54th legislature - STATE OF NEW MEXICO - first session, 2019

RELATING TO HEALTH; REQUIRING HEALTH FACILITIES THAT PERFORM MAMMOGRAMS TO PROVIDE CERTAIN INFORMATION RELATING TO BREAST DENSITY TO PATIENTS.

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

SECTION 1. [NEW MATERIAL] MAMMOGRAMS--HEALTH FACILITIES--BREAST DENSITY DISCLOSURE.--

A. A health facility that performs a mammogram examination shall include in the summary of the mammography report that is required pursuant to federal law to be provided to a patient information that identifies the patient's individual breast density classification based on the breast imaging reporting and data system established by the American college of radiology. If the health facility determines that a patient has heterogeneously dense or extremely dense breast tissue, the summary of the mammography report shall include the following notice:

"Your mammogram indicates that you have dense breast tissue. Dense breast tissue is common and is not abnormal. However, dense breast tissue may make it harder to evaluate the results of your mammogram. It may also be associated with an increased risk of breast cancer. This information is being provided to raise your awareness and to inform your conversation with your health care provider. Together, you can decide if additional screening options may be right for you. A report of your results was sent to your health care provider.".

B. A health facility may direct a patient who receives a diagnostic or screening mammogram to information about breast density, which may include:

(1) the American college of radiology's most current brochure on the subject of breast density available on the American college of radiology's website;

(2) materials related to cancer or mammography produced by an educational institution; or

(3) materials related to cancer or mammography produced by an advocacy organization.

C. Nothing in this section shall be deemed to create a duty of care or other legal obligation beyond the duty to provide notice as set forth in Subsection A of this section. Nothing in this section shall be deemed to require a notice that is inconsistent with the provisions of the federal Mammography Quality Standards Act of 1992 or any regulations promulgated pursuant to that act.