H.R. 583House110th Congress (2007-2009)In Committee

Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2007

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Health.

Health Subcommittee

February 2, 2007

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HouseIntro Referral

Introduced in House

January 19, 2007

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

January 19, 2007

HouseCommittee

Referred to the Subcommittee on Health.

Health Subcommittee

February 2, 2007

Floor Debate

1 member

What members said about H.R. 583 on the floor

1 Democrat

Rep. John B. LarsonD-CT-1 · Sep 28, 2007

Madam Speaker, I rise today to pay great honor to Jo Picone, a Radiologic Technologist from Hartford, CT, who has dedicated her life to the care of others. Since 1948, Jo has worked to ensure the…

Madam Speaker, I rise today to pay great honor to Jo Picone, a Radiologic Technologist from Hartford, CT, who has dedicated her life to the care of others. Since 1948, Jo has worked to ensure the health and well-being of her patients, children, and community. Indeed, although she officially retired from her 38-year ER career in 2000, the 78-year-old continues to work part-time at an outpatient clinic.

The daughter of Italian immigrants, Jo graduated from the Massachusetts School of Physical Therapy and Medical Technology, and completed her clinical training at Massachusetts General and Beth Israel hospitals in Boston. She received further training at St. Luke's Hospital in New Bedford, Massachusetts. As a student, Ms. Picone found that she loved the art and science of radiology, as well as the patient care. And this love has certainly stayed with her through the years.

While in Boston, Jo was secretary of the Massachusetts Society of Radiologic Technologists. Through this position, she was able to meet influential members of the American Society of Radiologic Technologists (ASRT), an organization with which she has worked closely. For over 50 years now, Jo has been involved with ASRT and state affiliate functions.

Her career progressed in Massachusetts; she became a senior technologist at Marlboro Hospital and then chief technologist at Boston State Hospital. It was there that she met and fell in love with Angelo Picone, a psychiatric social worker. They married and moved to Connecticut, where Angelo worked in the Hartford school system. Together, they raised 6 children--five boys and a girl. Though she stayed home when they were young, Jo worked 60-hour weeks in the ER at Saint Francis Hospital and Medical Center to put each of her children through college.

Jo is well-respected among her colleagues. Many recognize her tireless work on Connecticut's first licensure bill that passed in 1993. Jo is also known for her advocacy in DC in support of the Consistency, Accuracy, Responsibility and Excellence in Medical Imaging and Radiation Therapy bill (H.R. 583), of which I am a cosponsor.

Jo retired in 2000 after 33 years in the emergency room at Saint Francis Hospital and Medical Center in Hartford, Connecticut. However, she continues to work at a Saint Francis outpatient clinic throughout the week. Jo also volunteers at Saint Francis for the teen safety program, ``Let's Not Meet by Accident,'' which educates new drivers in high school about the effects of poor decisionmaking.

Jo is truly in possession of an upbeat attitude and zest for her profession. Co-workers know her as someone who is fun to be around and full of life. According to one, ``She can out-work anyone half her age.'' I have had the personal experience of having her treat family members with care, professionalism, and the warmth that comes from a nurturing soul.

Madam Speaker, I ask that my colleagues join me today in honoring the tremendous work and service of Jo Picone. Jo lives by the words of baseball legend Jackie Robinson ``A life is not important except in the impact it has on other lives.'' I am honored to know such a remarkable individual.

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Introduced in HouseIssued January 19, 2007

110th CONGRESS

1st Session

H. R. 583

IN THE HOUSE OF REPRESENTATIVES

January 19, 2007

Mr. Doyle (for himself, Mr. Pickering, Mrs. Capps, Mr. Duncan, Mrs. Blackburn, Mr. Rogers of Michigan, and Mrs. Wilson of New Mexico) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Public Health Service Act to make the provision of technical services for medical imaging examinations and radiation therapy treatments safer, more accurate, and less costly.

Short title

This Act may be cited as the Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2007.

Purpose

The purpose of this Act is to improve the quality and value of healthcare by increasing the safety and accuracy of medical imaging examinations and radiation therapy treatments, thereby reducing duplication of services and decreasing costs.

