By Hamric, McCall, et al.                               H.B. No. 63
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of mammography devices and the practice
    1-3  of mammography.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 401, Health and Safety Code, is amended
    1-6  by adding Subchapter L to read as follows:
    1-7          SUBCHAPTER L.  CERTIFICATION OF MAMMOGRAPHY SYSTEMS
    1-8        Sec. 401.421.  DEFINITIONS.  In this subchapter:
    1-9              (1)  "Certification" means an authorization for the use
   1-10  of a mammography system.
   1-11              (2)  "Mammography" means the use of radiation to
   1-12  produce an image of the breast on film, paper, or digital display
   1-13  that may be used to detect the presence of pathological conditions
   1-14  of the breast.
   1-15              (3)  "Mammography system" includes the following:
   1-16                    (A)  an x-ray unit used as a source of radiation
   1-17  in producing images of breast tissue;
   1-18                    (B)  an imaging system used for the formation of
   1-19  a latent image of breast tissue;
   1-20                    (C)  an imaging processing device for changing a
   1-21  latent image of breast tissue to a visual image that can be used
   1-22  for diagnostic purposes;
   1-23                    (D)  a viewing device used for the visual
   1-24  evaluation of an image of breast tissue if the image is produced in
    2-1  interpreting visual data captured on an image receptor;
    2-2                    (E)  a medical radiological technologist who
    2-3  performs a mammography; and
    2-4                    (F)  a physician who engages in, and who meets
    2-5  the requirements adopted by board rule relating to, the reading,
    2-6  evaluation, and interpretation of mammograms.
    2-7        Sec. 401.422.  CERTIFICATION REQUIRED.  (a)  A person may not
    2-8  perform mammography unless the mammography system used has been
    2-9  issued a certification under this subchapter.
   2-10        (b)  A certification under Subsection (a) is required in
   2-11  addition to any license, registration, or other requirement under
   2-12  this chapter.
   2-13        Sec. 401.423.  POWERS AND DUTIES OF BOARD.  (a)  The board
   2-14  shall:
   2-15              (1)  prescribe application forms for original and
   2-16  renewal certifications;
   2-17              (2)  set application and certification fees in amounts
   2-18  that are reasonable and necessary to defray the costs of the
   2-19  administration of this subchapter;
   2-20              (3)  adopt rules for the administration of this
   2-21  subchapter; and
   2-22              (4)  take other action necessary to enforce this
   2-23  subchapter.
   2-24        (b)  The board shall apply under the Mammography Quality
   2-25  Standards Act of 1992 (42 U.S.C. Section 354) to carry out the
   2-26  certification program requirements and to implement the standards
   2-27  established by the United States Secretary of Health under that Act
    3-1  in this state.  If the United States Secretary of Health grants the
    3-2  board's application, the board shall assume those responsibilities.
    3-3        Sec. 401.424.  MAMMOGRAPHY CERTIFICATION STANDARDS.  (a)  To
    3-4  receive a mammography certification under this subchapter, the
    3-5  mammography system must, at a minimum:
    3-6              (1)  meet criteria at least as stringent as the
    3-7  American College of Radiology mammography accreditation program;
    3-8              (2)  be specifically designed and used for the
    3-9  performance of mammography;
   3-10              (3)  be operated by an individual certified as a
   3-11  medical radiologic technologist under Chapter 1096, Acts of the
   3-12  70th Legislature, Regular Session, 1987 (Article 4512m, Vernon's
   3-13  Texas Civil Statutes), who has successfully completed special
   3-14  training in mammography; and
   3-15              (4)  be used in a facility that:
   3-16                    (A)  meets, at minimum, the requirements for
   3-17  certification of the Mammography Quality Standards Act of 1992 (42
   3-18  U.S.C. Section 354);
   3-19                    (B)  has a licensed medical physicist specialized
   3-20  in radiology under Chapter 235, Acts of the 72nd Legislature,
   3-21  Regular Session, 1991 (Article 4512n, Vernon's Texas Civil
   3-22  Statutes), who at least annually provides on-site consultation to
   3-23  the facility including a complete evaluation of the entire
   3-24  mammography system to ensure compliance with this subchapter;
   3-25                    (C)  maintains records of the consultations
   3-26  required under Paragraph (B) for not less than seven years after
   3-27  the date the consultation was performed;
    4-1                    (D)  establishes a quality control program that
    4-2  meets requirements that are at least as stringent as those of the
    4-3  American College of Radiology mammography accreditation program;
    4-4  and
    4-5                    (E)  maintains and makes available to a patient
    4-6  of the facility original mammograms performed at the facility until
    4-7  the earlier of:
    4-8                          (i)  the fifth anniversary of the
    4-9  mammography;
   4-10                          (ii)  if an additional mammogram of the
   4-11  same patient is not performed by the facility, the 10th anniversary
   4-12  of the mammography; or
   4-13                          (iii)  at the request of the patient, the
   4-14  patient's medical records are forwarded to another medical
   4-15  institution.
