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<section article="ghg" article_name="Health - General" number="20-115" title_number="20" title_name="Miscellaneous Health Provisions" subtitle_number="1" subtitle_name="Consent Provisions">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>“Center” means any facility that produces, develops, or interprets:</text>
        <level label="1">
          <text>Screening mammograms; or</text>
        </level>
        <level label="2">
          <text>Diagnostic mammograms.</text>
        </level>
      </level>
      <level label="ii">
        <text>“Center” includes a hospital, outpatient department, medical laboratory, clinic, radiology practice, office of a health care provider, or other testing facility conducting mammography testing.</text>
      </level>
      <level label="iii">
        <text>“Center” does not include a facility of the federal Department of Veterans Affairs.</text>
      </level>
    </level>
    <level label="3">
      <text>“Dense breast tissue” means heterogeneously dense or extremely dense tissue as defined in nationally recognized guidelines or systems for breast imaging reporting of mammography screening, including the breast imaging reporting and data system of the American College of Radiology.</text>
    </level>
    <level label="4">
      <text>“Mammogram” means a radiographic image produced through mammography.</text>
    </level>
    <level label="5">
      <text>“Mammography testing” means the imaging of the breast with ionizing radiation.</text>
    </level>
  </level>
  <level label="b">
    <text>On or after July 1, 1992, a person may not perform mammography testing unless:</text>
    <level label="1">
      <text>The individual performing mammography testing is qualified under Title 14 of the Health Occupations Article; and</text>
    </level>
    <level label="2">
      <text>The center where the mammography testing is performed:</text>
      <level label="i">
        <text>Is accredited or has applied for accreditation under the American College of Radiology Screening Mammography Accreditation Program; and</text>
      </level>
      <level label="ii">
        <text>Has obtained a certificate of approval from the federal Food and Drug Administration as specified in the federal Mammography Quality Standards Act of 1992.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <level label="i">
        <text>This subsection does not apply if the federal Mammography Quality Standards Act of 1992, or regulations adopted under the Act, requires a notice regarding breast density to be included in the screening results letter that is sent to a patient.</text>
      </level>
      <level label="ii">
        <text>This subsection may not be construed to:</text>
        <level label="1">
          <text>Require a notice regarding breast density to be sent to a patient that is inconsistent with the provisions of the federal Mammography Quality Standards Act of 1992, or regulations adopted under the Act; or</text>
        </level>
        <level label="2">
          <text>Create a standard of care, obligation, or duty that provides a basis for a cause of action.</text>
        </level>
      </level>
    </level>
    <level label="2">
      <text>Subject to paragraph (3) of this subsection, a center where mammography testing is performed shall include in a screening results letter that is sent to a patient, as required by federal law, the following notice: “This notice contains the results of your recent mammogram, including information about breast density.</text>
      <text>If your mammogram shows that your breast tissue is dense, you should know that dense breast tissue is a common finding and is not abnormal, with about half of women having dense or highly dense breasts. However, dense breast tissue can make it harder to find cancer on a mammogram and may also be associated with an increased risk of cancer.</text>
      <text>This information about the result of your mammogram is given to you to raise your awareness and to inform your conversations with your physician. Together, you can decide whether additional screening options are right for you based on your mammogram results, individual risk factors, or physical examination. A report of your results was sent to your physician.”.</text>
    </level>
    <level label="3">
      <text>If the Department finds significant differences between the content of the notice that is required to be provided under paragraph (2) of this subsection and current medical evidence on breast density, the Department may adopt regulations that change the content of the notice.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>This subsection may not be construed to create a standard of care, obligation, or duty that provides a basis for a cause of action.</text>
    </level>
    <level label="2">
      <text>Subject to paragraph (3) of this subsection, a center where mammography testing is performed shall include in a screening results letter that is sent to a patient, as required by federal law, the following notice:</text>
      <text>“This notice contains the results of your recent mammogram, including information about breast arterial calcification.</text>
      <text>If your mammogram shows breast arterial calcification, you should know that breast arterial calcification is a common finding. However, breast arterial calcification may be an indicator of an increased risk of cardiovascular disease. If you have breast arterial calcifications, please discuss this with your physician to assess your cardiovascular risks and determine if additional testing may be appropriate for you.</text>
      <text>This information about the result of your mammogram is given to you to raise your awareness and to inform your conversations with your physician. Together you can decide whether additional screening options are right for you based on your mammogram results, individual risk factors, or physical examination. A report of your results was sent to your physician.”.</text>
    </level>
    <level label="3">
      <text>If the Department finds significant differences between the content of the notice that is required to be provided under paragraph (2) of this subsection and current medical evidence on breast arterial calcification, the Department may adopt regulations that change the content of the notice.</text>
    </level>
  </level>
  <level label="e">
    <text>Notwithstanding any other provision of this title, the penalty for a violation of subsection (b) of this section may not exceed $1,000.</text>
  </level>
</section>