Quality of medical imaging and radiation therapy

Part F of title III of the Public Health Service Act (42 U.S.C. 262 et seq.) is amended by adding at the end the following:

Medical Imaging and Radiation Therapy

355.

Quality of medical imaging and radiation therapy

(a)

Establishment of Standards

(1)

In general

The Secretary, in consultation with recognized experts in the technical provision of medical imaging and radiation therapy services, shall establish standards to ensure the safety and accuracy of medical imaging studies and radiation therapy treatments. Such standards shall pertain to the personnel who perform, plan, evaluate, or verify patient dose for medical imaging studies and radiation therapy procedures and not to the equipment used.

(2)

Experts

The Secretary shall select expert advisers under paragraph (1) to reflect a broad and balanced input from all sectors of the health care community that are involved in the provision of such services to avoid undue influence from any single sector of practice on the content of such standards.

(3)

Limitation

The Secretary shall not take any action under this subsection that would require licensure by a State of those who provide the technical services referred to in this subsection.

(b)

Exemptions

The standards established under subsection (a) shall not apply to physicians (as defined in section 1861(r) of the Social Security Act (42 U.S.C. 1395x(r))), nurse practitioners and physician assistants (as defined in section 1861(aa)(5) of the Social Security Act (42 U.S.C. 1395x(aa)(5))).

(c)

Requirements

(1)

In general

Under the standards established under subsection (a), the Secretary shall ensure that individuals, prior to performing or planning medical imaging and radiation therapy services, demonstrate compliance with the standards established under subsection (a) through successful completion of certification by a professional organization, licensure, completion of an examination, pertinent coursework or degree program, verified pertinent experience, or through other ways determined appropriate by the Secretary, or through some combination thereof.

(2)

Miscellaneous provisions

The standards established under subsection (a)—

(A)

may vary from discipline to discipline, reflecting the unique and specialized nature of the technical services provided, and shall represent expert consensus as to what constitutes excellence in practice and be appropriate to the particular scope of care involved;

(B)

may vary in form for each of the covered disciplines; and

(C)

may exempt individual providers from meeting certain standards based on their scope of practice.

(3)

Recognition of individuals with extensive practical experience

For purposes of this section, the Secretary shall, through regulation, provide a method for the recognition of individuals whose training or experience are determined to be equal to, or in excess of, those of a graduate of an accredited educational program in that specialty, or of an individual who is regularly eligible to take the licensure or certification examination for that discipline.

(d)

Approved Bodies

(1)

In general

Not later than the date described in subsection (j)(2), the Secretary shall begin to certify qualified entities as approved bodies with respect to the accreditation of the various mechanisms by which an individual can demonstrate compliance with the standards promulgated under subsection (a), if such organizations or agencies meet the standards established by the Secretary under paragraph (2) and provide the assurances required under paragraph (3).

(2)

Standards

The Secretary shall establish minimum standards for the certification of approved bodies under paragraph (1) (including standards for recordkeeping, the approval of curricula and instructors, the charging of reasonable fees for certification or for undertaking examinations, and standards to minimize the possibility of conflicts of interest), and other additional standards as the Secretary may require.

(3)

Assurances

To be certified as an approved body under paragraph (1), an organization or agency shall provide the Secretary satisfactory assurances that the body will—

(A)

be a nonprofit organization;

(B)

comply with the standards described in paragraph (2);

(C)

notify the Secretary in a timely manner if the body fails to comply with the standards described in paragraph (2); and

(D)

provide such other information as the Secretary may require.

(4)

Withdrawal of approval

(A)

In general

The Secretary may withdraw the certification of an approved body if the Secretary determines the body does not meet the standards under paragraph (2).

(B)

Effect of withdrawal

The withdrawal of the certification of an approved body under subparagraph (A) shall have no effect on the certification status of any individual or person that was certified by that approved body prior to the date of such withdrawal.

(e)

Existing State Standards

Standards established by a State for the licensure or certification of personnel, accreditation of educational programs, or administration of examinations shall be deemed to be in compliance with the standards of this section unless the Secretary determines that such State standards do not meet the minimum standards prescribed by the Secretary or are inconsistent with the purposes of this section. The Secretary shall establish a process by which a State may respond to or appeal a determination made by the Secretary under the preceding sentence.

