relative to breast density notification

The committee on Health Care Financing recommended that the bill be amended SECTION 1. Chapter 111 of the General Laws is hereby amended by inserting after section 5Q the following section:-

Section 5Q ½. (a) On completion of a mammogram, a mammography facility licensed by the department of public health shall provide to the patient the following notice:

“If your mammogram demonstrates that you have dense breast tissue, which could hide abnormalities, and you have other risk factors for breast cancer that have been identified, you might benefit from supplemental screening tests that may be suggested by your ordering physician.

Dense breast tissue, in and of itself, is a relatively common condition. Therefore, this information is not provided to cause undue concern, but rather to raise your awareness and to promote discussion with your physician regarding the presence of other risk factors, in addition to dense breast tissue.

A report of your mammography results will be sent to you and your physician. You should contact your physician if you have any questions or concerns regarding this report.You may also find more information about breast density at the website of the American College of Radiology, www.acr.org.”

(b) If the department finds significant differences between the content of the notice that is required to be provided pursuant to this section and current medical evidence on breast density or the notice is inconsistent with the provisions of the federal Mammography Quality Standards Act (42 U.S.C § 263b) or any regulations promulgated pursuant to this act, the department may adopt regulations that change the contents of this notice.

(c) Notwithstanding any special or general law to the contrary, this section does not create a cause of action or create a standard of care, obligation, or duty that provides a basis for a cause of action.

(d) The information required by this section or evidence that a person violated this section is not admissible in a civil, judicial, or administrative proceeding.