any
physician and surgeon, or in a reasonably proximate area to
where prostate cancer screening or treatment is performed.  A
sign or notice posted at the patient registration area of the
health facility, clinic, or physician and surgeon's office shall
constitute compliance with this section.

   (b) The sign or notice shall read as follows:

      "BE INFORMED"

   "If you are a patient being treated for any form of prostate
cancer, or prior to performance of a biopsy for prostate cancer,
your physician and surgeon is urged to provide you a written
summary of alternative efficacious methods of treatment,
pursuant to Section 1704.7 of the California Health and Safety
Code."

   "The information about methods of treatment was developed by
the State Department of Health Services to inform patients of
the advantages, disadvantages, risks, and descriptions of
procedures."

   The sign shall be not less than eight and one-half inches by
11 inches and shall be conspicuously displayed so as to be
readable.  The words "BE INFORMED" shall not be less than
one-half inch in height and shall be centered on a single line
with no other text.  The message on the sign shall appear in
English, Spanish, and Chinese.