   4-16        (b)  To protect the public health, the board by rule may
   4-17  adopt more stringent or additional requirements for:
   4-18              (1)  the certification of mammography systems; and
   4-19              (2)  the retention of original mammograms.
   4-20        (c)  To protect the public health, the board by rule shall
   4-21  adopt qualifications for a physician who reads, evaluates, and
   4-22  interprets a mammogram that are no less stringent than the
   4-23  standards of the American College of Radiology.
   4-24        (d)  The board shall make available to the public copies of
   4-25  the criteria of the American College of Radiology mammography
   4-26  accreditation program or the modified criteria adopted by board
   4-27  rule.
    5-1        (e)  Notwithstanding any other provision of this chapter, the
    5-2  standards imposed for certification under this chapter may not be
    5-3  less stringent than the standards imposed on a facility under the
    5-4  Mammography Quality Standards Act of 1992 (42 U.S.C. Section 354).
    5-5        Sec. 401.425.  ALTERNATIVE CERTIFICATION; EXEMPTIONS.  (a)
    5-6  The department shall issue a certification under this subchapter
    5-7  for a mammography system for which the department is provided proof
    5-8  of accreditation by the American College of Radiology or another
    5-9  recognized organization that has standards no less stringent than
   5-10  the standards of the American College of Radiology.
   5-11        (b)  A mammography system issued a certification under this
   5-12  section is exempt from the certification standards established by
   5-13  or under Section 401.424 and the inspection requirements
   5-14  established by or under Section 401.430.
   5-15        (c)  If the board finds that application of this section
   5-16  would make the requirements of this chapter less stringent than the
   5-17  standards applicable under the Mammography Quality Standards Act of
   5-18  1992 (42 U.S.C. Section 354), the board may not issue a
   5-19  certification under this section.
   5-20        Sec. 401.426.  APPLICATION FOR CERTIFICATION.  (a)  A person
   5-21  who owns, leases, or uses or the agent of a person who owns,
   5-22  leases, or uses a mammography system must file a written
   5-23  application for certification under Section 401.424 or Section
   5-24  401.425 on a form prescribed by the board.
   5-25        (b)  The department may require, at any time after an
   5-26  application is filed, further information from the applicant and
   5-27  conduct inspections necessary to determine whether the application
    6-1  for certification should be granted or denied.
    6-2        Sec. 401.427.  CERTIFICATION RENEWAL.  (a)  A certification
    6-3  is valid for one year and may be renewed annually on payment of the
    6-4  required renewal fee.
    6-5        (b)  The board by rule may adopt a system under which
    6-6  certifications under this subchapter expire on various dates during
    6-7  the year.
    6-8        (c)  If a certification holder fails to renew the
    6-9  certification by the required date, the certification holder may
   6-10  renew the certification on payment of the renewal fee and a late
   6-11  fee set by the board.  If the certification is not renewed before
   6-12  the 181st day after the date on which the certification expired,
   6-13  the certification holder must apply for an original certification
   6-14  under this subchapter.
