SENATE BILL 283

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Timothy Z. Jennings

AN ACT

RELATING TO HEALTH CARE; REQUIRING HEALTH CARE PROVIDERS TO INFORM PERSONS UNDERGOING MASTECTOMY OR LUMPECTOMY OR LYMPH NODE DISSECTION SURGERY OF THE BREAST ABOUT THE OPTION OF RECONSTRUCTIVE SURGERY. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. COMMUNICATION REGARDING RECONSTRUCTIVE BREAST SURGERY.--

          A. A health care provider that provides mastectomy or lumpectomy or lymph node dissection surgery of the breast shall provide information to the patient about the option of reconstructive surgery. The information shall be provided to the patient in writing and in advance of obtaining consent for the mastectomy or lumpectomy or lymph node dissection surgery of the breast. The information shall include at least a description of:

                (1) reconstructive surgery options and the advantages and disadvantages of each option;

                (2) the availability of health insurance or health care coverage for costs related to reconstructive surgery pursuant to the New Mexico Insurance Code and the federal Women's Health and Cancer Rights Act of 1998; and

                (3) patient access to reconstructive surgery services, including referring the patient to a health care provider that provides reconstructive surgery if the health care provider that performs the mastectomy or lumpectomy or lymph node dissection surgery of the breast does not offer reconstructive surgery services.

          B. The department of health shall notify health care providers of the provisions of Subsection A of this section. 

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