(f)

Rule of Construction

Nothing in this section shall be construed to prohibit a State or other approved body from requiring compliance with a higher standard of education and training than that specified by this section. Notwithstanding any other provision of this section, individuals who provide medical imaging services relating to mammograms shall continue to meet the standards applicable under the Mammography Quality Standards Act of 1992.

(g)

Evaluation and Report

The Secretary shall periodically evaluate the performance of each approved body under subsection (d) at an interval determined appropriate by the Secretary. The results of such evaluations shall be included as part of the report submitted to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives in accordance with 354(e)(6)(B).

(h)

Delivery of and Payment for Services

Not later than the date described in subsection (j)(3), the Secretary shall promulgate regulations to ensure that all programs under the authority of the Secretary that involve the performance of or payment for medical imaging or radiation therapy, are performed in accordance with the standards established under this section.

(i)

Alternative Standards for Rural and Underserved Areas

(1)

In general

The Secretary shall determine whether the standards established under subsection (a) must be met in their entirety for medical imaging or radiation therapy that is performed in a geographic area that is determined by the Medicare Geographic Classification Review Board to be a rural area or that is designated as a health professional shortage area. If the Secretary determines that alternative standards for such rural areas or health professional shortage areas are appropriate to assure access to quality medical imaging, the Secretary is authorized to develop such alternative standards.

(2)

State discretion

The chief executive officer of a State may submit to the Secretary a statement declaring that an alternative standard developed under paragraph (1) is inappropriate for application to such State, and such alternative standard shall not apply in such submitting State. The chief executive officer of a State may rescind a statement described in this paragraph following the provision of appropriate notice to the Secretary.

(j)

Applicable Timelines

(1)

General implementation regulations

Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate such regulations as may be necessary to implement all standards in this section except those provided for in subsection (d)(2).

(2)

Minimum standards for certification of approved bodies

Not later than 24 months after the date of enactment of this section, the Secretary shall establish the standards regarding approved bodies referred to in subsection (d)(2) and begin certifying approved bodies under such subsection.

(3)

Regulations for delivery of or payment for services

Not later than 36 months after the date of enactment of this section, the Secretary shall promulgate the regulations described in subsection (h). The Secretary may withhold the provision of Federal assistance as provided for in subsection (h) beginning on the date that is 48 months after the date of enactment of this section.

(k)

Definitions

In this section:

(1)

Approved body

The term approved body means an entity that has been certified by the Secretary under subsection (d)(1) to accredit the various mechanisms by which an individual can demonstrate compliance with the standards promulgated under subsection (a) with respect to performing, planning, evaluating, or verifying patient dose for medical imaging or radiation therapy.

(2)

Medical imaging

The term medical imaging means any procedure used to visualize tissues, organs, or physiologic processes in humans for the purpose of diagnosing illness or following the progression of disease. Images may be produced utilizing ionizing radiation, radiopharmaceuticals, magnetic resonance, or ultrasound and image production may include the use of contrast media or computer processing. For purposes of this section, such term does not include routine dental diagnostic procedures.

(3)

Perform

The term perform, with respect to medical imaging or radiation therapy, means—

(A)

the act of directly exposing a patient to radiation via ionizing or radio frequency radiation, to ultrasound, or to a magnetic field for purposes of medical imaging or for purposes of radiation therapy; and

(B)

the act of positioning a patient to receive such an exposure.

(4)

Plan

The term plan, with respect to medical imaging or radiation therapy, means the act of preparing for the performance of such a procedure to a patient by evaluating site-specific information, based on measurement and verification of radiation dose distribution, computer analysis, or direct measurement of dose, in order to customize the procedure for the patient.

(5)

Radiation therapy

The term radiation therapy means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of radiation.

(l)

Sunset

This section shall have no force or effect after September 30, 2016.

Report on the effects of this Act

Not later than 5 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Agency for Healthcare Research and Quality, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the effects of this Act. Such report shall include the types and numbers of providers for whom standards have been developed, the impact of such standards on diagnostic accuracy and patient safety, and the availability and cost of services. Entities reimbursed for technical services through programs operating under the authority of the Secretary of Health and Human Services shall be required to contribute data to such report.