   6-15        (d)  A mammography system may not be used after the
   6-16  expiration date of the certification unless the holder of the
   6-17  expired certification has made a timely and sufficient application
   6-18  for renewal of the certification as provided under Section 18,
   6-19  Administrative Procedure and Texas Register Act (Article 6252-13a,
   6-20  Vernon's Texas Civil Statutes), and a final determination of the
   6-21  application by the board has not been made.
   6-22        Sec. 401.428.  DENIAL, SUSPENSION, REVOCATION, OR
   6-23  REINSTATEMENT OF CERTIFICATION.  (a)  The department may deny,
   6-24  suspend, revoke, or reinstate a certification.
   6-25        (b)  The board shall adopt rules establishing the grounds for
   6-26  denial, suspension, revocation, or reinstatement of a certification
   6-27  and establishing procedures for disciplinary actions.
    7-1        (c)  Proceedings relating to the suspension or revocation of
    7-2  a certification issued under this subchapter are subject to the
    7-3  Administrative Procedure and Texas Register Act (Article 6252-13a,
    7-4  Vernon's Texas Civil Statutes).
    7-5        (d)  A person whose certification has been revoked may apply
    7-6  for a new certification on the expiration of one year after the
    7-7  date the certification was revoked.
    7-8        Sec. 401.429.  CERTIFICATION FOR MULTIPLE MAMMOGRAPHY
    7-9  SYSTEMS.  (a)  An applicant for certification under Section 401.426
   7-10  must obtain a separate certification for each mammography system
   7-11  that is owned, leased, or used by the applicant.
   7-12        (b)  Certification of multiple mammography systems by a
   7-13  single applicant may be recorded on a single certification
   7-14  document.  If multiple mammography systems are recorded on a single
   7-15  certification document, each specific machine certified, if any,
   7-16  must be identified on the certification document by referring to
   7-17  the machine's manufacturer, model number, and serial number.
   7-18        Sec. 401.430.  INSPECTIONS.  (a)  The department shall
   7-19  inspect each mammography system that receives a certification under
   7-20  this subchapter not later than the 60th day after the date the
   7-21  certification is issued.
   7-22        (b)  The department shall inspect, at least once annually,
   7-23  each mammography system that receives a certification.
   7-24        (c)  To protect the public health, the department may conduct
   7-25  more frequent inspections than required under this section.
   7-26        (d)  The department shall make reasonable attempts to
   7-27  coordinate inspections under this section with other inspections
    8-1  required under this chapter for the facility where the mammography
    8-2  system is used.
    8-3        (e)  After each satisfactory inspection, the department shall
    8-4  issue a certificate of inspection for each mammography system
    8-5  inspected.  The certificate of inspection must be posted at a
    8-6  conspicuous place on or near the place where the mammography system
    8-7  is used.  The certificate of inspection shall:
    8-8              (1)  specifically identify the mammography system
    8-9  inspected;
   8-10              (2)  state the name and address of the facility where
   8-11  the mammography system was used at the time of the inspection; and
   8-12              (3)  state the date of the inspection.
   8-13        (f)  A notice of a mammography system's failure to satisfy
   8-14  department standards shall be posted:
   8-15              (1)  on the mammography system at a conspicuous place
   8-16  if the system is a machine; or
   8-17              (2)  near the place where the mammography system
   8-18  practices if the system is an individual.
   8-19        (g)  To protect the public health, the board may adopt rules
   8-20  concerning the grounds for posting a failure notice and the
   8-21  placement and size of the failure notice.
   8-22        Sec. 401.431.  TRANSITION.  (a)  A mammography system is not
   8-23  required to have a certification under this subchapter until July
   8-24  1, 1994.
   8-25        (b)  Section 401.422 takes effect July 1, 1994.
   8-26        (c)  The board shall adopt rules under this subchapter not
   8-27  later than January 1, 1994.
    9-1        (d)  This section expires January 1, 1996.
    9-2        SECTION 2.  The importance of this legislation and the
    9-3  crowded condition of the calendars in both houses create an
    9-4  emergency and an imperative public necessity that the
    9-5  constitutional rule requiring bills to be read on three several
    9-6  days in each house be suspended, and this rule is hereby suspended,
    9-7  and that this Act take effect and be in force from and after its
    9-8  passage, and it is so enacted.